How to end the backlog

Policy Reform: State Level

Enacting laws to improve the handling and processing of rape kits is vital; systemic and lasting change takes effect through state-level legislation. While agency, local, and county-level reform efforts are incredibly important, we know that perpetrators do not stop at these geographical limits, and survivors’ access to justice should not be limited by zip code. Over time, as leadership changes, media attention wanes, and priorities shift, we must ensure that survivors of rape are not left behind.

In 2016, the Joyful Heart Foundation, in partnership with Civitas Public Affairs Group, developed a grassroots, survivor-focused, and actionable nationwide campaign to end the rape kit backlog. The campaign plan was developed following a thorough review of the work in this area, which included interviews with nearly 75 trusted experts including advocates, survivors, prosecutors, investigators, crime lab personnel, and local, state, and national leaders. This was followed by a 50-state analysis of the policy opportunity landscape. This assessment formalized the six pillars for states to achieve comprehensive rape kit reform.

Before our six-pillar campaign in 2016, there was no standardized way to understand and analyze the severity of the backlog problem in the United States. This made our goal of eliminating the backlog even more challenging. At the time, there was no consensus on how many untested sexual assault kits were sitting on shelves, their locations, next steps, or how to prevent a backlog of untested sexual assault kits in the future.

Joyful Heart’s national research initiative and agenda allowed us to determine which rape kit reforms each state had achieved and what work still needed to be carried out. This set the groundwork for our legislative campaign. Once we knew what needed to be done in each state, we began providing information to local legislators about adopting the six pillars. This work was essential because creating systemic changes via legislation and policy will withstand administration changes and shifting priorities (e.g., a lab director’s retirement or a new police chief who doesn’t elevate rape as an important crime). Enacting and implementing legislation is the best way to ensure that there will never be another backlog of unsubmitted sexual assault kits in the United States. Our campaign will not end until every state has cleared its rape kit backlog and adopted all six pillars.

Six Pillars of Rape Kit Reform

Annual statewide inventory

Counts of all untested rape SAKs on a re-occurring basis to understand the scope of the problem, where the system is breaking down, and to monitor progress. This aids in creating greater accountability and transparency for all stakeholders.

Mandatory testing of backlogged SAKs

Mandatory testing of backlogged SAKs: Eliminate the existing backlog by requiring law enforcement agencies to submit all previously untested SAKs to the lab and requiring these kits to be tested.

Mandatory testing of new SAKs

Prevent future backlogs by requiring law enforcement agencies to promptly submit all newly collected SAKs to the lab and requiring the lab to test these kits within a specific time frame.

Tracking system

Create a statewide system that allows designated individuals (mainly victims, law enforcement agents, hospital staff, and lab staff,) to follow the path of a rape kit throughout the chain of command: hospital, local law enforcement agency, analysis process at the lab, and final disposition.

Victims’ right to notice

Grant victims the right to receive information about the status and location of their SAKs.

Funding for reform

Allocate the appropriate amounts of state funding to implement these reforms.

Policy Reform: Federal Level

The federal government plays an important role in ending the rape kit backlog. Most of the federal level work around rape kit reform is providing funding (see next section). The Joyful Heart Foundation has supported other mission-related legislation including the Violence Against Women Act, The Sexual Assault Forensic Evidence Registry (SAFER) Act, The Fairness for Rape Kit Backlog Survivors Act of 2021, The Justice for All Act, The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, The Child RESCUE Act, and most recently a congressional resolution supporting our six pillars of rape kit reform.

Funding

Federal and state support for crime labs, victim advocacy, law enforcement, prosecutors, and sexual assault medical responders is key to ensuring the proper handing of rape kits and swift testing. It’s also crucial for properly collecting of rape kits, investigating cases, prosecuting offenders, and providing support and advocacy for survivors.

30 STATES

passed bills that grant state funds towards ending the backlog.

State

The Joyful Heart Foundation calls for sufficient funding throughout the criminal justice system to ensure survivors are engaged and supported, and crime labs, law enforcement, and prosecutors have the resources necessary to test rape kits, investigate cases, and prosecute offenders. Since 2013, 30 states have passed bills that grant state funds toward ending the backlog. These states, through senate and house bills, appropriations bills, and direct changes in the state budget, have allocated $231 million to end the backlog and test more than 156,000 kits. These funding measures have targeted ending the backlog, funding crime labs, implementing relevant reforms, allocating state budget appropriations, and testing future kits. These state investments create a safer environment and positive impact for over 261 million Americans, more than two-thirds of the population. On average, states granted $3.2 million to end the backlog, ranging from $157,000 in Montana to $86.5 million in Texas.

On average, states granted $3.2 million to end the backlog, ranging from $157,000 in Montana to $86.5 million in Texas.

Federal

Today, the nation has three federally run programs designed to improve the way sexual assault SAKs are managed: The Sexual Assault Kit Initiative (SAKI), Sexual Assault Forensic Evidence – Inventory, Tracking, and Reporting (SAFE-ITR) Program, and The Debbie Smith Act.

Today, the nation has two federally-run programs designed to improve the way sexual assault kits are managed: the Sexual Assault Kit Initiative (SAKI), and the Debbie Smith Act.

SAKI is a Department of Justice program created to provide local communities with funding and technical assistance to test previously unsubmitted sexual assault kits in police and hospital storage facilities, create multi-disciplinary teams to investigate and prosecute cases connected to the backlog, and address the need for victim notification and re-engagement with the criminal justice system. The U.S. Congress has approved between $41 and $45 million each year for this program since 2015. Grants have been awarded to 82 sites, including law enforcement agencies, prosecutors’ offices, victim-serving agencies, Attorneys General, and Governors’ offices throughout the nation. SAKI also covers the creation of rape kit tracking systems and inventories. Since 2015, grantees have inventoried more than 183,000 untested kits and sent 90,000 kits for testing, resulting in more than 15,700 CODIS hits, almost 8,200 to serial violent offenders and 2,200 to serial sex offenders. Joyful Heart is a Subject Matter Expert on the SAKI Training and Technical Assistance (TTA) team for grantee support.

Another crucial federal funding program is the Debbie Smith Act, which addresses DNA backlogs at crime labs including but not limited to rape kits. This legislation was first passed in 2004 as part of the Justice for All Act (P.L. 108-405). The current law authorizes up to $151 million in grants for states and localities for testing DNA evidence, training for lab personnel, and providing up-to-date and efficient lab equipment.

Another federal funding program is The Debbie Smith Act, which addresses DNA backlogs at crime labs and does not fund any downstream needs like SAKI does. This piece of legislation was first passed in 2004, as part of the Justice for All Act (P.L. 108-405). The current law authorizes up to $151 million in grants for states and localities for testing DNA evidence, training for lab personnel, and providing up to date and efficient lab equipment.

Raising Awareness: EndtheBacklog.org

To increase visibility and create a hub for information about the rape kit backlog, the Joyful Heart Foundation launched www.endthebacklog.org, which was the first—and is still the only— online repository dedicated to tracking rape kit reform at the city, state, and national levels. This resource also increased awareness about the sheer number of untested rape kits.

In 2022, Joyful Heart updated endthebacklog.org which makes the last decade of findings, documents, and data readily available to the public. The enhanced site makes engagement and advocacy more accessible than ever, provides an improved map of the country exhibiting the backlog status, state-specific tools, an expanded resource hub, and enhanced tracking of states’ implementation of the six pillars of reform. The site is responsive to our fast-paced policy data updates and interactive, allowing legislators, journalists, advocates, survivors, and the public to easily access information about the backlog. An unprecedented resource, endthebacklog.org provides information and tools that no other organization is currently providing and makes them accessible to everyone.

Where are we now?

It has now been six years since Joyful Heart has adopted the six pillar approach. Since the start of our campaign in 2016, 46 states passed rape kit reform laws. Overall, since the first law in 2002, 48 states and Washington, D.C. have passed 174 bills related to Joyful Heart’s six pillars of legislative reform. These laws expanded access to justice for more than 138,000 survivors every year and impacted more than 327 million Americans. Within this time period, 16 states and Washington, D.C. reached full legislative rape kit reform, meaning they enacted all six of Joyful Heart’s pillars: Connecticut, Hawaii, Idaho, Illinois, Kentucky, Maryland, Massachusetts, Michigan, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Virginia, and Washington. Over the last decade, legislative trends show great progress in the implementation of rape kit legislation reform. Not only are more states passing rape kit-related legislation, but there has also been an upward trend in terms of total rape kit reform bills passed per year.