Ending the Rape Kit Backlog

What is a Rape Kit?

Victim-survivors can choose to undergo a forensic exam after a sexual assault to collect DNA evidence from their attacker. The exams cover evidence from the victim’s body and take four to six hours to complete. The evidence collected from the exam is placed in a special container for safe storage called a rape kit.

What is the Rape Kit Backlog?

The rape kit backlog refers to the over 100,000 evidentiary rape kits that have been left untested in law enforcement and crime lab storage facilities across the United States. The exact number is unknown and increases as new kits are discovered in storage facilities throughout the country.

Why is there a backlog?

Many states have no clear laws on how to handle rape kits. State law enforcement officers decide whether to send kits to a lab for testing. Several factors influence the decision to test a kit. The costs of testing one rape kit range from $1000 to $1,500. Many departments only pursue cases they anticipate have the best chance of getting solved or have an unknown attacker.

Lack of training and bias by law enforcement also prevent testing. Police often don’t believe survivors’ claims. Victim-blaming and negative stereotyping of women also influence the handling of kits. Research shows officers disbelieve sexual assault victims more than any other victim.

Why is Testing Important?

DNA evidence from rape kits is entered into a national database, which helps to identify unknown assailants, link crimes together, and identify serial offenders. It can confirm a known suspect, affirm the survivor’s account of the attack, discredit a suspect, and exonerate the innocent.

An initiative in Detroit to test all 11,341 kits in storage resulted in 2,616 matches in the DNA database and identification of 834 potential serial rapists who committed crimes in 40 states. The evidence led to 222 convictions as of May, 2021.

Rapists are often serial offenders. Untested kits mean that rapists remain in communities and can attack other victims.

Which States Have Laws Addressing the Backlog?

27 states have passed laws to mandate the testing of backlogged rape kits: Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington, and Wisconsin.

33 states have passed laws to test all newly-collected rape kits in specified timeframes: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.

40 states have conducted an inventory of all backlogged rape kits. These audits help decide whether states have enough personnel to complete testing in state labs or whether a contract with a private lab is needed.

Some states have included funding for rape kit testing in their budgets. Others use federal funds designated for this purpose. Funding is also available through other public funds and private foundations. Millions of dollars in government and private funding have been allocated to address backlogs across the US.

Success Stories

New York City cleared their backlog of 17,000 rape kits, resulting in 2,000 DNA matches and 200 arrests.

Houston processed 6,663 untested rape kits,  resulting in 850 matches in the DNA database and the prosecution of 29 offenders.

Ohio law enforcement processed over 10,000 backlogged kits,  resulting in 3,629 matches in the DNA database and at least 445 indictments.

Colorado processed 3,542 rape kits resulting in 691 matches in the DNA database and 1,556 new profiles generated.

Illinois processed 4,000 rape kits resulting in 927 matches in the DNA database.

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