Delaware

Delaware has achieved four of the six pillars of rape kit reform. To achieve full reform, the state must establish a statewide rape kit tracking system and allocate funding for rape kits.

Reform Status
Some Reform
Testing Status
Complete
Untested Kits
Now 0*
Then 1033**
* According to a report by the Delaware State Auditor there were 0 untested kits in Delaware in 2022.
** According to a report by the Delaware Criminal Justice Council there were 1033 untested kits in Delaware in 2016.

Pillar Count

4/6 Pillars
Delaware has achieved four of the six pillars of rape kit reform. To achieve full reform, the state must establish a statewide rape kit tracking system and allocate funding for rape kit reform.
Statewide Inventory

Yes, the state carried out a one-time inventory.

  • Is the inventory recurring? No
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? Yes
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

Yes, the state has eliminated its backlog.

Delaware has eliminated its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? Not specified
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 90 Days
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Yes
Implement Tracking System

No, the state does not have a tracking system.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? n/a
  • Does the law state that the tracking system should track if kit a has been destroyed? n/a
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? n/a
  • Does the law state that the tracking system should have a victim portal? n/a
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? n/a
  • Does the law state that all previously untested kits should be entered into the system? n/a
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? Yes
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? Yes
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? No
  • Do victims have the right to receive a physical document identifying their rights under law? No
Fund Reform

No, the state has not allocated any of its own funds towards reform.

n/a

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State Reform Timeline

2025
Bill: Enacted
SB139 enacted in Delaware

In 2025, Delaware enacted SB139, which requires all kits to be submitted within 30 days and tested within 90 days. The law also gives survivors the right to know the status and location of their kits, requires kits to be retained for 20 years, and mandates at least 20 days’ notice before any destruction.

2024
Bill: Failed
SB17 failed in Delaware

In 2024, legislators in Delaware introduced SB17. This bill would grant survivors the right to know the status and location of their rape kits. This bill failed to pass. Read our letter of support here.

2023
Report
358 kits entered into CODIS

According to a report by Delaware’s Criminal Justice Council, 358 kits have been entered into the Combined DNA Index System (CODIS) as of November 2023. Of these, 162 identified a subject. 117 hits confirmed a known/named subject. To date, there have been 11 SAKI-related arrests, 3 of whom were serial offenders, and 28 cleared cases.

2022
Other
New kit testing policy in Delaware

In 2022, the Attorney General issued a new sexual assault kit testing policy that mandates handling and testing timelines. This policy also gives victims the right to obtain information about the status and location of their kit.

Inventory
Delaware clears backlog

According to a report by the Delaware State Auditor there were 0 untested kits in Delaware in 2022.

2019
Inventory
Inventory progressed in Delaware

After 2015, the state carried out another inventory of all kits collected between April 30, 2015 and December 31, 2018. This new audit resulted in another 317 untested kits. All of these 317 rape kits were submitted to Bode Labs. As of November 2019, 206 had been tested. Of these kits, 98 tested positive for foreign DNA and 33 were entered into CODIS. The remaining 111 were scheduled to be completed by December 31, 2019. To date, three arrests have been made.

2018
Funding
$1 million awarded in Delaware

In 2018, BJA awarded the Delaware Governor’s Office an additional $1 million to sustain its work on rape kit reform.

2015
Inventory
1,033 kits found in Delaware

In 2015, through the bill SJR1, the State of Delaware carried out an audit of rape kits in their state. The result was a rough inventory of 1,033 kits. After careful analysis of the kits in this inventory, it was determined that the real number was 911 kits. Of these, 821 were eligible for testing and were sent to be analyzed. Of those kits, 397 tested positive for foreign DNA and 238 were entered into the Combined DNA Index System (CODIS).

Funding
$1,168,662 awarded in Delaware

In 2015, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded $1,168,662 to the Delaware Governor’s Office to test kits, investigate and prosecute cases, and re-engage survivors.

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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More from Delaware

2023 End The Backlog Legislative Update
As the state legislative sessions are ending or paused for a summer break, we look back at our achievements this year. 29 states and Puerto Rico introduced 50 bills related to our six pillars of comprehensive sexual assault kit reform. Out of these, 12 states passed 15 laws. This year, Mississippi enacted its first ever […]
Rape Kit Reform in 2022
In the 2022 session, we rebuilt our website endthebacklog.org, wrote an academic book chapter and “The State of the Backlog” report, while successfully advocating for rape kit reform across the country. “The State of the Backlog” report provides a birds-eye view of rape kit reform field, focusing on what we have started, where we have […]