Joyful Heart has made tremendous progress in ending the backlog and moving toward full rape kit reform nationwide. However, there is still much work to do. Besides continuing to improve the way kits are handled and processed, Joyful Heart has identified other reform priorities to pursue in the coming years. We outline these below.

Focusing on states that have achieved little to no reform

The field of rape kit reform has come a long way since Joyful Heart started advocating for and tracking progress in the issue space. However, while we have seen 16 states achieve all six pillars, there are 13 that have achieved two or fewer. In the coming years, we will focus on these “low pillar states” with the goal of making sure that each state has achieved at least three pillars. This will raise the overall level of rape kit reform nationwide and empower victims in states that have lagged behind on survivors rights.

Partially tested kits

Another priority for Joyful Heart in the coming years is addressing the issue of partially tested kits. In recent times, the rape kit testing technology has evolved dramatically. Many kits that were collected years ago were tested with old technology, at times yielding inconclusive results. Given the superior testing available now, it is in the interest of justice to retest kits tested with old technology, and see if today’s more advanced tools will bring more conclusive results.

Uncollected Offender DNA Samples

For the DNA database to work effectively, it must include samples from offenders who have committed crimes to potentially match with crime scene samples. State laws vary on which offenders must give samples from convicted murderers and rapists to those arrested for certain felony crimes in 25 states. DNA samples that an offender lawfully owes to the state but from whom a sample was never collected are part of the uncollected offender sample backlog. For example, in Cuyahoga County, 14,931 DNA samples were not collected from individuals who committed a qualifying offense. In Alaska, law enforcement agencies failed to collect DNA from more than 21,000 people arrested for a variety of crimes. Joyful Heart will support legislation to inventory these uncollected samples and work to ensure the collection of legally owed samples from the past and in the future.

Forensic Genetic Genealogy

The field of genetic genealogy began with the intention of helping people learn about their heritage and family histories. Direct-to-consumer (DTC) genetic testing companies, such as 23andMe and AncestryDNA, analyze customers’ DNA and compare it to others in their databases to identify ancestral information. They also use traditional genealogy techniques (visiting local libraries, examining birth and death records, oral history, etc.) to find family members. In recent years, law enforcement has been able to use these tools to identify unknown suspects, generate dozens of identifications in law enforcement cases, and help solve a number of cold cases. Joyful Heart will continue to monitor progress and raise awareness about this powerful tool.

Victim compensation

Today, every state gives victims the right to compensation. However, this right is sometimes inaccessible due to tight deadlines, requirements to report to and “cooperate” with law enforcement, long lag times between applying and receiving compensation, and unclear definitions of “good cause” exceptions, among other barriers to access.

The last federal victim compensation guidelines were developed in 2001. So much has changed in the field since then. We have a greater understanding of trauma and how it impacts survivors, why they delay reporting or don’t report at all, and that some survivors will choose a path that does not include the criminal justice system. Big steps need to be taken to make this program more trauma-informed and victim-centered.

In 2022, Joyful Heart was successful in getting the Fairness for Survivors of the Backlog Act enacted which requires states within three years to ensure that survivors whose kits were backlogged are not time barred from applying for compensation, no matter how much time has passed. In the coming years, Joyful Heart will build on this work and collaborate with the Office for Victims of Crime to update the federal guidelines. We will work with our partners at the national and state level to ensure policies and procedures are enhanced to remove barriers and pave the way for more survivors to access compensation.

Eliminating the statute of limitations for rape

Many states still currently have a statute of limitations for the crimes of rape and sexual assault. This means that after a given period since the crime has occurred, no more criminal charges can be brought up. Joyful Heart understands that it may take decades for survivors to come to terms with what happened to them, and it may take even more time for them to feel comfortable pressing charges. Most rapes are committed by a partner, family member, or acquaintance. This fact adds another layer of difficulty to reporting, and helps explain why it may take survivors years to do so. Additionally, as we know all too well, many times DNA evidence from a sexual assault is not tested and sits in evidence rooms for decades. Why should a crime associated with a kit tested 20 or 30 years later not be prosecuted? In order to make the criminal justice system work for survivors and produce just outcomes, a statute of limitations on rape and sexual assault should not exist. In the last few years, we have observed more states introducing bills to extend or eliminate the statute of limitations in sexual assault cases. Between 2020 and 2022, over 25 states have introduced more than 50 statute of limitations bills. More than 10 of these bills were enacted into law.