THE JOYFUL HEART FOUNDATION WITH MISSOURI ATTORNEY GENERAL ERIC SCHMITT
Our guest author is Attorney General Eric Schmitt of Missouri. Attorney General Schmitt launched the SAFE Kit initiative in the state to address the backlog of untested rape kits and bring justice to survivors. The first step of the initiative was to carry out an inventory of all untested kits, in order to understand the scope of the problem and monitor progress. Below, the Attorney General provides lessons learned and the details of the comprehensive inventory carried out alongside Judge M. Keithley Williams.
The most important aspect of my job is to ensure that every citizen of the state of Missouri receives the full protection afforded by the laws of our state and of our country against crimes of abuse, violence and fraud – a responsibility I certainly do not take lightly. When I was sworn in as Missouri’s 43rd Attorney General in January 2019, tackling the backlog of untested sexual assault kits was a top priority.
One of the first actions my office took was to announce the appointment of Judge M. Keithley Williams to lead our Sexual Assault Forensic Evidence (SAFE) Kit Initiative, a program to tackle the backlog of untested sexual assault kits across Missouri. This was made possible by a Sexual Assault Kit Initiative grant from the Bureau of Justice Assistance, and entailed completing an exhaustive inventory of all sexual assault kits in law enforcement offices, hospitals, and other ancillary organizations, as well as creating an electronic tracking system for the kits, and eventually testing kits.
Before we began the inventory process, we first engaged with a multi-disciplinary working group of law enforcement, nurses, hospital administrators, victim advocates, and state prosecutors from all corners of the state to advise us in this process. Hearing input from those who are closest to this issue was crucial in ensuring that the inventory would go as smoothly as possible and would be respectful to victims, law enforcement, and healthcare partners.
To complete this inventory, Judge Williams and her team traveled more than 17,000 miles to all corners of Missouri, conducting site visits to law enforcement agencies, hospitals, and other ancillary organizations to audit their inventory of untested kits. This included physically barcoding kits, random spot checks, counting and verifying inventory kits.
The response from law enforcement and healthcare providers was nothing short of incredible, it entailed countless hours of preparation, organization, data entry, and cold case research. The professionalism shown by the personnel of these entities reflects their dedication to the communities they serve and their desire to improve service to victims of sexual assault.
This meticulous review of Missouri’s untested sexual assault kits culminated in our exhaustive report on the backlog in which our office found there were 6,189 out of 7,019 total inventoried kits that have sat on a shelf, gathering dust, and remained untested. Additionally, 830 kits found had been tested using outdated or inefficient methods that often pre-dated DNA testing.
The inventory report laid out four suggestions that could help Missouri ensure that this backlog never happens again, and several bills have been filed in the General Assembly to adopt these recommendations:
- Require all entities handling sexual assault kits to use the electronic tracking system that my office is currently developing to ensure kits no longer fall through the cracks.
- Move all unreported sexual assault kits to one centralized location in Missouri to ensure kits are properly retained and give victims the opportunity to come forward when they are ready.
- Review and revise the information located on the exterior of kits to provide practitioners with the information they need without compromising the integrity of the evidence.
- Track each sexual assault kit as a whole instead of individual components of the kit to prevent compromising kit evidence during tracking
In December 2019, my office began sending inventoried kits to a private laboratory for testing to prevent overwhelming existing state lab capacity. Additionally, my office is currently developing a statewide electronic tracking system for future kits. These efforts show survivors that the Missouri Attorney General’s Office takes them seriously and that we are committed to bringing justice to perpetrators who have lurked in the shadows.
While it is easy to focus on the number of untested kits, it is important to remember that behind every one of these kits is a human being, not a number or statistic. Going through a forensic medical examination takes considerable courage and processing that DNA evidence is crucial to ensuring that the offenders are brought to justice, out of the shadows and off the streets. We can do better and we must do better to honor their courage.
As a husband and father, my commitment to the safety of all Missourians is extremely personal, and I will not give up in my pursuit to end this backlog and bring justice and healing victims who have waited for far too long.