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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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Female orcas surrounded this grieving mom in a heartbreaking circle of solidarity.

Parents everywhere are empathizing with this orca mom grieving the loss of its newborn.

The orca's baby died about 30 minutes after it was born in Puget Sound, off the coast of Washington state, but the mother had a hard time letting go. For three days, whale researchers observed her carrying the calf's body, carefully balancing it on her head as she swam. Even through rough waters, when the baby slipped and started to fall, the grieving mama, known to researchers as J35, dived deep to lift it back up again.

“It is horrible. This is an animal that is a sentient being. It understands the social bonds that it has with the rest...

Posted by Orca Conservancy on Wednesday, July 25, 2018

This behavior is a well-documented expression of grief among whales and dolphins, but that doesn't make it less devastating. "It is just absolutely gut-wrenching to watch," said Taylor Shedd of Soundwatch — a program that monitors whale-watching vessels and educates boaters to reduce disturbance to marine life — in The Seattle Times.

To see such grief in any species grabs us right in the heart; many people can understand the unwillingness of a parent to let go of a child they have lost.

But what was most touching was the beautiful way the orca mom's pod responded to the baby's death.

Orcas live in pods of up to 40 members who help one another hunt and care for young. Lodie Budwill of the Center for Whale Research observed J35 and her pod the day her baby died. She said a group of female orcas gathered in a tight circle with J35 and remained in that formation for at least two hours. She described the scene for the Times:

"It was beautiful to observe, yet very sad knowing what had taken place earlier in the day. The sun set, the moon rose and they remained centered in the moonbeam, continuing their circular surfacing. I perceived this to be a ceremony or ritual of some sort. It was no doubt a circle of family love and devotion. After observing for hours, it was hard to hold my binoculars up any longer."

That stunning display is strikingly similar to the way loved ones often react when a human parent loses a child — encircling them with shared grief, solidarity, and support.

Our empathy for these creatures should push us to help save them.

People's strong emotional reactions to J35's grief shows how connected we are, even with animals who are physically different from us in almost every way. Despite our vastly different existences, we can see ourselves or people we know reflected in this orca mom's story. But it's not just J35 who needs our help.

Southern resident orcas in the Puget Sound are critically endangered. While orca pods traditionally see four or five births per year, this baby was the first born in three years to this particular pod. Not only was it a loss for J35, it was a loss for the entire orca species in this area.

It's almost as though J35 held her baby up for days as a warning, saying, "Look at what is happening to us. Do something, please."

Here's how we can help.

Orcas are one of the most contaminated marine mammals because they consume the pollutants built up in animals and organisms below them in the food chain. Pushing for legislation that limits chemicals, pesticides, and other contaminants from flowing into the ocean is one actionable step, along with reducing physical pollutants such as plastics.

Puget Sound whales are also suffering from dwindling numbers of their main food, big Chinook salmon, which are also endangered. Washington Gov. Jay Inslee signed an executive order in May 2018 to come up with solutions for both species.

But the task is daunting and more research is needed. There are multiple organizations dedicated to orca research and conservation. Financially supporting those organizations, such as the Center for Whale Research and the Orca Conservancy, can be an effective way for ordinary people to make a real difference for these majestic creatures.

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States are stepping up for the environment, and it's working. California is proof.

While the federal government sweep climate change under the rug, California leads the way.

The environment has taken a beating in our country the past two years, as the Trump administration has rolled back environmental protections and made clear that the U.S. will withdraw from the first international agreement to curb climate change.

But that doesn't mean nothing is being done. California announced that it has reached its greenhouse emissions reduction goals far ahead of schedule, surpassing the target planned for 2020 in the summer of 2018 — even as the state's economy has grown. These current levels of emissions haven't been seen since 1990.

With by far the largest and most diverse economy in the U.S., California is a testing ground in many ways. This success offers hope for what can be done when the government makes a commitment to positive change.

The emissions goal was set by a Republican governor and pushed along by a Democrat. Yay, bipartisan collaboration!

The 2020 goal was set by Republican Gov. Arnold Schwarzenegger in 2006, while current Gov. Jerry Brown has taken broad steps to make sure it was met.

“Surpassing our 2020 emissions goal ahead of schedule while our economy grows by a nation-leading 4.9% and our unemployment rate is at a historic low should send a message to politicians all over the country," Schwarzenegger said in a statement. "You don't have to reinvent the wheel — just copy us. Business will boom and lives will be saved."

States and other nonfederal entities are stepping up to fill the shoes the federal government has kicked aside.

According to Andrew Light, a senior fellow at the World Resources Institute and former state department climate negotiator, about 2,000 U.S. nonfederal entities (i.e., states, cities, and businesses) have indicated they intend to meet our pledge in the Paris Agreement with or without the government's help. That's encouraging.

In fact, three states — California, Washington, and New York — formed the U.S. Climate Alliance immediately after Trump made his withdrawal statement. Now 13 other states and Puerto Rico have joined the alliance, which, according to its website, is "a bipartisan coalition of governors committed to reducing greenhouse gas emissions consistent with the goals of the Paris Agreement."

This is what we need more of: bipartisan acknowledgement of our collective responsibility to protect our planet, and willing cooperation in taking action.

Kudos to California and other states for leading the way.

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Sue Rahr’s vision for police reform is bold, compassionate, and achievable.

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Starbucks Upstanders

​Is it possible to get to a place where police officers serve as guardians rather than warriors? Sue Rahr thinks so.

If we believe 1950s TV and Norman Rockwell, the local police department in America used to be a friendly part of the neighborhood.

Over the last few decades, that's changed dramatically. Crime rates are at their lowest in decades, but citizen distrust of the police has never been higher. Police departments are increasingly militarized, with weapons that wouldn't be out of place on a battlefield. While many police officers are just and fair protectors, some officers are guilty of racial profiling that unfairly targets young black men. Many citizens feel as if they're more likely to see police departments protect their own officers instead of real justice being served.

There are different ways of looking at the disconnect between the police and the public they are sworn to protect. One is to let it be and not acknowledge that something isn't right. Another is to admit that things are broken and embrace systemic reform.

A retired sheriff and the executive director of the Washington State Criminal Justice Training Commission, Sue Rahr walks the second path, attempting to change the system from within.

Watch the story:

Sue Rahr is a multi-term sheriff, and she's leading a change in the way cops are trained in Washington. A Starbucks original series.

Posted by Upworthy on Wednesday, September 21, 2016

Rahr served with Washington state's King County Sheriff's Office for 25 years before she was elected as the state's first female sheriff in 2005. Rahr retired after a dozen years in that role, but her work was far from over. In 2012 she started working with the Criminal Justice Training Commission, where she overhauled their training programs. By 2014, she was appointed to President Barack Obama's Task Force on 21st Century Policing, a role she served in until 2015.

Under Rahr's leadership, the training program for Washington state police recruits tries a different approach — based on Plato.

"In Plato's vision of a perfect society — in a republic that honors the core of democracy — the greatest amount of power is given to those called the Guardians. Only those with the most impeccable character are chosen to bear the responsibility of protecting the democracy," Rahr is quoted as saying in a report.

Retired Sheriff Sue Rahr. All images via Starbucks Upstanders, used with permission.

Before Rahr's tenure, the 10,000 police trainees who attended the Washington State Criminal Justice Training Commission each year would go through a five-month bootcamp-based program that was designed to make them into obedient warriors. It included, among other things, ritual public humiliation and physical punishments.

What sometimes resulted when officers were integrated into the community was predictable — and avoidable.

As Rahr wrote in a paper in 2015, "Despite the way they were treated during their training, we expect [officers] to treat the powerless people they encounter in the community with dignity and respect. Why are we then surprised when some officers treat both suspects and citizens with the disdain and detachment they saw modeled by those in power at the academy?"

A new graduate of the Washington state police training program celebrates with his family as Sue Rahr and others look on.

Under the new program, trainees are treated less like soldiers and more like team members. Instead of public humiliation by their commanding officers, they're given a pocket constitution to remind them of the social purpose of their role. The emphasis on physical training remains, but it is supplemented with responsible weapons training and new programs like LEED (Listen and Explain with Equity and Dignity) and Blue Courage, a self-care program designed to help officers manage stress and avoid burnout.  

This new way of training recruits is still in its early days. A five-year study to determine its effectiveness began in 2014 and won’t deliver results until 2020.

In the meantime, there are many challenges ahead, including from Rahr's fellow officers. When her new program was introduced, nearly half of the training staff quit in protest. In an interview with NPR, Rahr revealed that some officers and police administrators have refused to read the presidential task force report, let alone implement its recommendations. Still, Rahr isn't giving up.

Police reform is not going to be easy or quick. But Rahr's program shows that there is hope and that there are ways to change the system from within.

As Charlotte smoulders, and tensions are never higher, it is good to know that many people are thinking about ways we can move forward.

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