It is estimated that hundreds of thousands of sexual assault kits are sitting untested in police department and crime lab storage facilities across the country in what is known as the rape kit backlog. Each kit represents a lost opportunity to bring healing and justice to a survivor of sexual violence and safety to a community.
The rape kit backlog comprises two distinct but related problems:
- The first part of the backlog occurs when rape kits are collected and booked into evidence, but detectives and/or prosecutors do not request DNA analysis. These kits may remain in a police evidence storage facility indefinitely. This is often referred to as the “untested” or “unsubmitted” rape kit backlog. Joyful Heart defines an untested and/or backlogged kit as one that has not been submitted to an accredited public or private crime lab for testing within 10 days of being booked into evidence.
- The second part of the backlog occurs in crime laboratory facilities, where rape kits that have been submitted for testing are awaiting DNA analysis. Many kits that are submitted to crime labs are not tested in a timely manner, creating the second part of the backlog.
Joyful Heart defines a “backlogged” kit at the DNA testing lab as one that has not been tested within 30 days of receipt by the lab.
We believe that every rape kit booked into evidence and connected to a reported sexual assault should be submitted to a crime lab for testing, and that crime labs must commit to testing rape kit evidence in a timely manner.
Joyful Heart is implementing a national campaign to pass comprehensive rape kit reform in all 50 states. While that effort is ongoing, Governors across the country are taking action to address the backlogs in their state. These important steps are enhancing transparency and accountability.
Actions Governors Can Take Now Include:
Conducting a Statewide Inventory: In 2015, Alaska Governor Bill Walker began a preliminary rape kit inventory. In August 2016, the Governor’s office announced that they had found approximately 3,800 untested kits statewide. Following the audit, Alaskan legislators passed Senate Bill 55 in 2017, requiring a one-time statewide inventory of kits. The results of the legislative audit report indicated 2,568 kits in November 2018. Governor Walker’s leadership raised awareness of the issue and started a statewide effort to create better sexual assault evidence handling procedures in Alaska.
Testing Backlogged Kits: In 2015, Connecticut Governor Dannel Malloy established a Sexual Assault Kit Working Group that is responsible for investigating barriers for submitting sexual assault evidence to the Connecticut Forensic Science Laboratory. The group was an essential part of the state’s efforts in implementing comprehensive sexual assault reform until 2018, when Connecticut legislators enacted a law mandating an electronic tracking system. In 2018, the working group announced that all of the kits uncovered in the 2015 audit were tested.
Increasing Funding for Testing Rape Kits: Following a Senate resolution to study the number of untested kits across the state and evaluate compliance with the existing testing law, Pennsylvania Governor Tom Wolf used the DNA Detection Fund in 2017 to support the hiring of additional DNA testing technicians and to help State Police carry out duties regarding DNA testing and handling. The funds aided State Police efforts in both 2017 and 2018, contributing to helping end the backlog in the state.
Convening a Task Force or Working Group: In 2017, Oklahoma Governor Mary Fallin issued an executive order for law enforcement agencies to audit and report their number of untested rape kits. The governor also created the Oklahoma Task Force on Sexual Assault Forensic Evidence, which was ordered to provide recommendations to her based on the audit results. Governor Fallin’s efforts led to discovery of 7,270 untested rape kits, reported by 312 law enforcement agencies. While 120 agencies did not respond to the audit, the effort shed a light on major problems around sexual assault kit handling in the state and led to further backlog efforts. In the following years, legislators passed laws requiring an annual inventory, testing timelines for newly collected kits, mandating testing of backlogged kits, establishing a tracking system, and ongoing funding to ensure implementation of these laws.
Applying for Federal Grants: In 2015, the Executive Office of the Governor of Delaware received $1.1 million from the U.S. Department of Justice Bureau of Justice Assistance (BJA) to test kits, investigate, prosecute cases, and re-engage survivors. In 2018, the Governor’s Office received an additional $1 million funding to sustain its work. These BJA grants ensured the state can test kits and engage survivors in the system.
We stand ready to work with state officials who are committed to addressing their state’s backlog and update policies for handling and processing rape kit evidence. We encourage staff to contact policy@endthebacklog.org or 212-475-2026 to see how our team can support reform efforts.