Pillar: Test New Kits

When jurisdictions test every rape kit connected to a reported crime, they solve cases, bring answers and a path to justice for survivors, take dangerous criminals off the streets, and exonerate the wrongly convicted. Swift testing shows survivors that law enforcement takes their case seriously and criminal justice professionals are doing what they can to bring them justice.

Testing rape kits not only makes communities safer, it can also save millions of dollars.

Mandating the swift testing of every sexual assault kit sends a powerful message to survivors that they—and their cases—matter. It sends a message to perpetrators that they will be held accountable for their crimes. It is also the pathway to a more effective criminal justice system and safer communities across the country.

All rape kits connected to a reported crime and submitted to police should be tested regardless of how long it has been since the sexual assault or if the statute of limitations has passed. Anonymous or unreported kits collected in cases in which the survivor has chosen to have DNA evidence collected but not report the assault to law enforcement should not be tested until the survivor consents.

The following states and Washington, D.C. have achieved this pillar, which must be enacted into law to be effective:

AlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisKansasKentuckyMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNevadaNew MexicoNew YorkNorth CarolinaOhioOklahomaOregonPennsylvaniaRhode IslandSouth DakotaTennesseeTexasUtahVirginiaWashingtonWashington, D.C.West VirginiaWisconsin

Joyful Heart works with state legislators to enact comprehensive rape kit legislation based on six pillars of reform. We have created model legislation, offering a survivor-centered, trauma-informed approach to rape kit reform at the state level. Click here to learn more.