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Sexual Assault Kits (SAKs) and the Backlog of
February 7, 2022
Untested Sexual Assault Evidence: In Brief
Emily J. Hanson
Sexual assault kits (SAKs, also referred to as "rape kits") are used by medical
Analyst in Social Policy
professionals to collect evidence during a forensic medical exam of a sexual assault victim in order to establish elements of a crime
victim. Generally, upon completion of the medical exam and with the victim’s consent, the kit is transferred to an authorized law enforcement agency that logs the kitit into evidence.
Procedure and protocol regarding when and where kits are sent, however, vary across jurisdictions. Some law enforcement agencies automatically send the kits to forensic laboratories for testing , while others wait for varying reasons and amounts of time; in. In some cases depending on when/if a police officer or prosecutor requests, this decision depends on when a request is made for a forensic analysis of the kitsa kit. Evidence from these kits may help identify, convict, or exonerate an offender. Evidence may also be stored in DNA or convict an alleged offender as well as exonerate those who were wrongly convicted of sexual assaults. DNA evidence collected during a forensic medical exam may also be stored in databases for use in other cases. The backlog of untested SAKs has raised concerns that these cases are not being fully investigated and that evidence in untested kits could have been used to prevent other victimizations.
databases for use in other cases.
When people refer to a "an SAK or rape kit backlog," they are referring to the quantity of untested kits that either reside withare either in law enforcement possession having never been submitted to a laboratory for testing, or referring to untested kits that have been submitted to crime labs but have gone untested. However, the precise definition of backlog varies across jurisdictions; for example, in some cases a kit is considered backlogged if it is submitted to a crime lab and remains untested for more than 30 days. Althoughsubmitted to crime labs but are delayed for testing for longer than 30 days. Some research organizations state that the problem more typically resides with those kits that were submitted to a crime laboratory but remain untested; however, the definition of backlog appears to vary across jurisdictions. While the status and location of the kits vary, the binding element of theany definition of backlogged kits is that they have never been tested.
The backlog of SAKs has raised concerns over justice for assault victims and that evidence in untested kits could be used to prevent suspects from victimizing others.
SAKs may remain untested for reasons such as limited resources of laboratories andin crime laboratories, as well as law enforcement and police discretion. PoliceLaw enforcement may opt not to pursue a forensic investigation for a variety of reasons including, including the perception of victim cooperation or a decision that the results of testing the kit would not be pertinent to the overall investigation.
There are several federal grants to address SAK availability, analysis, and the SAK backlog. These grants include the Sexual Assault Forensic Exam Program, the Sexual Assault Kit Initiative (SAKI), and the Debbie Smith DNA Backlog Grant Program, as well as several grants authorized in the Violence Against Women Act (VAWA).
Congress may consider exploring and assessing various aspects of the SAK backlog and debating the appropriate federal response. For example, Congress could consider designing measures to prevent future backlogs through conditioning grants to states and local entities. Congress could also consider addressing issues such as the shortage of Sexual Assault Nurse Examiners (SANE) in rural areas, as these medical professionals are specially trained to collect SAKs and care for assault victims, or consider the desired level of federal support for other programs concerning the needs of sexual assault victims during the evidence collection process (e.g., grants to address language barriers).
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Contents
Forensic Medical Examinations ...................................................................................................... 1
Informed Consent for Exam and Evidence Collection .............................................................. 3 Procedure Following Forensic Medical Exam .......................................................................... 4
The SAK Backlog ........................................................................................................................... 5
Why test the backlog? ............................................................................................................... 5 How many backlogged kits are there? ...................................................................................... 6 Why do some kits remain untested? .......................................................................................... 7
Limited Resources .............................................................................................................. 7 Police Discretion ................................................................................................................. 8
Considerations for a National Strategy to Address SAK Backlogs ........................................... 8
Federal Grants to Reduce SAK Backlogs ....................................................................................... 9
Debbie Smith DNA Backlog Grant Program ............................................................................ 9 Sexual Assault Forensic Exam Program ................................................................................. 10 Sexual Assault Kit Initiative (SAKI) ........................................................................................ 11 Violence Against Women Act (VAWA) .................................................................................... 11
Going Forward .............................................................................................................................. 12
Contacts Author Information ........................................................................................................................ 13
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olicymakers have shown an interest in addressing the backlog of sexual assault kits (SAKs, also called rape kits) pertinent to the overall investigation.
In recent years, the federal government has addressed the SAK backlog by providing financial support, conducting or funding research to address the backlog, and testing a limited number of SAKs from local law enforcement agencies that had not been submitted previously.
Congress has passed legislation that addresses aspects of the SAK backlog. In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA 2013; P.L. 113-4) which, among other things, included new provisions to address the backlog in the states. VAWA 2013 incorporated the Sexual Assault Forensic Evidence Reporting Act of 2013 (SAFER Act). The SAFER Act added two new purposes for which authorizing legislation for the Debbie Smith DNA Backlog Grant Program funds can be used: (1) to conduct an audit of the samples of sexual assault evidence in the possession of a state or unit of local government that are awaiting testing and (2) to ensure that the collection and processing of DNA evidence by law enforcement is carried out in a timely manner and in accordance with the protocols and practices the Federal Bureau of Investigation (FBI) is required to develop under the act.
Congress may wish to assess the SAK backlog and debate if the federal response should be changed as the issue evolves and agencies, including the National Institute of Justice (NIJ), capture the breadth of the problem. For example, Congress may design preventative measures in attempting to prevent future backlogs. This may be done through grants to states and local entities by funding preventative measures and/or conditioning grants on the requirement that states and local governments establish a set time in which SAKs must be tested. Congress may also wish to request research on the impact of the backlog reduction and determine how efforts to address the issue have affected crime victims.
Over the past few years policymakers have shown an interest in addressing the backlog of testing of sexual assault kits (SAKs, also referred to as "rape kits") in many jurisdictions across the United States.1across the United States.1 The backlog of SAKs has raised concerns over justice for assault victims and that additional victimizations could have been prevented had the evidence from any given kit been tested and the perpetrator apprehended in a timely manner.2results from SAKs that are
P either unsubmitted2 to a crime laboratory or untested3 following submission.4 Advocates
and policymakers have raised concern over the backlog, particularly as it relates to the rights of sexual assault victims and the uncovering of evidence that could be used to identify a perpetrator or prevent subsequent sexual assaults.5 For example, a review of recent research concerning the use of sexual assault kits indicated that 25%-50% of tested SAKs generated Combined DNA Index System (CODIS)-eligible DNA profiles6 and 50%-60% of those profiles resulted in a hit (i.e., revealed the DNA identification of the suspect).7 This report provides background on forensic medical exams, This report provides background on the SAK backlog, and and information on federal efforts to reduce it.
SAKs include tools used by a nurse examiner4 or another trained professional to collect evidence during a forensic medical exam of a sexual assault victim.5 Many jurisdictions create their own sexual assault evidence collection kits while others purchase them from commercial vendors. As such, the content of a kit can vary across jurisdictions.6 In general, sexual assault evidence collection kits include (1) instructions; (2) bags, sheets, and envelopes for evidence collection; (3) swabs for collecting fluids or secretions that could contain a perpetrator's DNA (deoxyribonucleic acid); (4) a comb for collecting hair samples; (5) blood collection devices; and (6) documentation forms.7
A forensic medical exam involves collecting a complete medical history from the victim and completing a full-body physical examination.8 Thisfederal efforts to reduce it.
Role of Federal Government in Forensic Data Collection
The Federal Bureau of Investigation (FBI) operates and maintains CODIS, a national DNA database where federal, state, and local laboratories upload and compare DNA profiles to generate leads in criminal investigations.8
Forensic Medical Examinations A forensic medical examination, sometimes called Sexual Assault Forensic Examination (SAFE), is a medical examination provided to a sexual assault victim by a medical professional, often a Forensic Nurse Examiner/Sexual Assault Nurse Examiner (SANE).9
Sexual Assault Nurse Examiners (SANE)
A SANE is a registered nurse with additional training in providing care for victims of sexual assault as well as col ecting forensic evidence.10 They may also receive additional training in pediatric care and exams.11 A SANE,
1 The terms untested kit or unsubmitted kit refer only to the evidence collected from a victim using an SAK during a forensic exam. Non-DNA related components of a forensic exam are not included in this term.
2 Unsubmitted is used to refer to SAKs that are in police custody but not sent to a crime laboratory for forensic testing.
U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ), Sexual Assault Kits: Using Science to Find Solutions, https://www.nij.gov/unsubmitted-kits/ (hereinafter, “Sexual Assault Kits: Using Science to Find Solutions”).
3 Sexual Assault Kits: Using Science to Find Solutions. In some jurisdictions, this is defined as untested for at least 30 days.
4 Sexual Assault Kits: Using Science to Find Solutions. 5 Joyful Heart Foundation, Endthebacklog: Why Testing Every Kit Matters, http://endthebacklog.org/. 6 In other words, profiles that meet FBI standards for inclusion in CODIS. For more information, see CRS Report R41800, The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants.
7 Gillian M. Pinchevsky, “Criminal Justice Considerations for Unsubmitted and Untested Sexual Assault Kits: A Review of the Literature and Suggestions for Moving Forward,” Criminal Justice Policy Review, vol. 29, no. 9 (2018). 8 See CRS Report R41800, The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants.
9 DOJ, Office on Violence Against Women (OVW), A National Protocol for Sexual Assault Medical Forensic Examinations, NCJ 228119, April 2013 (hereinafter “A National Protocol for Sexual Assault Medical Forensic Examinations”). Also defined for grant purposes in 28 C.F.R. §90.2.
10 Office for Victims of Crime (OVC), What is a SANE?, https://www.ovcttac.gov/saneguide/introduction/what-is-a-sane/ (hereinafter “What is a SANE?”). There are individuals who have different medical training (e.g., physicians) or work in specific medical settings (e.g., military) that are given a different title but provide a similar service such as Sexual Assault Forensic Examiners, Sexual Assault Examiners, or Sexual Assault Medical Forensic Examiners.
11 OVC, History and Development of SANE programs, https://www.ovcttac.gov/saneguide/introduction/history-and-
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“ultimately provides culturally sensitive, developmentally appropriate, trauma-informed, and patient-specific evaluation and treatment.”12 A SANE may testify in a criminal or civil trial as either a fact or expert witness.
A forensic medical exam involves collecting a complete medical history from the victim, a full-body physical examination, documentation of biological and/or physical findings, and evidence collection.13 The exam may include collecting blood, urine, hair, and other body secretion samples; photo documentation of any injuries sustained during the assault; collecting the victim's ’s clothing, especially undergarments; and securing any possible physical evidence that may have transferred onto the victim from the crime scene.9
Upon completion of forensic medical exams, kits are transferred to law enforcement, who log the kits into evidence. Procedure and protocol regarding when and where kits are sent, however, vary across jurisdictions. Some law enforcement agencies automatically send the kits to forensic laboratories10 for testing while others wait for varying amounts of time, in some cases depending on when/if a police officer or prosecutor requests forensic analysis. Laboratories also vary on how items are screened, which items are tested, and the length of time taken to complete testing.11 In a 2007 study of crime laboratories in the United States, over 75% of laboratories reported that DNA analysis requests were completed within four months or less while the other 25% required more than four months to complete the analysis. Twenty laboratories reported that more than nine months were needed.12
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Role of Federal Government in Forensic Data Collection The Federal Bureau of Investigation (FBI) operates and maintains a national DNA database where DNA profiles can be compared to generate leads in criminal investigations. Federal, state, and local laboratories upload and compare DNA profiles using the Combined DNA Index System (CODIS) software produced and distributed by the FBI.13 |
Evidence obtained through a rape kit can be used for several criminal justice purposes. It14 Non-forensic medical care may also be provided including treatment for injuries, sexually transmitted infections (STI) screening and treatment, pregnancy testing, emergency contraception, and mental health services. Additional medical staff should be admitted only with patient permission when possible.15 Patients may have a friend, family member, or other support people present.16 In some cases, victim advocates and translators may be present before, during, or after an exam.17
In most cases, information and evidence collected during an exam cannot be released to law enforcement without the victim’s permission.18 As such, it is recommended that law enforcement not be present during an exam in order to ensure that the decision to report to law enforcement is clearly separate from the choice to receive medical care and that a victim can, “speak confidentially with treating healthcare professionals.”19
The Survivors' Bill of Rights and the Cost of Forensic Medical Exams
The Survivor's Bil of Rights20 (P.L. 114-236), among other things, amended the federal criminal code to establish statutory rights for survivors of sexual assault. These include the right to “(1) not be prevented from receiving a forensic medical examination and not be charged for an examination; (2) have a sexual assault evidence col ection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of these rights and policies.” In order to receive Office on Violence Against Women STOP [Services, Training, Officers, Prosecutors] formula grant funds, states and territories must certify that forensic medical exams are provided with no out-of-pocket cost to the victim regardless of whether the assault is reported to law enforcement.21 However, medical services for injuries sustained in an assault but not related to evidence gathering are not required to be provided at no
development-of-sane-programs/ (hereinafter, “History and Development of SANE programs”).
12 What is a SANE?. 13 28 C.F.R. §90.2. 14 DOJ, OJP. National Sexual Assault Kit Initiative (SAKI), Medical History and Law Enforcement Interviews: Separate and Collaborative, September 2018, https://www.ojp.gov/library/publications/medical-history-and-law-enforcement-interviews-separate-and-collaborative, p. 1; A National Protocol for Sexual Assault Medical Forensic Examinations.
15 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 41. 16 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 29. 17 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 39. 18A National Protocol for Sexual Assault Medical Forensic Examinations, p. 43. Note that there are some specific populations that cannot legally provide consent (e.g., minors or individuals with cognitive impairments).
19 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 41. 20 A similar bill, the Sexual Assault Survivor's Rights Act, was introduced in the House and Senate during 114th Congress (H.R. 5571/S. 2566).
21 A National Protocol for Sexual Assault Medical Forensic Examinations, pp. 55-56
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cost. Victims may be eligible for other federal or state financial assistance to help cover related medical expenses.22
During the exam, potential DNA evidence is collected using an SAK.23 The contents of a kit can vary across jurisdictions since some create their own kits and others purchase them from commercial vendors.24 In general, SAKs include (1) a kit container; (2) instructions; (3) bags, sheets, and envelopes for evidence collection (e.g., clothing and other materials); (4) swabs (i.e., vaginal/cervical, penile, anal/perianal, oral, body, and buccal swabs) for collecting fluids or secretions that could contain a perpetrator’s DNA; (5) a comb for collecting hair samples; (6) blood collection devices; and (7) documentation forms.25 Evidence obtained with an SAK can be used for several purposes, for example, it may be used to establish elements of a crime including the time at which an allegedthe attack occurred. It can establish a DNA DNA evidence collected during the forensic exam can also establish a link between two individuals, and this link may help identify, convict, or exonerate an offender in court. Evidence may also be stored in DNA databases or convict an alleged offender as well as exonerate those who were wrongly convicted of sexual assaults. DNA profiles developed from biological evidence may also be stored in a DNA database for use in other cases.26
Informed Consent for Exam and Evidence Collection A victim must provide informed consent separately for both medical treatment (e.g., medical care, pregnancy testing, STI testing) and evidence collection (e.g., SAK, toxicology screening). 27 Informed consent means a patient must be advised, in a language and at a level they understand, about the details of each procedure including possible side effects as well as any limits on confidentiality prior to providing written or verbal consent for medical and forensic procedures without coercion or judgment.28 A patient must be aware that they can decline any or all parts of these procedures, and they must also be advised about the effect that declining various procedures may have for their medical care and for a criminal investigation and prosecution if they report the assault.29
Outside of cases that fall under mandatory reporting laws (e.g., minors), consenting to a forensic medical exam or SAK does not equate to consenting to medical professionals sharing this information with law enforcement or the victim agreeing to report the assault to police.30 The exam and SAK preserve forensic evidence should the victim choose to report the assault. In cases when a victim cannot provide consent (e.g., minors or cognitively impaired individuals), typically
22 For more information see CRS Report R42672, The Crime Victims Fund: Federal Support for Victims of Crime. 23 Rape, Abuse and Incest National Network (RAINN), What Is a Sexual Assault Forensic Exam?. https://www.rainn.org/articles/rape-kit (hereinafter, “What is a Sexual Assault Forensic Exam”).
24 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 7. 25 International Association of Forensic Nurses, Sexual Assault Evidence Collection Kit, https://www.safeta.org/page/OperationalKits.
26 For more information on DNA databases, see CRS Report R41800, The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants.
27A National Protocol for Sexual Assault Medical Forensic Examinations, p. 43. Note that there are some specific populations that cannot legally provide consent (e.g., minors or individuals with cognitive impairments).
28 A National Protocol for Sexual Assault Medical Forensic Examinations p. 43. 29 A National Protocol for Sexual Assault Medical Forensic Examinations, p. 43.For example, declining an examination may be used by defense attorneys to discredit a victim.
30 What is a Sexual Assault Forensic Exam.
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state and local laws govern from whom and how consent may be obtained.31 For instance, in some jurisdictions, a victim who is a minor, may be able to consent to (or decline) an exam without a parent or guardian but the results may not be kept confidential from the parent/guardian.32 There are often exceptions that allow law enforcement, a judge, or children’s services representative to provide consent when the parent/guardian is the suspected offender or their location is unknown.33
Procedure Following Forensic Medical Exam Upon completion of a forensic medical exam and if consent is given by the victim (or their guardian or representative), SAKs are transferred to law enforcement, who log the kits into evidence.34 Procedures and protocols regarding when and where kits are sent, however, vary across jurisdictions. Some law enforcement agencies automatically send the kits to forensic laboratories for testing while others remain in police custody for varying amounts of time before being sent to a forensic laboratory, in some cases depending on whether law enforcement or a prosecutor requests forensic analysis.
Laboratories vary on how items are screened, which items are tested, and the length of time taken to complete testing.35 There are very little data to indicate the average turnaround time (TAT) for forensic DNA testing in crime labs across the United States. Perhaps the most comprehensive study was conducted 15 years ago, and found that in 2007 nearly three-quarters of surveyed crime laboratories in the United States reported that DNA analysis requests were completed within four months. The remaining laboratories required more than six to nine months to complete DNA analysis.36 It is unknown whether these data from 15 years ago remain representative of the average TAT. Some states release reports on TAT; for example, the Wisconsin Division of Forensic Sciences found the average TAT for DNA analysis in state crime labs decreased from an average of 97 days in 2019 to 94 days in 2020.37 While state level-data may not be representative of the average TAT nationally, what data are available seem to indicate that TAT varies widely.38 The average TAT for biological testing in Maryland was 124 days in 202039, the average TAT for DNA analysis in Delaware was 27.1 days in 2020 (34.7 in 2019)40, and in Montana the average TAT for DNA testing related to crimes against a person was about 275 days (about 225 in 2019).41 31 A National Protocol for Sexual Assault Medical Forensic Examinations, pp. 44-45. 32 A National Protocol for Sexual Assault Medical Forensic Examinations, pp. 44-45. 33 A National Protocol for Sexual Assault Medical Forensic Examinations, pp. 44-45. 34 Jane Doe Kits, or those resulting from cases in which the victim has decided not to pursue criminal charges, are typically labeled with an anonymous tracking number that may be shared with the victim should they change their mind. The policies about how these kits are stored are determined by the state.
35 Sexual Assault Kits: Using Science to Find Solutions; Lisa Hurst and Kevin Lothridge, 2007 DNA Evidence and Offender Analysis Measurement: DNA Backlogs, Capacity and Funding, NIJ, June 2010, https://www.ncjrs.gov/pdffiles1/nij/grants/230328.pdf (hereinafter, “2007 DNA Evidence and Offender Analysis Measurement”).
36 2007 DNA Evidence and Offender Analysis Measurement, p. 8. 37 Wisconsin Department of Justice, Division of Forensic Sciences, Annual Report 2020, https://www.doj.state.wi.us/sites/default/files/news-media/4.15.21_Annual_Report.pdf, p. 9.
38 The state level data presented here are not comprehensive. The states included are those for which data was located, and are presented merely to indicate the potential range of TATs across states.
39 Maryland State Police, Forensic Science Division, Annual Report 2020, https://mdsp.maryland.gov/Organization/Documents/FSD%20Annual%20Report%202020.pdf, p. 9.
40 Delaware Division of Forensic Sciences, 2020 Annual Report, https://forensics.delaware.gov/resources/contentFolder/pdfs/2020%20DFS%20Annual%20Report.pdf, p. 38
41 Montana Department of Justice, Forensic Science Division, Annual Report 2020, https://media.dojmt.gov/wp-
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In many cases these reports stated that TATs were significantly affected by the COVID-19 pandemic, so these data also may not generalize to non-pandemic conditions.
The SAK Backlog The SAK, or rape kit, backlog refers to untested kits that are either in the possession of law enforcement and never submitted to a laboratory for testing or were submitted to a crime lab but remained untested for more than 30 days.42 Research suggests the latter case of SAKs untested at a lab is more common.43 The definition used for a backlog can vary across jurisdictions, for example by the number of days required or submission status (i.e., whether the kit is in the lab awaiting a test or unsubmitted to a lab). The binding element across these definitions is that regardless of location or specific days counted, the kits remain untested.
Why test the backlog? Research has demonstrated that testing backlogged SAKs can lead to CODIS hits and subsequent convictions. For example, a study of 3,422 untested kits in Michigan yielded 585 CODIS hits (17%) after testing.44 Another study of 491 untested kits in the possession of the Houston Police Department yielded 104 CODIS hits (21%) after testing, and 16 of the hits led to an arrest (15%).45 A study of 600 untested kits in Denver, Colorado resulted in 97 CODIS hits. Among those 97 hits, in 55 (57%) cases a suspected perpetrator was arrested, and 92% of those arrested were eventually convicted.46 However, the rate of arrests and convictions stemming from untested SAKs varies widely. A study of untested SAKs in Texas that compared rates from 9 other studies published between 2010 and 2019 found that in these jurisdictions, of the kits that returned a CODIS hit, between 0 and 57% led to an arrest and between 0 and 30% led to a conviction.47
Testing the backlog may also help address wrongful convictions. An NIJ-funded study by the Urban Institute on wrongful convictions found that among 231 cases with a sexual assault component that had evidence sufficient for post-conviction DNA testing, 12.6% “yielded exculpatory DNA evidence that would be supportive of the convicted suspect’s exoneration.”48
content/uploads/2020-FSD-Annual-Report.pdf., p. 29.
42 Sexual Assault Kits: Using Science to Find Solutions. 43 Sexual Assault Kits: Using Science to Find Solutions. 44 Rebecca Campbell et al., “A State Census of Unsubmitted Sexual Assault Kits: Comparing Forensic DNA Testing Outcomes by Geographic and Population Density Characteristic,” Journal of Forensic Science, vol. 64, no. 6 (2020).
45 William Wells, Ashley K. Fansher, and Bradley A. Campbell, “The Results of CODIS-Hit Investigations in a Sample of Cases With Unsubmitted Sexual Assault Kits,” Crime & Delinquency, vol. 65, no. 1 (2017).
46 Robert Davis and William Wells, “DNA testing in sexual assault cases: When do the benefits outweigh the costs?,” Forensic Science International, vol. 299 (2018).
47 Robert C. Davis et al., “Investigative Outcomes of CODIS Matches in Previously Untested Sexual Assault Kits,” Criminal Justice Policy Review, vol. 32, no. 8 (2021). Note that one of the nine studies included in this article was the Davis and Wells article cited in footnote 46.
48 Kelly Walsh et al., “Estimating the Prevalence of Wrongful Convictions,” The Urban Institute, May 2017, https://www.ojp.gov/ncjrs/virtual-library/abstracts/estimating-prevalence-wrongful-convictions, p. 10.
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How many backlogged kits are there? In 2016, NIJ reported that the number of unanalyzed SAKs nationwide is unknown.49 There are many reasons for this, though a primary factor is that there is no national system for collecting and tracking SAKs in law enforcement or crime lab possession.50 In many jurisdictions, tracking and counting SAKs is an antiquated processcases. Forensic testing of SAK evidence can take several days.
In some cases, rape kits remain in police custody and are not submitted to a laboratory for testing. In others, kits may be submitted to the laboratory but remain untested. The latter is generally referred to as a "backlog."
When people refer to a "rape kit backlog," they are referring either to untested kits that reside with law enforcement having never been submitted to a laboratory for testing, or to untested kits that have been submitted to crime labs but are delayed for testing for longer than 30 days. Some research organizations state that the problem more typically resides with those kits that were submitted to a crime laboratory but remain untested;14 however, the definition of backlog appears to vary across jurisdictions. For example, in a study of the Detroit rape kit backlog, over 75% of the 11,219 backlogged kits had never been submitted to a laboratory for testing (see "Detroit Project").15 While the status and location of the kits vary, the binding element of the backlogged kits is that they have never been tested.
Rape kits remain untested for several reasons including limited resources of laboratories and law enforcement as well as police discretion. In some cases involving older rape kits, the statute of limitations may have expired.
Some forensic laboratories face backlogs not only for SAKs but also other types of DNA evidence collected at crime scenes such as hair and blood samples. As demand for DNA testing rises with increasing awareness of its potential to help solve cases, so does the increase in demand for resources from both law enforcement and laboratories.16 Law enforcement agencies and laboratories have a shortage of resources to manage backlogs of rape kits,17 and this may be magnified during times of increased fiscal austerity.
There is no standard cost to test a rape kit, as this seems to vary from jurisdiction to jurisdiction. The Joyful Heart Foundation, an organization that advocates for the elimination of SAK backlogs, reports that it costs between $1,000 and $1,500 to test a rape kit.18 The National Center for Victims of Crime reports that it costs between $400 and $1,500 to test a kit.19
Police may opt not to pursue a forensic investigation due to a variety of reasons including perception of victim cooperation or consideration that the results of the kit would not be pertinent to the overall investigation.20 Not all evidence collected in an alleged sexual assault has probative value. If consent is an issue in a particular case (the suspect admits sexual contact but contends it was consensual), detectives may consider that the SAK does not add any essential information to the investigation. Also, evidence may not be sent to a lab for analysis if charges against the alleged perpetrator have been dropped or the suspect has pled guilty.21 Some law enforcement agencies might not submit SAKs to crime laboratories because the identity of the perpetrator was not in question from the beginning of the investigation, detectives identified the suspect through other evidence not included in the kit, or the victim chose not to proceed with the case.22
SAKs might not be submitted to a lab because police may not understand the potential value of testing SAKs. In 2009, the National Institute of Justice (NIJ) reported that 44% of law enforcement agencies did not submit SAKs for testing because a suspect had not been identified, and 15% did not submit SAKs because analysis had not been requested by a prosecutor.23
In addition, procedures for analyzing the evidence collected using SAKs can vary from jurisdiction to jurisdiction. In some jurisdictions, all sexual assault evidence collection kits are forwarded to a crime laboratory for analysis.24 In other jurisdictions, it may be months or even years before the kit is tested, if at all.25 Some law enforcement agencies might have a problem working through their backlog of old kits because crime laboratories are operating at full capacity analyzing DNA evidence collected from current cases.26
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State Efforts to Address SAK Backlogs The National Conference of State Legislatures reports that California, Colorado, Connecticut, Hawaii, Illinois, Maine, Michigan, and Texas have passed legislation that addresses issues related to untested SAKs. The laws "require state laboratories and law enforcement agencies to catalogue and/or submit for analysis any untested [SAKs] currently in their possession and/or charge a state entity or commission with preventing or mitigating future backlogs. The laws also set timelines for the submission and analysis of future collected [SAKs] and improve communication between victims and the state officials handling their case."27 |
According to NIJ, "it is unknown how many unanalyzed [SAKs] there are nationwide." NIJ notes that while there are many reasons for why there are no data on the number of untested SAKs in law enforcement's possession, one contributing factor is that there is no national system for collecting these data. Also, tracking and counting SAKs is an antiquated process in many jurisdictions (often done in non-electronic formats), and the availability of computerized evidence-tracking systems has long been an issue.51
In the absence of more precise data, many researchers and advocacy organizations have attempted to estimate the size of the backlog. A study published in 2021 used data collected from 911 counties in 15 states to generate a national estimate of 300,000 to 400,000 unsubmitted SAKs between 2014 and 2018.52 A 2018 NIJ-funded study estimated that 200,000 untested kits remain in the custody of police departments.53 The Joyful Heart Foundation, a national organization that advocates on behalf of sexual assault victims, is attempting to address the lack of complete and timely data by counting the SAK backlog been an issue for many jurisdictions for years.
One grassroots organization addressed the data void by attempting to count the backlog (through public records requests) and tracktracking data in cities and states across the country.54 As of January 2022, they have documented nearly 90,000 untested kits in 37 states and Washington, DC.55
Federal Research on SAK Backlogs
NIJ has funded research to address the lack of data on the backlog and the absence of evidence-based “best practices” for addressing it.56 For example, in 2011 NIJ funded research to conduct a census of all SAKs in the possession of law enforcement in Detroit, MI.57 Team members manually counted approximately 11,300 SAKs
col ected from 1980 through November 1, 2009.58 The census took 15 weeks and 2,365 person-hours. The team found 8,707 unsubmitted SAKs and 2,512 kits with lab numbers but indeterminate testing status. A total of 1,595 SAKs were tested and nearly half (785 SAKs) yielded CODIS-eligible DNA profiles, resulting in 455 hits, and identifying 127 serial sexual assaults.59 NIJ reported that one of the important lessons learned from their research is the value of multidisciplinary teams that included prosecutors, medical professionals, community advocates, law
49 DOJ, OJP, NIJ, Untested Evidence in Sexual Assault Cases, Overview of the Issue, March 17, 2016, https://nij.ojp.gov/topics/articles/untested-evidence-sexual-assault-cases#overview (hereinafter, “NIJ SAK Overview of the Issue”).
50 NIJ SAK Overview of the Issue. 51 NIJ SAK Overview of the Issue. 52 Kevin Strom et al., “How much justice is denied? An estimate of unsubmitted sexual assault kits in the United States,” Journal of Criminal Justice, Volume 73 (2021). 53 Rebecca Campbell et al., “Tested at Last: How DNA Evidence in Untested Rape Kits Can Identify Offenders and Serial Sexual Assaults,” Journal of Interpersonal Violence, vol. 33, no. 24 (2018) (hereinafter, “Tested At Last”).
54 See The Joyful Heart Foundation, Where the Backlog Exists, http://endthebacklog.org/backlog/where-backlog-exists, (hereinafter, “Where the Backlog Exists”). It is not clear when these data were last updated and not all data are current, although sources and updates are listed for each state in some cases through 2021.
55 Where the Backlog Exists. The following states are listed as unknown: Alabama, Illinois, Maine, Massachusetts, Mississippi, Nebraska, New Jersey, Ohio, Rhode Island, Tennessee, West Virginia, Wisconsin, and Wyoming.
56 Nancy Ritter, The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, NIJ Special Report, May 2011, https://www.ncjrs.gov/pdffiles1/nij/233279.pdf, p. 4; DOJ, OJP, NIJ, Untested Evidence in Sexual Assault Cases, March 2016, http://www.nij.gov/topics/law-enforcement/investigations/sexual-assault/Pages/untested-sexual-assault.aspx.
57 Wayne County. 58 Rebecca Campbell, Giannina Fehler-Cabral, and Steven Pierce, et al., The Detroit Sexual Assault Kit (SAK) Action Research Project (ARP), Final Report, NIJ, March 2015, https://nij.ojp.gov/library/publications/detroit-sexual-assault-kit-sak-action-research-project-arp-final-report, pp. 282-283 (hereinafter, “The Detroit Sexual Assault Kit (SAK) Action Research Project (ARP), Final Report”).
59 The Detroit Sexual Assault Kit (SAK) Action Research Project (ARP), Final Report, pp. 302-303.
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enforcement, justice advocates, and crime lab scientists.60 NIJ notes that solving sexual assault crimes is a complicated process—it is more than simply testing biological evidence in the SAK—and the multidisciplinary teams can help facilitate the process in a manner that is victim-centered61 and trauma-informed.62
Why do some kits remain untested? SAKs may remain untested for several reasons including limited laboratory and law enforcement resources, police discretion, or in cases of long delays, expired statutes of limitations.63
Limited Resources
Some forensic laboratories face backlogs not only for SAKs, but for all DNA evidence (e.g., hair or blood samples) collected from suspects or at crime scenes. In recent years, the demand for DNA testing has greatly increased along with technological improvements and growing awareness of its potential to help solve cases. A report on federal grants that address the DNA backlog determined that in states and units of local government that were awarded DNA Capacity Enhancement and Backlog Reduction (CEBR) grants, the total requests for DNA analysis increased from about 250,000 in 2011 to about 300,000 in 2017.64 Across the same period, crime labs also completed more DNA analysis requests, increasing from just over 200,000 completed to more than 250,000.65 However, the backlog for crime scene DNA analysis increased from 91,000 requests to about 169,000, or 85% indicating that the demand for DNA analysis continued to outpace the analytical capacity of the labs.66
The cost of DNA testing varies based on many factors including the type and amount of evidence tested, whether a lab is public or private, and how many perpetrators may be suspected of involvement (i.e., whether the sample contains a mix of biological evidence from two or more suspects or suspects and the victim).67 Thus, there is no standard cost to test DNA evidence collected using an SAK; however, the National Center for Victims of Crime reports that it costs
60 Sexual Assault Kits: Using Science to Find Solutions. 61 The term victim-centered is defined as “the victim is at the center of all decisions regarding recovery and any involvement with the criminal justice system. The victim’s choice, safety, and wellbeing is the focus, and the needs of the victim are a concern for everyone—not just the victim advocates.” Sexual Assault Kits: Using Science to Find Solutions, p. 19.
62 The term trauma-informed is defined as “attending to the victim’s emotional and physical safety; using resources, services, and support to increase the victim’s capacity to recover; and educating victims, service providers, first responders, and the general community about the psychological impact of trauma on the health and well-being of the victim.” Sexual Assault Kits: Using Science to Find Solutions, p. 19. 63 For general description see https://www.endthebacklog.org/information-survivors-survivors-rights-locating-rape-kit/statute-limitations. For a listing of state statute of limitation laws see https://apps.rainn.org/policy/.
64 U.S. Government Accountability Office, DNA Evidence DOJ Should Improve Performance Measurement and Properly Design Controls for Nationwide Grant Program, GAO-19-216, March 2019 (hereinafter, “DNA Evidence”).
65 DNA Evidence, p. 18. 66 DNA Evidence, p. 17. For more information on DNA backlogs, see CRS Report R41800, The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants.
67 The National Center for Victims of Crime, FAQ, https://victimsofcrime.org/frequently-asked-questions/ (hereinafter, “NCVC FAQ”).
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between $500 and $1,200 to test a kit.68 The Joyful Heart Foundation reports that it costs between $1,000 and $1,500 to test a kit.69
Police Discretion
Several jurisdictions require testing for all newly collected SAKs and some require testing of all backlogged and new SAKs. National best practices state, “All SAKs that the victim has consented to reporting to law enforcement should be submitted to the laboratory for DNA analysis.”70 However, in practice, this is not always the case. In many jurisdictions, law enforcement personnel decide whether to submit SAKs for DNA testing. One reason law enforcement may not submit SAKs for testing is resource shortages including funding, lab capacity, staffing, and equipment.71 There may also be procedural reasons, for instance there being no specific request from a prosecutor, no charges filed, uncertainty about the usefulness of the evidence, lack of a known offender sample, or the DNA evidence wasn’t needed for a conviction to be obtained.72 However, several studies have indicated that a primary reason may be law enforcement’s negative perceptions of sexual assault victim’s credibility or cooperation.73 Another study found that perceptions about the victim or circumstances of a reported assault also influenced the judgments of crime lab personnel regarding whether a kit should be tested.74
Considerations for a National Strategy to Address SAK Backlogs The existence of thousands75 of untested SAKs has led to calls for a national effort to test every kit; however, others argue that would not be the most efficient use of resources. Several issues might be considered in developing a national strategy to address the backlog, including the following:
Jurisdiction: Most SAKs are in the possession of state and local law
enforcement or crime labs, rather than federal law enforcement. The federal government cannot mandate that these agencies turn over their backlogged SAKs to a federal agency nor can they mandate participation in a federal testing program or SAK database. A federal strategy to address the national backlog may
68 NCVC FAQ. 69 The Joyful Heart Foundation, Why the Backlog Exists, http://www.endthebacklog.org/backlog/why-backlog-exists. 70 DOJ, OJP, NIJ, National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach, August 2017, https://nij.ojp.gov/topics/articles/national-best-practices-sexual-assault-kits-multidisciplinary-approach, p. 46 (hereinafter< “National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach”). Even in cases when a suspect has pled guilty, DNA testing can help with solving additional cases or exonerating innocent convicted offenders.
71 Rebecca Campbell, Hannah Feeney, Giannina Fehler-Cabral, Jessica Shaw, and Sheena Horsford, “The National Problem of Untested Sexual Assault Kits (SAKs): Scope, Causes, and Future Directions for Research, Policy, and Practice”, Trauma, Violence & Abuse, October 2017, Vol. 18, Issue 4 (hereinafter, “The National Problem of Untested Sexual Assault Kits”).
72 The National Problem of Untested Sexual Assault Kits. 73 Rebecca Campbell and Giannina Fehler-Cabral, “Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits”, Law & Society Review, vol. 52, no.1 (2018); The National Problem of Untested Sexual Assault Kits.
74 Rebecca Campbell and Giannina Fehler-Cabral, ““Just Bring Us the Real Ones”: The Role of Forensic Crime Laboratories in Guarding the Gateway to Justice for Sexual Assault Victims”, Journal of Interpersonal Violence, Online ahead of print (2020).
75 Where the Backlog Exists.
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seek to account for the limited power the federal government has over state and local jurisdictions.
Statutes of Limitations: In some cases, even if testing an SAK identified a
perpetrator, the statute of limitations may have expired. There are still reasons to test such kits, for example, to connect several cases. However, it may be more efficient to establish a triage process for untested kits that sets up timelines for testing that accounts for limited financial and lab resources as well as the relevant statute of limitations.
Victim Input and Notification: In some cases, a victim may not wish to have
their backlogged SAK tested. For example, they may not want to revisit the trauma associated with their assault. A national strategy may seek to address the victim’s role in the process, as well as create a plan regarding how and when to notify victims about testing and any investigative leads or identifications generated from the testing.
Victim Services: A national strategy may also seek to ensure the availability of
victim services to cope with the psychological and other difficulties associated with sexual assault. If a perpetrator is identified, victims may also benefit from victim assistance to support their participation in the criminal justice process.
Resource Shortages: A national strategy may seek to account for jurisdictions
that do not have the capacity to pursue the leads that could be generated from widespread testing of backlogged SAKs. Resource shortages may necessitate additional triage plans based on factors such as the age of the kit or the relationship between the victim and offender. A triage plan may also address untested kits for cases in which a perpetrator has already been convicted. There are reasons to test these kits, for example, to address potential wrongful convictions or to determine whether an offender may be implicated in other unsolved cases; however, these cases may not be judged to have priority.76
Federal Grants to Reduce SAK Backlogs The federal government has several grant programs to address the SAK backlog. The bulk of these programs either focus on assisting state and local law enforcement and crime labs address their backlog or fund research about the backlog.
Debbie Smith DNA Backlog Grant Program The largest of these grant programs is the Debbie Smith DNA Backlog Grant Program (Debbie Smith grants), which provides grants to state and local governments to improve and expand DNA collection and analysis.77
76 See Tested At Last; National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach; and Joseph Peterson, Donald Johnson, Denise Herz, Lisa Graziano, and Taly Oehler. “Sexual assault kit backlog study”, National Institute of Justice, 2012, https://www.ojp.gov/pdffiles1/nij/grants/238500.pdf.
77 For more information on the Debbie Smith program, see CRS Report R41800, The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants.
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Incities and states across the country. While the organization's data are incomplete, they have some estimates of rape kit backlogs for various cities and states.28 Thus far, the Joyful Heart Foundation has identified approximately 40 municipal and county jurisdictions with known rape kit backlogs ranging from several hundred to thousands of rape kits.
The discovery of hundreds or even thousands29 of untested SAKs might lead to calls for all of the kits to be tested; however, this might not be the most efficient use of limited resources. There are several issues that might be considered when working through a backlog of untested kits, including the following:
In recent years, the federal government has addressed the SAK backlog by providing financial support, conducting or funding research to address the backlog, and testing a limited number of SAKs from local law enforcement agencies that had not been submitted previously.
In FY2015, Congress appropriated $41 million for the Community Teams to Reduce the Sexual Assault Evidence Kit Backlog and Improve Sexual Assault Investigations program. Administered by the Department of Justice, Bureau of Justice Assistance, the goal of the program is to create a "coordinated community response that ensures just resolution to these cases whenever possible through a victim-centered approach, as well as to build jurisdictions' capacity to prevent the development of conditions that lead to high numbers of unsubmitted SAKs in the future."30 The program provides funding to state and local governments to help address the backlog, test, and track SAKs; create and report performance metrics; access training to increase effectiveness in addressing complex issues involved with SAKs and associated cases; engage in multidisciplinary policy development, implementation, and coordination; and improve practices related to the criminal justice process and victim engagement and support.31
NIJ also provides funding to state and local crime laboratories through its DNA Backlog Reduction program.32 Funding under this program can be used to (1) process, record, screen, and analyze forensic DNA and/or DNA samples from convicted offenders or eligible arrestees; and (2) increase the capacity of public crime laboratories to process more DNA samples. While this funding cannot be used to help state and local governments work through their backlogs of SAKs that have not been submitted to a crime laboratory for analysis, it could be used to help process biological evidence collected through SAKs that have been submitted to a crime laboratory for analysis.
NIJ notes that there has been little research on SAK backlogs, and there are few evidence-based "best practices" to help jurisdictions make decisions about how to work through their backlogs and prevent backlogs from developing again in the future.33 In 2011, NIJ funded research in Houston, TX, and Detroit, MI,34 to try to help address these issues.35
NIJ reported that one of the important lessons learned from the two projects was the value of forming multidisciplinary teams when addressing the issue of the large number of SAKs that had not been submitted.36 Prosecutors' offices in both jurisdictions formed multidisciplinary teams to look at this issue. The teams included police officers, crime lab analysts, prosecutors, and victim advocates. NIJ notes that solving sexual assault crimes is a complicated process—it is more than simply testing biological evidence in the SAK—and the multidisciplinary teams can help facilitate the process. For example, the multidisciplinary teams can help exchange information about Combined DNA Index System (CODIS) "hits" (e.g., a match between a sample profile from a SAK and an offender profile in the National DNA Database)37 among police, prosecutors, and crime labs in a seamless and real-time manner.
The Detroit team conducted a census of all SAKs in the possession of law enforcement. Team members manually counted approximately 11,300 SAKs collected from 1980 through November 1, 2009, while recording the name and date of birth of the victim, and date of the assault. The census took 15 weeks and 2,365 person-hours. The team found 2,512 SAKs with lab numbers but could not determine how many of these had been tested; 8,707 had never been submitted to the lab.
A total of 1,595 SAKs were tested in Detroit as a part of the NIJ-sponsored program, and nearly half (785 SAKs) yielded DNA profiles that could be uploaded to CODIS. Of the 785 profiles uploaded to CODIS, there were 455 "hits," meaning that 28% of the SAKs tested in the Detroit action-research project revealed the DNA identification of the suspect. Among these, 127 serial assaults were identified.38
There were an estimated 16,000 rape kits in police storage in Houston. The Houston Police Department (HPD) was already performing an audit of all SAKs in their custody because the NIJ-sponsored research was taking place when the police department was moving to a new evidence-storage facility. HPD determined that 6,663 SAKs had not been tested previously, including approximately 4,000 kits stored in the property room freezer. Of these 4,000 SAKs, the Houston team randomly selected a sample of 500 to be studied in the NIJ-sponsored project. Results from these analyses have not yet been publicly released by NIJ.
NIJ has partnered with the FBI crime laboratory to process and test a limited number of SAKs from local law enforcement agencies that had not been submitted previously. NIJ will collect and analyze data about these SAKs. The goal of this partnership is to better understand the issues related to how SAKs are handled and suggest ways to improve the collection and processing of them.39
SAKs in the possession of law enforcement or public crime laboratories can be submitted to the FBI for analysis if
In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA 2013; P.L. 113-4) which, among other things, included new provisions to address the SAK backlog in states. VAWA 2013 expanded the purpose areas of several VAWA grants to address the needs of sexual assault survivors to include strengthening law enforcement and forensic response and urging jurisdictions to evaluate and reduce rape kit backlogs. It also established a new requirement that at least 20% of funds within the STOP (Services, Training, Officers, Prosecutors) program and 25% of funds within the Grants to Encourage Arrest Policies and Enforce Protection Orders program be directed to programs that meaningfully address sexual assault. In addition, VAWA 2013 incorporated the Sexual Assault Forensic Evidence Reporting Act of 2013.
Congress amended the authorizing legislation for the Debbie Smith DNA Backlog Grant Program41 by passing the Sexual Assault Forensic Evidence Reporting Act of 2013 (the SAFER Act of 2013, Title X of P.L. 113-4). ), Congress amended the authorizing legislation for the Debbie Smith program78 in part to address the SAK backlog.
The SAFER Act added two new purposes for which Debbie Smith grants can be used: (1) to conduct an audit of the samples of sexual assault evidence in the possession of a state or unit of local government that are awaiting testing, and (2) to ensure that the collection and processing of DNA evidence by law enforcement is carried out in a timely mannerpromptly and in accordance with the protocols and practices the FBI is required to develop under the act. Prior to the passage of the SAFER Act, Debbie Smith grants could only be used to test biological evidence that had been submitted to a crime laboratory for analysis and to enhance the capacity of crime laboratories to conduct DNA analysis.
Congress may wish to assess the SAK backlog and debate if the federal response should be changed as the issue evolves and agencies, including NIJ, capture the breadth of the problem. For example, Congress may design preventative measures in attempting to prevent future backlogs. This may be done through grants to states and local entities by funding preventative measures and/or conditioning grants on the requirement that states and local governments establish a set time in which SAKs must be tested. Congress may also wish to request research on the impact of the backlog reduction and determine how efforts to address the issue have affected crime victims.
Author Contact Information
| 1. |
The Joyful Heart Foundation, a nonprofit organization that advocates for the elimination of SAK backlogs, has identified approximately 40 municipal and county jurisdictions with known rape kit backlogs ranging from several hundred to thousands of rape kits. See Joyful Heart Foundation, Endthebacklog: Where the Backlog Exists. |
| 2. |
Joyful Heart Foundation, Endthebacklog: Why Testing Every Kit Matters, http://endthebacklog.org/. |
| 3. |
For more detailed information on forensic analysis of rape kits, see CRS Report R41800, DNA Testing in Criminal Justice: Background, Current Law, and Grants, by [author name scrubbed]. |
| 4. |
The medical professional is often a trained Sexual Assault Nurse Examiner. |
| 5. |
Rape, Abuse and Incest National Network (RAINN), What is a Rape Kit, http://www.rainn.org/get-information/sexual-assault-recovery/rape-kit (hereinafter, What is a Rape Kit). |
| 6. |
U.S. Department of Justice, Office on Violence Against Women, A National Protocol for Sexual Assault Medical Forensic Examinations, NCJ 228119, April 2013, p. 7. |
| 7. |
What is a Rape Kit. |
| 8. |
Ibid. |
| 9. |
Ibid. |
| 10. |
According to a census conducted by the Bureau of Justice Statistics, there were 411 publicly funded crime laboratories as of 2009. That year, these laboratories received 4.1 million requests for forensic services; 80% of these requests were for DNA analysis of biological evidence. To address demand, some laboratories outsourced work to private laboratories or to other public laboratories such as the Federal Bureau of Investigation lab. See Matthew R. Durose, Kelly A. Walsh, and Andrea M. Burch, Census of Publicly Funded Forensic Crime Laboratories, 2009, U.S. Department of Justice, Office of Justice Programs, NCJ 238252, August 2012, http://www.bjs.gov/content/pub/pdf/cpffcl09.pdf. |
| 11. |
National Institute of Justice, Sexual Assault Kits: Using Science to Find Solutions, http://www.nij.gov/unsubmitted-kits/; Lisa Hurst and Kevin Lothridge, 2007 DNA Evidence and Offender Analysis Measurement: DNA Backlogs, Capacity and Funding, June 2010, https://www.ncjrs.gov/pdffiles1/nij/grants/230328.pdf (hereinafter 2007 DNA Evidence and Offender Analysis Measurement). |
| 12. |
2007 DNA Evidence and Offender Analysis Measurement, p. 8. |
| 13. |
For more information on CODIS and federal involvement in forensic testing, see CRS Report R41800, DNA Testing in Criminal Justice: Background, Current Law, and Grants, by [author name scrubbed]. |
| 14. |
National Institute of Justice, Sexual Assault Kits: Using Science to Find Solutions, http://www.nij.gov/unsubmitted-kits/. |
| 15. |
Rebecca Campbell, Giannina Fehler-Cabral, and Steven Pierce, et al., The Detroit Sexual Assault Kit (SAK) Action Research Project (ARP), Final Report, March 2015, National Criminal Justice Reference Service, https://www.ncjrs.gov/pdffiles1/nij/grants/248680.pdf#page=306. |
| 16. |
National Institute of Justice, Backlogs of Forensic DNA Evidence; Increasing the Capacity of Crime Laboratories, January 2012, http://nij.gov/topics/forensics/lab-operations/evidence-backlogs/Pages/increasing-capacity.aspx. |
| 17. |
National Institute of Justice, Sexual Assault Kits: Using Science to Find Solutions, http://www.nij.gov/unsubmitted-kits/. |
| 18. |
The Joyful Heart Foundation, Why the Backlog Exists, http://www.endthebacklog.org/backlog/why-backlog-exists. |
| 19. |
The National Center for Victims of Crime, Sexual Assault Kit Testing: What Victims Need to Know, p. 6, http://victimsofcrime.org/docs/default-source/dna-resource-center-documents/dna-sak-victim-brofinal.pdf?sfvrsn=2. |
| 20. |
The National Center for Victims of Crime, Sexual Assault Kit Testing: What Victims Need to Know, http://www.victimesofcrime.org. |
| 21. |
What is a Rape Kit. |
| 22. |
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, Untested Sexual Assault Evidence in Law Enforcement Custody, http://www.nij.gov/topics/forensics/lab-operations/evidence-backlogs/law-enforcement-sexual-assault.htm. |
| 23. |
In 2009, NIJ released the results of a nationwide survey of more than 2,000 police departments and their forensic evidence. See Nancy Ritter, The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, NIJ Special Report, May 2011, p. 2, https://www.ncjrs.gov/pdffiles1/nij/233279.pdf (hereinafter, The Road Ahead). |
| 24. |
Angela Wu, "Will Rape Kit Testing Laws Help Clear Cases?" Newsweek, July 26, 2010, http://www.newsweek.com/will-rape-kit-testing-laws-help-clear-cases-74393. |
| 25. |
Human Rights Watch, Testing Justice: The Rape Kit Backlog in Los Angeles City and County, 1-56432-461-3, New York, NY, March 2009, p. 22. |
| 26. |
Department of Justice, Office on Violence Against Women, Eliminating the Rape Kit Backlog: A Roundtable to Explore a Victim-centered Approach, Washington, DC, May 10, 2010, p. 15. |
| 27. |
National Conference of State Legislatures, Forensic Biology Backlogs and Untested Sexual Assault Evidence, http://www.ncsl.org/Documents/cj/StateBacklogsOfForensicEvidence.pdf. |
| 28. |
See The Joyful Heart Foundation, Where the Backlog Exists, http://endthebacklog.org/backlog/where-backlog-exists. |
| 29. |
Ibid. |
| 30. |
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, National Sexual Assault Kit Initiative (SAKI), grant solicitation, BJA-2015-4115, March 9, 2015, p. 4, https://www.bja.gov/Funding/15SAKIsol.pdf. |
| 31. |
Ibid. |
| 32. |
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, DNA Backlog Reduction Program, http://www.nij.gov/topics/forensics/lab-operations/evidence-backlogs/Pages/backlog-reduction-program.aspx. |
| 33. |
The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, p. 4. |
| 34. |
Wayne County. |
| 35. |
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, Untested Evidence in Sexual Assault Cases, http://www.nij.gov/topics/law-enforcement/investigations/sexual-assault/Pages/untested-sexual-assault.aspx. |
| 36. |
Ibid. |
| 37. |
For more information on CODIS, see CRS Report R41800, DNA Testing in Criminal Justice: Background, Current Law, and Grants, by [author name scrubbed]. |
| 38. |
Rebecca Campbell, Giannina Fehler-Cabral, and Steven Pierce, et al., The Detroit Sexual Assault Kit (SAK) Action Research Project (ARP), Final Report, March 2015, National Criminal Justice Reference Service, https://www.ncjrs.gov/pdffiles1/nij/grants/248680.pdf#page=306. |
| 39. |
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, The NIJ-FBI Sexual Assault Kit Partnership—A Research Initiative for Unsubmitted Sexual Assault Kits, http://www.nij.gov/topics/law-enforcement/investigations/sexual-assault/Pages/nij-fbi-sak-initiative.aspx. |
| 40. |
Ibid. |
| 41. |
42 U.S.C. §14135. For more information on the Debbie Smith program, see CRS Report R41800, DNA Testing in Criminal Justice: Background, Current Law, and Grants, by [author name scrubbed]. |