2020 FOIA Request
Why did we send the FOIA?
In 2020, California Attorney General Xavier Becerra released a report, announcing at least 13,929 untested kits in the state. Pursuant to AB 3118, the Department of Justice is mandated to collect information from all law enforcement agencies (LEAs), “medical facilities, crime laboratories, and any other facility that maintains, stores, or preserves sexual assault kits.” However, only 149 LEAs and crime labs out of 708 submitted data, and we still do not know the extent of the backlog in California. To shed light on the true extent of the backlog in California, through The Accountability Project, Joyful Heart has issued public records requests to police departments in the 21 largest cities in California that have not participated in the inventory.
What did we discover?
The Visalia Police Department provided data from 1985-2021 of which was more consistent after 1996. The PD collected 743 kits, of which 300 were sent to the lab for testing, 235 were not sent to the lab, and 279 were destroyed. Untested kits were collected between 1997-2018. The PD provided reasons for not testing for each kit, including “kit from other jurisdiction”, “suspect known”, and “victim declined prosecution”. Some of the destroyed kits were tested, while for some, there is no record of testing. All the destroyed kits were older than one-year when destroyed.
More Accountability Targets in California
Bakersfield, CAConcord, CACorona, CAFremont, CAFresno, CAFullerton, CAGarden Grove, CAGlendale, CAHayward, CALong Beach, CAOrange, CAOxnard, CAPasadena, CAPomona, CARedding, CASacramento, CASalinas, CASan Bernardino, CASan Diego, CASan Jose, CASanta Barbara, CASanta Cruz, CASanta Monica, CASanta Rosa, CAShasta County, CASimi Valley, CAStockton, CATorrance, CAVallejo, CA
Why Accountability?
Right now, we do not know the full extent of the national rape kit backlog because few states require law enforcement agencies to count, track, or test rape kits. The Accountability Project aims to bring greater transparency and accountability to rape kit testing practices across the country.