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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.

Photo credit: Canva

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)

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Tennessee Cracker Barrel refuses service to pastor-cop who preaches that LGBTQ people should be executed.

Tim Boyle/Getty

If you wonder why the LGBTQ community holds Pride parades, look no further than Grayson Fritts.

If you don't know who Grayson Fritts is, here's a brief intro:

He's a pastor. He's a police officer. And he is on video screaming from the pulpit that the government should kill gay people.

That's not an exaggeration.

In a video of a fist-pounding sermon at All Scripture Baptist church in Knoxville, Tennessee, Fritts said that police should round up people at Pride parades, put them through a quick trial, and then put them to death.

"The Bible says the powers that be are ordained of God," he said, "and God has instilled the power of civil government to send the police in 2019 out to these LGBT FREAKS and arrest them. Have a trial for them, and if they are convicted then they are to be put to death…do you understand that? It's a capital crime to be carried out by our government. Not Christians...unless you're a policeman. Know what I mean? If you're a policeman it should be your responsibility to carry these things out."

Just FYI, this man was named "Detective of the Month" in 2017. Let that sink in for a hot second.

"Pride parades?" he continued. "Hey, call the riot teams. We got a bunch of 'em, Get the patty wagon out here, we got a bunch of 'em going to jail, we got a bunch of them that we're gonna get convicted because they've got their pride junk on and they're professing what they are, that they're a filthy animal. After this onslaught, where the government's arresting them and carrying out God's laws and they're all dead…"

And that's only part of it. You can watch five minutes of the sermon here, though I don't actually recommend it.


P.S. The church's website states that the church is "a family integrated church, meaning children of all ages are welcome in our services." So presumably, this extremist, violent hate speech was being delivered to children as well as adults. Lovely.

Grayson Fritts and his church planned a meeting for June 29 at a Cracker Barrel in Cleveland, Tennessee. The restaurant said, "Nope."

The church website lists a "Small Town Soul Winning" event for June 29 in Cleveland, Tennessee, about 80 miles southwest of Knoxville. Presumably, that's why Fritts and members of his church were planning an event at the local Cracker Barrel in town.

But according to Knox News, Cracker Barrel has turned away Fritts and his gang, citing the chain's zero-tolerance policy for "discriminatory treatment or harassment of any sort."

Cracker Barrel said it told the church it couldn't hold its event at their restaurant. "We disagree strongly with their statements of hate and divisiveness," the restaurant chain said in a statement. "We serve everyone who walks through our doors with genuine hospitality, not hate, and require all guests to do the same."

For the folks who would say, "But isn't that just Cracker Barrel discriminating against Fritts for his religious beliefs?" No. If the restaurant had said he and his fellow "Christians" couldn't eat there because they were Christian, that would be religious discrimination. It is Fritts' discrimination, hate speech, and advocating of violence that violates the company's policy of service, not his stated religious affiliation.

Businesses have the right to refuse service to customers that pose a threat other customers. No doubt, LGBTQ people eat at Cracker Barrel. Would you feel safe in an enclosed space with a presumably armed man who believes—and tries to convince others—that you should be put to death?

In a capitalist society that values free speech, businesses taking a stand can be a powerful statement.

We can debate all day long about whether hate speech should be protected under the First Amendment, but as of now, it is. One could make the argument that Fritts was inciting violence with his speech—which would make such speech not protected—but the fact that he was advocating for the government to do the violence and not for citizens to take it upon themselves may legally shield him from that argument.

I know that seems weird, but such are the realities of free speech.

However, the First Amendment only protects us from the government squashing our freedom of expression. It does not mean that a business or private entity can't decide that someone's speech is too heinous to allow in their space. Speech is not protected from other people calling you out on what you say. It's not protected from businesses or institutions deciding you're too much of an a-hole to do business with.

No one needs to be tolerant of dehumanization. No one needs to be tolerant of someone calling for innocent people's deaths because of who they are attracted to. No one should stand for that, ever.

Good for Cracker Barrel for making it clear that there is no place for such hatred at their tables.

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The next Elvis might be born out of this amazing Memphis music school.

Music has the power to transform lives.

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XQ

When you think about Memphis, Tennessee, Elvis Presley maybe comes to mind. But today, the city is brimming with talented musicians.

They play all kinds of music styles, from rockabilly to soul, in clubs and on the streets throughout the city.

What's more, the locals say there's usually a level of unity whenever music starts to play in Memphis. Making music just seems to bring everybody together.

Musicians from Stax Music Academy. Photo via XQ.

Music also has the power to inspire us to be better and go a step further in life, even when circumstances have pushed us down. That, in essence, is why Stax Music Academy got started — to encourage kids' development through the practice and performance of music.

Stax Music Academy exists to nurture the next generation of musical talent — no matter their background or skill level.

A Stax student playing on the keyboard. Photo via XQ.

"We get students in and we try to enhance their cognitive abilities and musical abilities as well as their character," explains Adrianna Christmas, the director of Stax. They turn students into "Soul Communicators" — socially conscious artists who actively give back to their communities.

There's also a huge focus on the legacy of Stax Records, the iconic, soul-based record label that was founded in Memphis 60 years ago.

What makes Stax particularly special, however, is that 70% of their students come from marginalized communities. Since its mission is to raise up kids using music, it would only make sense that they would strive to include the kids who might need that boost the most.

But it's not just about fostering great musicians. It's about helping these kids get in touch with who they really are.

A Stax student on guitar. Photo via XQ.

"Stax taught me how to control myself, discipline myself, better myself," says Chris Franklin, one of Stax's students. "Both sides of my family, they’ve done music. It runs in my bloodline, and I think I should carry it on."

"I know Stax helped me to see the worth and value that I have in myself," admits Jaden Graves. "Even if I don’t fit in, I can embrace who I am."

The teachers see the growth too. Kids come in nervous and shy but leave as confident music aficionados. It makes sense that they've maintained a 100% college acceptance rate since 2008.

In a world where there's so much adversity and discord, a space that's dedicated to teaching kids how to harmonize is most welcome.

[rebelmouse-image 19530011 dam="1" original_size="700x467" caption="The Street Corner Harmonies group from Stax. Photo via Stax Music Academy." expand=1]The Street Corner Harmonies group from Stax. Photo via Stax Music Academy.

That's especially poignant when you remember Memphis is where Martin Luther King Jr. was shot. While music may not be the only reason attitudes have changed there, it's unifying nature no doubt played a part.  

Stax's awesome setup is more than capable of fostering the next great musical prodigy, but that's far from what makes it important. It's the fact that it offers musically minded kids a chance to find themselves and that is beyond worthwhile.

Learn more at XQSuperSchool.org.

Check out Stax's story here:

XQ Rethink High School: Memphis

Kids are learning about music, and themselves, through this empowering program in Memphis.

Posted by Upworthy on Wednesday, November 8, 2017
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What Tennessee's fall trees looked like to people with colorblindness — until now.

'I'm glad to have seen it. I just wish I had seen this all my life.'

There's a powerful new ad showing how Tennessee is helping make the Smoky Mountains a bit more beautiful this fall for those who have colorblindness.

The Tennessee Department of Tourism Development released something special — the rare instance of a state-sponsored video, featuring the experiences of five people, that genuinely tugs at the heartstrings.❤️

Every October and November, the Great Smoky Mountains are draped in gorgeous shades of reds, yellows, and oranges — sights that draw people near and far to the east side of the state. However, for about 13 million Americans with colorblindness (most of whom are men), the Volunteer State's radiant rolling hills appear as duller, brownish versions of their true selves.

"Everybody at work was saying how pretty the colors are," one man, who has colorblindness, says in the video — a joint effort between the state's department of tourist development and marketing agency VML. "You don't know that you're missing it because you never saw it to begin with."

To make the colorful mountains pop for people who couldn't see them, Tennessee has installed "colorblind-less" viewfinders at three locations in the area.

GIF via TNVacation/YouTube.

The viewfinders — installed at Ober Gatlinburg, the westbound I-26 overlook near Erwin, and Big South Fork National River and Recreation Area — are equipped with glass that enables those with red-green colorblindness to see a fuller spectrum of hues, according to Knox News.

For the guys featured in the video — none of whom had ever seen the Smokies in all their red and yellow glory — the special viewfinders brought the brightness of the Tennessee mountains to life.

Here's a before and after view of what they saw in the viewfinder. GIF via TNVacation/YouTube.

Their reactions speak for themselves.

"Wow," one man muttered to himself softly, sniffling, the experience somewhat bittersweet.

GIF via TNVacation/YouTube.

"I'm glad to have seen it," he says. "I just wish I had seen this all my life."

"Unbelievable," another says.

GIF via TNVacation/YouTube.

"I feel like now I know why people come from miles and states around just to see this."

"[It's] kind of like how I would imagine the difference between here and heaven."

GIF via TNVacation/YouTube.

Tennessee didn't have to move mountains, so to speak, to make the Smokies more beautiful to millions of people. There are small things we can all do in our own communities to make our schools, parks, cities, and homes more inclusive for every guest to enjoy. And that's the truly beautiful thing.

Way to go, Tennessee.

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