The Problem

What we know and how

Calculating the full backlog of untested rape kits is challenging. Numerous states and local jurisdictions have never carried out a comprehensive count of untested rape kits in possession of law enforcement agencies, hospitals, or labs. Additionally, the backlog is not a static number. Many jurisdictions are currently working through testing their backlog and thus reducing the total number of untested kits. On the other hand, as law enforcement professionals are coming to better understand the value of DNA and DNA technology they are collecting and sending more samples to crime labs, which then increases caseloads. In some localities, labs are not able to keep up with turnaround times and the number of untested kits in the lab queue is increasing.

While an exact national count is difficult to track, one study estimated that between 2014 and 2018, there were 300,000 to 400,000 unsubmitted rape kits nationwide (Strom et. al, 2021). By counting the known number of kits reported by states who have carried out at least a one-time inventory between the years 2013 and 2019, Joyful Heart has estimated that the total number of backlogged kits in these years was around 200,000 kits nationwide. At the time of this report, with data reported by states and media, we know there are more than 71,200 untested kits remaining in 42 states. We do not have complete inventories in states such as California, Mississippi, and South Carolina, so this is a rough estimation that represents the minimum amount of backlogged kits. In reality, the backlog is likely more than double this number.