The Injustice of America鈥檚 Rape Kit Backlog
By: Molly Curington
Disclaimer: The views expressed in this post are those of the author, and do not necessarily reflect views of the Journal, the William H. Bowen School of Law, or 糖心Vlog传媒 Little Rock.
It is estimated that there are currently well over untested rape kits in America. To many people, that statement may not mean much, but to me, it screams one thing: injustice. The rape kit backlog in America is a complex issue. One that cannot be solved in a day, or a month鈥robably not even in a year, and whose solution will require a coordinated, nationwide effort. So, what is the rape kit backlog and how can we end it?
What is the rape kit backlog?
, or sexual assault kit, is a package of items used by medical professionals to collect physical evidence off of a survivor鈥檚 body and clothing following a sexual assault. The examination required to collect this evidence is an incredibly , highly invasive process that is often performed by a sexual assault nurse examiner. Once the evidence is collected, the kit should be sent to a crime lab for testing. The ultimate goal is for the crime lab to develop a DNA profile for the offender based on the evidence in the kit. This profile can then be entered into CODIS (the FBI鈥檚 national DNA database) and aid in the investigation and prosecution of sexual assault cases. However, all too often this process breaks down somewhere along the way and the evidence remains untested. This is where the backlog comes in. defines an as one that has not been sent to an accredited crime lab within 10 days of collection or as one that has not been tested by a crime lab within 30 days of receipt. And although these definitions speak in terms of days, we know of cases where kits have not been tested for 3, 5, or even . With every backlogged kit comes one survivor who cannot receive justice and one attacker who is not caught. It sends a message to survivors that what happened to them is not a priority, and it emboldens offenders to .
In 2011, the National Institute of Justice conducted in Detroit and Houston to explore the issue of unsubmitted rape kits in each city. The Detroit project鈥檚 results showed that 28 percent of the kits tested during the course of the project contained a DNA profile matching one that was already in CODIS. From this they were able to identify 127 serial assaults from the total 1,595 kits that were tested. That is 127 survivors whose assaults could have been prevented, and that number is just from one portion of one city鈥檚 untested kits.
How can we end the backlog?
There is no current federal law that mandates the tracking and testing of kits, so it is up to each state to assess their own backlogs and decide how to move forward. Many jurisdictions do not yet have systems in place to do that, making it virtually impossible to know the exact number of backlogged kits. However, based on the jurisdictions that have inventoried and reported their backlogs, it is clear that the number of untested kits is over 100,000. Although it is vital to know that these untested kits exist, the problem does not end there. The cost of testing a single rape kit averages , so many jurisdictions lack the resources to test their backlogged kits. However, as more becomes known about the rape kit backlog, more funds are being allocated to help eliminate it, so jurisdictions can apply for funding through federal grant programs like or .
The Joyful Heart Foundation is a leader in the efforts to eliminate America鈥檚 current backlog, and they have developed to help guide and unify reform efforts across jurisdictions. These pillars are: take inventory of current untested kits, mandate testing of backlogged kits, mandate testing of newly collected kits, establish a rape kit tracking system, grant survivors the right to be notified on the status of their kit, and appropriate funding for rape kit reform. So far have enacted comprehensive statewide reform that addresses all six pillars. Thirty states, including , have enacted limited statewide reform addressing some, but not all, of the six pillars. Three states currently have proposed statewide reform, and six states do not currently have any reform enacted or proposed. Widespread comprehensive reform requires lawmakers who care, but it also requires serious resources of people dedicated to solving cases and supporting survivors. And while testing rape kits is not all there is to solving sexual assault crimes, it is an which promotes public safety, helps bring offenders to justice, and demonstrates to survivors that they matter.