Sexual assault survivors see some hope for justice as rape kit backlogs finally clear
Tens of thousands of backlogged rape kits have been processed since the problem came to light.
Some rape survivors have waited years for their rape kits to be processed.
Some good news for survivors of sexual assault is coming in from jurisdictions around the country as rape kit backlogs are finally being eliminated.
East Tennessee is almost finished clearing its rape kit backlog, with only about 20 kits to go and a much faster processing time. According to WVLT News, processing a rape kit in the region took more than 10 months on average in 2022. Currently, the wait is just 10 weeks, and the Tennessee Bureau of Investigation hopes to have the catch-up on the backlog completed in October of 2024.
Washington state has also declared that its rape kit backlog is "essentially eliminated” after processing more than 30,000 kits over the past decade. In 2015, Washington took inventory of all of its unprocessed rape kits and began implementing a system to expedite their processing. A House bill passed in 2019 required that by May of 2022, rape kits would be tested within 45 days. According to KPTV News, 95% of kits are tested and DNA entered into a database in 45 days, as reported by the Washington State Patrol’s Vancouver Crime Lab, where most of the state's kits are processed.
North Carolina, West Virginia and other states have also successfully brought their backlog to at or near zero.
Rape kits can provide vital evidence in sexual assault investigations
What this means for some rape survivors is justice finally being served, as their rape kit evidence backs up their case. For others, it means answers, as some don't know the identity of the person who raped them and DNA analysis from the kit provided that information. For many, it's a sense of relief that there's at least some chance that the person who hurt them will be found and convicted and won't be able to hurt anyone else.
The abysmal state of rape kit processing in the U.S. was one of the little-known realities that came to light during the Me Too movement. A sexual assault victim could report a rape right away, go to the hospital to endure hours of invasive procedures to collect bodily fluids and DNA to help prove the crime, only to wait years for their rape kit to even be processed, much less submitted as evidence.
Actor Mariska Hargitay has been at the forefront of the movement to eliminate rape kit backlogs with her Joyful Heart Foundation's End the Backlog campaign.
“To me, the backlog is one of the clearest and most shocking demonstrations of how we regard these crimes in our society," Hargitay shares on the campaign's website. "Testing rape kits sends a fundamental and crucial message to victims of sexual violence: You matter. What happened to you matters. Your case matters. For that reason, The Joyful Heart Foundation, which I founded in 2004, has made ending the rape kit backlog our #1 advocacy priority.”
The six pillars of rape kit reform
End the Backlog established six pillars of reform to help jurisdictions process rape kits more expediently and catch up on processing untested kits. Those pillars are:
1. Implement an annual statewide inventory of kits.
2. Mandate the submission and testing of all backlogged kits.
3. Mandate the testing of all new kits.
4. Create and use a statewide kit tracking system.
5. Implement mechanisms for survivors to easily find out about the status of their kits.
6. Allocate appropriate funding to submit, test, and track kits.
Washington is one of more than a dozen states that have implemented all six pillars, which has enabled the state to turn its backlog around.
“Each of those kits is a survivor whose voice was never heard, who didn’t have a path to justice, and left a lot of predators in the community to re-offend,” Washington representative Tina Orwall told KPTV. "We have a system in place where this is never going to happen again. Those kits will never sit on a shelf. The survivor will have a voice. They can check the status of the kits and the process.”
Why have so many rape kits gone untested?
The status of rape kit backlogs varies greatly by state. A few states still have thousands of kits awaiting processing, some hundreds, some zero and some don't have enough trackable information to even know how many there are. According to End the Backlog, many jurisdictions don't have systems for counting or tracking rape kits.
But making sure rape kits are tracked and processed is important, not just for survivors but for the safety of the public as well.
“Since so many sexual assailants are serial offenders … the DNA from a rape kit is often the material difference between a sexual predator going to jail or remaining free to reoffend,” said U.S. Sen. John Cornyn (R-TX) at aSenateJudiciary subcommittee hearing in 2015. “When rape kits remain untested and sitting on a shelf, the consequences can be nothing short of devastating.”
So why have so many rape kits gone unsubmitted and untested? According to an investigative report from Sofia Resnick of Rewire News, the "he said, she said" nature of rape allegations has been used to "justify the systemic failure of police and prosecutors nationwide to properly process forensic evidence that could lead to more sexual assault convictions." Rape by definition revolves around consent, which is often difficult to prove one way or another. Resnick reported that police would often only push for rape kit testing in cases that didn't hinge on the consent question or where the assailant's identity was unknown. It's taken time for the importance of testing all rape kits to be understood by everyone involved in the investigative and prosecution process, as those kits contain a wealth of information beyond just DNA that can aid investigators in determining which parts of the victim's and assailant's narrative are backed up by evidence.
However, reality is rape is a difficult crime to prove, even with physical evidence. Despite more rape kits being tested, convictions are still hard to come by and many survivors don't find justice. Anything that provides relevant information about an alleged assault is important, however, and survivors deserve to have their rape kits processed in a timely manner, whether they end up ultimately proving their case or not.
See where your state ranks and learn more about what's being done to end rape kit backlogs at endthebacklog.org. If you or someone you know has been the victim of sexual assault, check out the Rape, Abuse, and Incest National Hotline by calling 1-800-656-HOPE or use the Online Hotline: hotline.rainn.org/online. (En Español: rainn.org/es)