rape kit

In the 1970s, after the women's movement had gained its first traction, and the media began to cover the reporting of rape and other forms of sexual assault, a sexual assault survivor named Martha Goddard embarked upon a crusade to create a comprehensive rape evidence collection kit and lobby for its adoption by law enforcement agencies. The lack of standardized protocol for correctly collecting such evidence, and the lack of understanding of or sympathy for those suffering the psychological trauma of such crimes meant that such evidence, when it was collected, was not preserved in a way that maintained its integrity. Goddard founded the Chicago-based Citizens Committee for Victim Assistance to address the issue, researching the process by consulting with medical professionals, law enforcement officials, members of the justice system, and scholars. Through her friendship with businesswoman Christie Hefner, Goddard acquired funding for the kits from Playboy Foundation, the charity founded by Hefner's father, Playboy founder Hugh Hefner.

The kit was first utilized in September 1978, according to a 1980 Chicago Tribune article, when 26 Cook County hospital emergency rooms incorporated its use into their standard practice for gathering trace evidence when treating rape victims. It consisted of a cardboard box containing items including swabs, slides and a small comb, and instructions for using them. Less than two years later, 215 hospitals across Illinois were using it.

The kit became known as "Vitullo kit" after Chicago police sergeant Louis Vitullo, the Chicago crime lab's chief microanalyst who worked on high-profile cases. This designation came about at Vitullo's insistence because, according to Vitullo's colleague, Marian Caporusso, forensic experts had "the final say-so for a lot of the design features." As a result, the press described the effort to create and implement the kits as a collaboration between Vitullo and Goddard.

Based upon the effective use of the kits in Chicago, New York City adopted Goddard's kit system in 1982. In 1984, Goddard gave a presentation about the Chicago pilot project at an FBI conference. Based on her presentation, the Department of Justice provided Goddard with funding to travel to help other states begin their own rape kit pilot programs.

In a 2003 interview, Goddard related that through her work in a Chicago teen crisis center, she learned about the very low rate at which rapes resulted in prosecutions.

File:Medical professionals learn how to use the Sexual Assault Evidence Collection kit at Camp Phoenix near Kabul, Afghanistan, Aug. 15, 2010 100815-A-GY802-017.jpg

A rape kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, blood, semen or body fluid.

Rape kits vary by location, but commonly include the following items:{{cite news |last=Hess |first=Amanda |date=April 9, 2010 |url=http://www.washingtoncitypaper.com/articles/38671/test-case-youre-not-a-rape-victim-unless-police-say/page2/ |title=Test Case: You're Not a Rape Victim Unless Police Say So |archive-url=https://web.archive.org/web/20100504134654/http://www.washingtoncitypaper.com/articles/38671/test-case-youre-not-a-rape-victim-unless-police-say/page2 |archive-date=2010-05-04 |work=Washington City Paper |page=2 of 3 }}{{cite web|publisher=Pentok|url=http://www.pentok.co.uk/products/?item=K005|title=Vaginal swab kit|archive-url=https://web.archive.org/web/20150620161953/http://www.pentok.co.uk/products/?item=K005 |archive-date=June 20, 2015}}

• Instructions
• Bags and sheets for evidence collection
• Swabs for collecting fluids from the lips, penile opening, cheeks, thighs, vagina, anus, and buttocks
• Sterile urine collection containers
• Sterile sample containers
• Blood collection devices
• Comb used to collect hair and fiber from the victim's body
• Clear glass slides
• Self-sealing envelopes for preserving the victim's clothes, head hair, pubic hair, and blood samples
• Nail pick for scraping debris from beneath the nails
• White sheets to catch physical evidence stripped from the body
• Documentation forms
• Labels
• Sterile water and saline

Rape kit examinations are performed by medical professionals, most commonly physicians and nurses.{{cite journal|last1=Jones|first1=Helen|title=Rape kit.|journal=Salem Press Encyclopedia of Science|date=January 2015}} In some locations, examiners have received special training on performing sexual assault forensic exams. For example, many hospitals and health facilities in the United States and Canada have Sexual Assault Nurse Examiners (SANEs) who are trained to collect and preserve forensic evidence and to offer emotional support to the victim.{{cite web|title=What Is a Rape Kit?|url=https://rainn.org/get-information/sexual-assault-recovery/rape-kit |publisher=Rape, Abuse & Incest National Network (RAINN) |access-date=12 May 2016}} According to the International Association of Forensic Nurses, the number of SANE programs has steadily increased throughout the world since its introduction in the United States in the 1970s.{{cite web|title=SANE Program Listing|url=http://www.forensicnurses.org/?page=a5|website=International Association of Forensic Nurses|access-date=14 May 2016}} As of 2016, over 700 SANE programs exist in the United States, Canada, and Australia. SANEs were introduced in the United Kingdom in 2001.{{cite journal|last1=Cowley|first1=R.|last2=Walsh|first2=E.|last3=Horrocks|first3=J.|title=The role of the Sexual Assault Nurse Examiner in England: nurse experiences and perspectives|journal=Journal of Forensic Nursing|date=2014|volume=10|issue=2|pages=77–83|doi=10.1097/JFN.0000000000000026|pmid=24847871|s2cid=36184416}} Japan has had a limited number of SANEs since as early as 2007.{{cite journal|last1=Mclean|first1=Ian|last2=L'Heureux|first2=Stephan|title=Sexual assault aftercare services in Japan and the UK|journal=Japan Forum|date=2007|volume=19|issue=2|pages=239–256|doi=10.1080/09555800701422852|s2cid=144123086}}

The process of collecting a rape kit is highly invasive and extremely time-consuming.{{cite web|title=Here's What Happens When You Get a Rape Kit Exam|url=https://time.com/3001467/heres-what-happens-when-you-get-a-rape-kit-exam/|magazine=Time|author=Alter, Charlotte|date=July 17, 2014|access-date=April 22, 2018}} The physical examination begins with the victim disrobing while standing on a large sheet of butcher paper, which collects any trace evidence that may fall from the victim's body or clothes. The victim's clothing is carefully examined for trace evidence before each garment is individually packaged with sheets of paper between folds to protect against cross-contamination.{{cite book|last1=Baker|first1=Thomas E.|last2=Roberts|first2=James C.|title=Rape (forensics)|date=March 2015|publisher=Salem Press Encyclopedia}}

Examiners then collect biological samples of semen, blood, saliva and other bodily fluids by swabbing the victim's genitals, rectum, mouth and body surfaces.{{cite journal|last1=Ort|first1=Jennifer A.|title=The Sexual Assault Nurse Examiner|journal=The American Journal of Nursing|date=September 2002|volume=102|issue=9|pages=24GG–24LL|jstor=3522934|doi=10.1097/00000446-200209000-00026}} Examiners also collect fingernail scrapings and pluck head and pubic hairs. If the facility has the means, and the victim consents, the examiner will also take photographs of genital injuries using a colposcope.

In addition to facilitating the collection of biological samples and injuries, the kit guides the documentation of the victim's medical history, emotional state, and account of the assault. The entire process of collecting the rape kit takes between 2.5 and 5 hours to complete.{{cite journal|last1=Parnis|first1=Deborah|title=Examining the Standardized Application of Rape Kits: An Exploratory Study of Post-Sexual Assault Professional Practices|last2=Janice|first2=Du Mont|journal=Health Care for Women International|date=December 2002|volume=23|issue=8|pages=846–853|pmid=12487699|doi=10.1080/07399330290112362|s2cid=37012778}}{{cite web|last1=Ledray|first1=L.|title=Sexual Assault Nurse Examiner (SANE) Development and Operation Guide|url=http://www.ol.usdol.gov/ovc/publications/infores/sane/sanequide.ixt|publisher=Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.|location=Washington DC|date=1999}}{{dead link|date=April 2018 |bot=InternetArchiveBot |fix-attempted=yes }}{{cite news |last=Hess |first=Amanda |date=April 7, 2010 |url=http://www.washingtoncitypaper.com/blogs/sexist/2010/04/07/whats-in-a-rape-kit/ |title=What's In A Rape Kit? |work=Washington City Paper }} While the exam is going on, the victim has the right at any point to ask questions or stop the examination completely.

Upon completion, the rape kit is sealed and typically transferred to local law enforcement. In the United States, if the victim is undecided about reporting the rape, the kit may instead be stored at the exam facility or a law enforcement facility as an "anonymous" kit.{{cite web|title=Sexual Assault Kit Testing: What Victims Need to Know|url=http://victimsofcrime.org/docs/default-source/dna-resource-center-documents/dna-sak-victim-brofinal.pdf?sfvrsn=2|website=VictimsOfCrime.org|publisher=The National Center for Victims of Crime|access-date=2016-05-21|archive-date=2020-01-18|archive-url=https://web.archive.org/web/20200118040342/https://victimsofcrime.org/docs/default-source/dna-resource-center-documents/dna-sak-victim-brofinal.pdf?sfvrsn=2|url-status=dead}}

The law enforcement agency conducting the rape investigation can send the rape kit, in whole or in part, to the forensic science crime lab for analysis. Forensic scientists will try to develop a DNA profile of the assailant using the samples collected in the rape kit. If successful, the crime lab will search the DNA profile against the DNA profiles of convicted offenders and other crime scenes using a DNA database. For example, crime labs in the United States run DNA profiles through the three-tiered Combined DNA Index System (CODIS), which was developed in 1990 and contains DNA profiles at the national, state, and local levels.{{cite book|last1=Lenz|first1=Erin J.|last2=Foran|first2=David R.|title=Combined DNA Index System (CODIS)|date=January 2015|publisher=Salem Press Encyclopedia of Science}} Similarly, the need to solve sexual assault crimes in Brazil led the Forensic DNA Research Institute of Federal District Civil Police to create a DNA database in 1998 containing evidence specifically collected in sexual assault cases. DNA matches in such databases not only aid in identifying the assailant where unknown to the victim, but also may help determine whether the assailant (known or unknown to the victim) is a serial rapist. These findings eventually may be made available for use in court.

In some cases, the rape kit does not yield DNA evidence and the forensic scientist is unable to develop a DNA profile of the assailant. This may be because the assailant did not leave DNA behind, or too much time passed before the victim had a rape kit exam performed, or the rape kit evidence may have been improperly collected, stored or handled.{{cite web|title=Frequently Asked Questions |publisher=Forensics for Survivors|url=http://www.surviverape.org/forensics/sexual-assault-forensics/answers-to-faq|access-date=April 22, 2018}} Due to the backlog of sexual assault cases, forensic scientists have been challenged with the task of determining how to process the sexual assault kits effectively and within the statute of limitation on assaults.{{cite journal |url=http://doi.org/10.1111/1556-4029.13739 |doi=10.1111/1556-4029.13739 | title=Analyzing Approaches to the Backlog of Untested Sexual Assault Kits in the U.S.A. |date=2018 |last1=Wang |first1=Can |last2=Wein |first2=Lawrence M. |journal=Journal of Forensic Sciences |volume=63 |issue=4 |pages=1110–1121 |pmid=29505678 |doi-access=free }}

Damaged evidence is something that is common among rape kits because survivors of sexual assault typically desire to wash themselves as soon as possible following an attack. Prior to the exam, it is desired that patients avoid using the rest room, combing their hair, bathing, changing their clothes or cleaning up the scene of the assault. Most evidence needs to be collected within 72 hours to be viable, and patients are advised to either bring or wear the clothing they had on when attacked to the exam.

Rape kit evidence can aid the criminal rape investigation and the prosecution of a suspected assailant. It may also be used to exonerate the wrongly accused.{{cite journal|last1=Campbell|first1=R.|last2=Feeney|first2=H.|last3=Pierce|first3=S. J.|last4=Sharma|first4=D. B.|last5=Fehler-Cabral|first5=G.|title=Tested at Last: How DNA Evidence in Untested Rape Kits Can Identify Offenders and Serial Sexual Assaults|journal=Journal of Interpersonal Violence|volume=33|issue=24|pages=3792–3814|date=March 27, 2016|issn=1552-6518|doi=10.1177/0886260516639585|pmid=27021733|s2cid=32860558}} The benefit of rape kit evidence depends in part on the character of the assault.{{citation needed|date=April 2018}}

In stranger sexual assault cases, the assailant is unknown to the victim. In such cases, rape kits may be instrumental in identifying the assailant through DNA profiling, which research suggests may help lead to an arrest. For example, a 2009 study examining sexual assault cases from two of 389 crime laboratories in the United States found that stranger-rape cases with forensic evidence were 24 times more likely to produce an arrest than stranger-rape cases without forensic evidence.{{cite journal|last1=Sommers|first1=Ira|last2=Baskin|first2=Deborah|title=The Influence of Forensic Evidence on the Case Outcomes of Rape Incidents|journal=The Justice System Journal|date=2011|volume=32|issue=3|pages=314–334|jstor=23268706}}

Stranger cases can take a longer time to identify the perpetrator because without forensic evidence, the case becomes significantly more difficult to prosecute. This is one of the main problems that many victims face when coming forward that they had been raped.{{cite journal|last1=LeBeau|first1=James|title=Patterns of Stranger and Serial Rape Offending: Factors Distinguishing Apprehended and at Large Offenders|journal=Journal of Criminal Law and Criminology|date=1987|volume=78|issue=2|pages=309–326|doi=10.2307/1143451|jstor=1143451|url=https://scholarlycommons.law.northwestern.edu/jclc/vol78/iss2/4|url-access=subscription}}

The vast majority of sexual assaults are non-stranger (or "acquaintance") cases where the victim knows the assailant.{{rp|331}}{{rp|256}} While identifying a suspect is not at issue, the kit's forensic evidence can be used to confirm offender identity in acquaintance rape cases. The kits may also be used to determine whether the offender committed other crimes.

In many acquaintance sexual assault cases, the accused assailant will defend the accusations as consensual encounters.{{rp|331}} In such cases, rape kit evidence that documents the victim's injuries, e.g., photographs of bruising, is a useful tool to corroborate allegations of non-consensual sexual contact. In cases where the victim suffers a serious injury, filing charges and reaching convictions is more likely.{{cite journal|last1=Sommers|first1=Ira|last2=Baskin|first2=Deborah|title=The Influence of Forensic Evidence on the Case Outcomes of Rape Incidents|journal=The Justice System Journal|date=2011|volume=32|issue=3|pages=314–334|jstor=23268706|quote=The present study also confirms prior research that shows a greater likelihood of filing a charge and reaching a conviction when injuries suffered by the victim are serious (Frazier and Haney, 1996; Spohn, Beichner, and Davis-Frenzel, 2001; Spohn and Holleran, 2001; McGregor et al., 2002; Ingemann-Hansen et al., 2008).}}

In other acquaintance cases, the assailant may deny that sexual intercourse occurred at all. In such cases, specimens that show either sperm or specific enzymes that are unique to seminal fluid (enzymes prostatic acid phosphates or acid phosphatase) can be used to prove sexual contact.

Serial rape is defined as an assailant that has raped two or more victims.{{cite journal|last1=de Heer|first1=Brooke|title=A Snapshot of Serial Rape An Investigation of Criminal Sophistication and Use of Force on Victim Injury and Severity of the Assault|journal=Journal of Interpersonal Violence|date=February 2016|volume=31|issue=4|pages=598–619|doi=10.1177/0886260514556110|pmid=25466982|s2cid=145106875}} Serial rape may involve sexual partner violence or non-partner sexual violence, and it may be in the same family, in the same or different regions of a city, or in different cities or states.{{cite journal|last1=Ferreira|first1=Samuel T.G.|last2=Paula|first2=Karla A.|last3=Maia|first3=Flávia A.|last4=Svidizinski|first4=Arthur E.|last5=Amaral|first5=Marinã R.|last6=Diniz|first6=Silmara A.|last7=Siqueira|first7=Maria E.|last8=Moraes|first8=Adriana V.|title=The use of DNA database of biological evidence from sexual assaults in criminal investigations: A successful experience in Brasília, Brazil|journal=Forensic Science International: Genetics Supplement Series|volume=5|date=2015|pages=595–597|doi=10.1016/j.fsigss.2015.09.235|doi-access=free}} DNA collected by rape kits can help lead to identifying and arresting a person guilty of serial rape.

In both stranger and non-stranger sexual assault cases, DNA testing of rape kit evidence and DNA database hits help identify serial sexual assaults. For example, a 2016 study of 900 previously untested rape kits in Detroit, Michigan found 259 CODIS hits, which included stranger and non-stranger sexual assault DNA profiles. Sixty-nine of the hits were serial sexual assault hits, 15 of which were acquaintance (non-stranger) sexual assault cases.

In a study analyzing the status of Brazil's DNA database in 2015, researchers found 223 matches related to 78 serial rapists. At the time, the DNA database contained 650 profiles from one type of analysis of samples collected in rape kits—male autosomal STR profiles—and 420 profiles from a second type of analysis—complete 23Y-STR profiles.

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Rape kit backlog refers to the problem of untested sexual assault kits.{{cite journal|last1=Campbell|first1=Rebecca|last2=Feeney|first2=Hannah|last3=Fehler-Cabral|first3=Giannina|last4=Shaw|first4=Jessica|last5=Horsford|first5=Sheena|title=The National Problem of Untested Sexual Assault Kits (SAKs): Scope, Causes, and Future Directions for Research, Policy, and Practice|journal=Trauma, Violence, & Abuse|volume=18|issue=4|date=December 23, 2015|pages=363–376|doi=10.1177/1524838015622436|pmid=26698602|s2cid=35057287}} The problem is twofold: it involves both the issue of rape kits not being submitted to crime labs for testing and the related issue of crime labs not having enough resources to test all of the submitted kits.{{cite web|title=Addressing the Rape Kit Backlog|url=https://rainn.org/public-policy/legislative-agenda/fighting-sexual-violence-with-DNA |publisher=Rape, Abuse & Incest National Network (RAINN) |access-date=13 May 2016}}

One cause of the backlog of rape kits being tested is detectives and/or prosecutors failing to request a DNA analysis. When someone fails to request a DNA analysis, the kit sits in a police evidence storage facility untested. A rape kit is considered backlogged when it is not submitted for analysis within 10 days of the evidence being submitted. A second cause of the backlog is crime laboratory facilities receiving the rape kits and not testing them in a timely manner. The Joyful Heart Foundation, an anti-sexual violence charity founded by actress and activist Mariska Hargitay, considers these kits backlogged when the kit is not analyzed within 30 days of it being sent to the lab.

Conservative estimates indicate there are 200,000–400,000 untested rape kits in U.S. police departments, and large stockpiles of kits have been documented in over five dozen jurisdictions, sometimes totaling more than 10,000 untested rape kits in a single city. The federal DNA Initiative has helped state as well as local governments to increase the ability of their DNA laboratories and decrease backlogs.{{Cite journal|url=http://victimsofcrime.org/docs/dna-resource-center-documents/making-sense-of-dna-backlog---myths-vs-reality-(2010).pdf|title=Making Sense of DNA Backlogs-- Myths vs. Reality|last=Nelson|first=Mark|date=2010|number=266|journal=NIJ Journal|publisher=National Institute of Justice/United States Department of Justice; archived at National Center for Victims of Crime|location=Washington, D.C.|archive-url=https://web.archive.org/web/20151123161425/http://victimsofcrime.org/docs/dna-resource-center-documents/making-sense-of-dna-backlog---myths-vs-reality-(2010).pdf|archive-date=November 23, 2015|access-date=April 24, 2018}} The actual number of untested rape kits is undefined {{asof|2015|lc=y}} because there is no nationwide system set up to keep track of the cases. This can be attributed to the lack of a common definition of backlog, which can relate to cases not worked within a month of submission, or cases that have not been submitted to the forensic labs for analysis.{{cite journal |doi=10.1016/j.fsisyn.2020.10.003 |title=Backlogs are a dynamic system, not a warehousing problem |date=2020 |last1=Houck |first1=Max M. |journal=Forensic Science International: Synergy |volume=2 |pages=317–324 |pmid=33225253 |pmc=7662868 }}

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In some locations, rape kits are destroyed before ever being tested and sometimes without notifying the victim. For victims of sexual assault in the United States, for example, the length of time for which a kit can go untested may be shorter than the statute of limitations. Policies in some jurisdictions, such as Massachusetts, instruct that rape kits be destroyed as early as six months after they are initially stored. A 2016 HuffPost report stated that it was not uncommon for labs to dispose of untested kits, sometimes illegally, in Colorado, Kentucky and North Carolina. As of 2016, no U.S. state provides a right to retain a rape kit until the expiration of the statute of limitations, and only six states and Washington, D.C., provide a right for the prompt testing of a kit.{{cite news|last1=Kingkade|first1=Tyler|title=Some States Throw Untested Rape Kits In The Trash. These Survivors Want To Change That.|url=http://www.huffingtonpost.com/entry/untested-rape-kits-in-trash_us_56cb4e5ee4b041136f17b087|website=HuffPost|language=en-US|url-status=live|date=February 24, 2016|access-date=June 5, 2023|archive-date=February 24, 2016|archive-url=https://web.archive.org/web/20160224012634/http://www.huffingtonpost.com/entry/untested-rape-kits-in-trash_us_56cb4e5ee4b041136f17b087}} By contrast, the shortest statute of limitations in the US is three years, though many states do not have a statute of limitations for rape.{{cite news|last1=Smith|first1=Jordan Michael|last2=AJ|first2=Vicens|title=Map: How Long Does Your State Give Rape Survivors to Pursue Justice?|url=https://www.motherjones.com/politics/2014/11/rape-statutes-of-limitation-maps-table|magazine=Mother Jones|access-date=May 22, 2016|date=November 24, 2014}} Some states, including Washington and Idaho, have legislation in place that requires a tracking system allowing law enforcement, medical facilities, and survivors to check the status of kits throughout the entire process, from collection to analysis and final disposition, and for survivors to be notified if a decision is made not to test a kit or to its destruction.{{cite web|title=Drafter's Checklist for Rape Kit Reform|url=http://www.endthebacklog.org/ending-backlog-government-responses-state/drafters-checklist-rape-kit-reform|website=End the Backlog|publisher=Joyful Heart Foundation|language=en|access-date=April 24, 2018|archive-url=https://web.archive.org/web/20180201192024/http://www.endthebacklog.org/ending-backlog-government-responses-state/drafters-checklist-rape-kit-reform|archive-date=February 1, 2018}}{{Cite book|url=http://www.endthebacklog.org/legislative-handbook|title=Comprehensive Rape Kit Reform: A Legislative Handbook|publisher=Joyful Heart Foundation|date=November 2017|archive-url=https://web.archive.org/web/20180424170243/http://www.endthebacklog.org/sites/default/files/Legislative_Handbook_November_2017.pdf|archive-date=April 24, 2018}}

Victims' access to rape kits is often limited. In many locations, the non-availability of rape kits prevents victims from obtaining medico-legal evidence that would otherwise aid in the criminal investigation and prosecution of their assailant. In Nigeria, for example, a study analyzing sexual assault in Ile-Ife found that the majority of victims went to the hospital within 24 hours of a sexual assault, but did not receive a forensic medical examination because rape kits have yet to be introduced in the country.{{cite journal|last1=Badejoko|first1=Olusegun|last2=Anyabolu|first2=Henry|last3=Badejoko|first3=Bolaji|last4=Ijarotimi|first4=Adebimpe|last5=Kuti|first5=Oluwafemi|last6=Adejuyigbe|first6=Ebunoluwa|title=Sexual assault in Ile-Ife, Nigeria|journal=Nigerian Medical Journal|date=2014|volume=55|issue=3|pages=254–259|doi=10.4103/0300-1652.132065|pmid=25013260|pmc=4089057 |doi-access=free }}

In locations where rape kits are available, a lack of trained examiners may still impede the ability of victims to undergo timely sexual assault examinations.{{cite journal|last1=Swan|first1=Sarah|title=Triangulating Rape|journal=NYU Review of Law & Social Change|date=2013|volume=37|pages=403–455}} Shortages force victims to wait hours for an exam or to travel long distances in order to have a rape kit performed within the recommended 72 hour timeframe.{{cite news|last1=Kane|first1=Laura|title=Rape kit inaccessibility a hurdle to justice for victims in Canada, say advocates|url=http://www.ctvnews.ca/canada/rape-kit-inaccessibility-a-hurdle-to-justice-for-victims-in-canada-say-advocates-1.2605929|access-date=13 May 2016|agency=CTV News|publisher=The Canadian Press|date=October 12, 2015}}{{cite news|last1=Paquette|first1=Danielle|title=You have to drive an hour for a rape kit in rural America|url=https://www.washingtonpost.com/news/wonk/wp/2016/04/19/you-have-to-drive-an-hour-for-a-rape-kit-in-rural-america/|access-date=May 14, 2016|newspaper=The Washington Post|date=April 19, 2016}} These effects have been seen in Canada and rural areas in the United States, where the shortage of examiners has recently been identified.{{cite report |work=United States Government Accountability Office|id=GAO-16-334|title=Sexual Assault: Information on Training, Funding, and the Availability of Forensic Examiners|url=http://www.gao.gov/assets/680/675879.pdf |access-date=14 May 2016 |date=March 2016}}

Insufficiently trained examiners may also lead to deficiencies in rape kits. A study of rape kit collection in South Africa found that rape kits were sometimes inappropriately used, missing proper specimens, or missing necessary forms.{{cite journal|last1=Jina|first1=Ruxana|last2=Jewkes|first2=Rachel|last3=Christofides|first3=Nicola|last4=Smith|first4=Joe H.|title=Recovering of DNA evidence after rape|journal=The South African Medical Journal|date=2011|volume=101|issue=10|pages=758–759|pmid=22272857|url=http://www.samj.org.za/index.php/samj/article/view/4740/3585}} The study recommended improved training of health care workers to overcome these deficiencies.

The cost of rape kits is a barrier to use in many locations where the victim is billed for the collection of forensic evidence. Collecting a rape kit reportedly costs upwards of $1,000.{{cite news|last1=Caplan-Bricker|first1=Nora|title=Rape Victims Are Still Being Charged for Rape Kits|url=http://www.slate.com/articles/double_x/doublex/2015/12/rape_victims_are_still_being_charged_for_rape_kits.html|access-date=May 14, 2016|magazine=Slate|date=December 22, 2015}} In some countries, reimbursement for the cost is contingent on the victim reporting the crime to police. In Japan, for example, a sexual assault victim must pay for the rape kit upfront, but police will reimburse medical fees if the victim reports the assault.{{cite journal|last1=Mclean|first1=Iain|last2=L'Heureux|first2=Stephan|title=Sexual assault aftercare services in Japan and the UK|journal=Japan Forum|date=2007|volume=19|issue=2|pages=239–256|doi=10.1080/09555800701422852|s2cid=144123086}}

Victims of sexual assault in the United States faced similar hurdles until the 2005 reauthorization of Violence Against Women Act (VAWA), which requires states to pay for the cost of the rape kit regardless of the victim's decision to report the assault to the police.{{cite journal|last1=Corrigan|first1=Rose|title=The New Trial by Ordeal: Rape Kits, Police Practices, and the Unintended Effects of Policy Innovation|journal=Law & Social Inquiry|date=2013|volume=38|issue=3|page=937|doi=10.1111/lsi.12002|s2cid=142975163}} Under the more recent 2013 VAWA reauthorization, which took effect in March 2015, victims also cannot be required to pay the upfront cost of the exam. States may still require victims to submit claims for the rape kit exams to their personal insurance providers, as long as they are not billed for a deductible or a copay.{{cite web|title=Frequently Asked Questions (FAQs) About STOP Formula Grants|url=https://www.justice.gov/sites/default/files/ovw/legacy/2014/02/06/consolidated-stop-faqs-bla.pdf|publisher=United States Department of Justice: Office on Violence Against Women|access-date=May 21, 2016|date=February 2014}}{{update inline|date=June 2023|reason=VAWA was reauthorized again in 2022.}} In the United States, several organizations have pledged millions of dollars in grants to help fund the analysis of rape kits in forensic laboratories.{{cite journal |doi=10.1016/j.forsciint.2019.03.031 |title=DNA testing in sexual assault cases: When do the benefits outweigh the costs? |date=2019 |last1=Davis |first1=Robert C. |last2=Wells |first2=William |journal=Forensic Science International |volume=299 |pages=44–48 |pmid=30954627 }}

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In the Republic of Ireland, victims of rape and sexual assault receive a forensic exam in a Sexual Assault Treatment Unit (SATU).{{Cite web|url=https://www2.hse.ie/services/sexual-assault-treatment-units/forensic-exam.html|title=Forensic exam after a rape or sexual assault|website=www2.hse.ie}} Evidence is sent to Forensics Science Ireland (FSI), based in the Phoenix Park. At the end of 2018, there was a backlog of 70 cases, and it was taking up to a year for results to be released.{{Cite web|url=https://www.thejournal.ie/rape-cases-delay-4487757-Feb2019/|title=Delays at forensic lab mean rape victims have to wait longer for cases to progress|first=Garreth|last=MacNamee|website=TheJournal.ie|date=16 February 2019 }}

In Mexico, sexual assault victims make up almost half of all women.{{Cite web |date=2023-04-19 |title=“I Don’t Want to Disappear”: How Mexico’s Criminal Violence Reshapes Women’s Lives {{!}} Crisis Group |url=https://www.crisisgroup.org/latin-america-caribbean/mexico/i-dont-want-disappear-how-mexicos-criminal-violence-reshapes-womens-lives |access-date=2025-04-03 |website=www.crisisgroup.org |language=en}} Rape is legally defined by a use of force rather than a lack of consent. {{Cite web |date=2024-01-23 |title=Weak legal protections and inadequate funding put women and girls in Mexico at greater risk of sexual violence |url=https://equalitynow.org/press_release/weak-legal-protections-and-inadequate-funding-put-women-and-girls-in-mexico-at-greater-risk-of-sexual-violence/ |access-date=2025-04-03 |website=Equality Now |language=en-US}} Reporting and documenting physical displays of violence is therefore essential for the persecution of the abuser. The persecution office of the report will ask for a gynecological and psychological evaluation. Medical examinations must be made within 72 hours of the assault. {{Cite web |date=2024-01-23 |title=Weak legal protections and inadequate funding put women and girls in Mexico at greater risk of sexual violence |url=https://equalitynow.org/press_release/weak-legal-protections-and-inadequate-funding-put-women-and-girls-in-mexico-at-greater-risk-of-sexual-violence/ |access-date=2025-04-03 |website=Equality Now |language=en-US}} Under the Mexican law, sexual assault victims have the right to bring one other person with them to file this report. However, it is estimated that the majority of sexual assaults go unreported.{{Cite web |date=2024-01-23 |title=Weak legal protections and inadequate funding put women and girls in Mexico at greater risk of sexual violence |url=https://equalitynow.org/press_release/weak-legal-protections-and-inadequate-funding-put-women-and-girls-in-mexico-at-greater-risk-of-sexual-violence/ |access-date=2025-04-03 |website=Equality Now |language=en-US}} Specialised prosecution offices exist in Mexico for crimes of violence against women (fiscalías especializadas) and Centres for Women’s Justice (Centros de Justicia para las Mujeres).{{Cite web |date=2023-04-19 |title=“I Don’t Want to Disappear”: How Mexico’s Criminal Violence Reshapes Women’s Lives {{!}} Crisis Group |url=https://www.crisisgroup.org/latin-america-caribbean/mexico/i-dont-want-disappear-how-mexicos-criminal-violence-reshapes-womens-lives |access-date=2025-04-03 |website=www.crisisgroup.org |language=en}}

In the United States, rape kit costs, availability, proper implementation of the invasive exam, and backlogs have historically presented problems for victims of rape seeking justice.{{cite news |last=Carmon |first=Irin |url=https://www.jezebel.com/the-shocking-numbers-on-untested-rape-kits-5610550 |title=The Shocking Numbers on Untested Rape Kits |work=Jezebel |date=August 12, 2010 |access-date=28 August 2024 }}"Hargitay's Joyful Heart". TV Guide. October 18, 2010. Page 4.[https://www.hrw.org/en/node/81825/section/2 "Testing Justice"]. Human Rights Watch. May 31, 2009

As of May 2009 the federal Violence Against Women Act of 2005 went into effect, requiring state governments who wish to continue receiving federal funding to pay for "Jane Doe rape kits" or "anonymous rape tests". These tests allow victims too traumatized to go to the police to undergo the procedure at hospitals. The hospitals maintain the collected evidence in a sealed envelope identified only by a number, unless police access its contents upon the victim's decision to press charges. While the practice had been recommended by the Federal Bureau of Investigation since at least 1999, and was already followed at some health clinics, colleges and hospitals, and in the state of Massachusetts, many jurisdictions up until then refused to pay the estimated $800 cost of the rape examination without a police report filed by the victim.{{cite news | last = Wyatt | first = Kristen |title=Anonymous Rape Tests Are Going Nationwide|publisher =ABC News |agency=Associated Press |date=May 13, 2008|url=https://abcnews.go.com/Health/Story?id=4847901&page=1 | access-date = January 28, 2008}}

In 2011, the National Institute of Justice published a report, The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, providing an overview of deep problems nationwide and the contributing factors to ongoing bureaucratic difficulties. These backlogs and delays may lead to a lack of justice for victims, the report notes, and "in worst-case scenarios...lead to additional victimization by serial offenders or the incarceration of people wrongly convicted of a crime". Findings include:{{cite web |author=Larsen, Rozanne|url=http://journalistsresource.org/studies/government/criminal-justice/unanalyzed-evidence-sexual-assault-cases/ |title =The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases|publisher = Journalist's Resource|date=August 5, 2011}}

1. As an indicator of how widespread this problem has become, "18 percent of unsolved alleged sexual assaults that occurred from 2002 to 2007 contained forensic evidence that was still in police custody (not submitted to a crime lab for analysis)"
2. One major challenge is that 43% of law enforcement agencies "do not have a computerized system for tracking forensic evidence, either in their inventory or after it is sent to the crime lab"
3. On average, 50–60% of kits test positive for biological material that does not belong to the victim
4. Survey responses indicated that there may be some misunderstanding of the value of biological evidence. Forty-four percent of the law enforcement agencies said that one of the reasons they did not send evidence to the lab was that a suspect had not been identified. Fifteen percent said that they did not submit evidence because "analysis had not been requested by a prosecutor".

The federal government established the Combined DNA Index System (CODIS) to share DNA matches among federal, state and local jurisdictions. The federal DNA Analysis Backlog Elimination Act of 2000 and Debbie Smith Act authorizations in 2004 and 2008 provide additional funding to state and local jurisdictions to help clear their rape kit testing backlogs. As of 2014, the federal government estimates a nationwide backlog of 400,000 rape kits, including many from the 1990s when evidence was collected but not tested for DNA due to high costs and more primitive techniques available at the time.{{cite web |url= https://www.npr.org/templates/transcript/transcript.php?storyId=266275211 |title= Tested At Last, Rape Kits Give Evidence To Victims' Stories |author=McEvers, Kelly|work=All Things Considered|publisher=NPR|date= January 26, 2014| access-date= April 22, 2018|author-link= McEvers, Kelly }}

According to a 2009 report by Human Rights Watch, Los Angeles, California has the largest known rape kit backlog in the United States, with at least 12,669 languishing in storage facilities of the Los Angeles Police Department, Los Angeles County Sheriff's Department, and 47 independent police departments in Los Angeles County, and "smaller, but not inconsiderable" backlogs residing at police crime labs. These backlogs consist of both kits stored in evidence storage facilities, for which DNA analysis is not requested by investigating detectives, and those submitted for testing at crime lab facilities, but which have not been tested in a timely manner. Although authorities have struggled to address the backlog problem, their attempts have reportedly been hampered by funding issues and politics. As a consequence of these backlogs, assault survivors are often not informed of the status of their rape kit or their case.

Across Illinois, where law enforcement and prosecutors handle sex crimes differently, a police backlog of nearly 8,000 rape kits accumulated between 1995 and 2009, only 20% of which were tested. Effective September 1, 2010, The Illinois Senate's Sexual Assault Submissions Act (Senate Bill 3269) requires law enforcement agencies to submit all evidence collected by rape kits for laboratory analysis within 180 days after the effective date of October 15, 2010, with a written notice to the State Police. Illinois was the first state to adopt such a law, setting a precedent for other states to follow. As of January 1, 2011, the Illinois House of Representatives Bill 5976 addresses victims' confidentiality rights and the timely processing of rape kit evidence. Both bills passed the Illinois General Assembly unanimously, and were signed by Governor Pat Quinn.[https://portal.chicagopolice.org/portal/page/portal/ClearPath/News/Statistical%20Reports/Index%20Crime%20Statistics/2010%20Index%20Crime%20Statistics/mcsAug10.pdf "Crime Summary: Chicago January-August 2010"] {{Webarchive|url=https://web.archive.org/web/20110725164121/https://portal.chicagopolice.org/portal/page/portal/ClearPath/News/Statistical%20Reports/Index%20Crime%20Statistics/2010%20Index%20Crime%20Statistics/mcsAug10.pdf |date=2011-07-25 }}. Chicago Police Department. 2010. Retrieved April 22, 2018.Hutchinson, Toi W.; McAsey, Emily (2010). [http://legislative.iml.org/page.cfm?key=4404 "SB 3269 - Sexual Assault Evidence Submission Act"]. 2010. Illinois Municipal League.Ruben, Susan (October 6, 2010). [http://msmagazine.com/blog/blog/2010/10/06/rape-kit-backlog-hits-primetime-on-svu/ "Rape Kit Backlog Hits Primetime SVU"]. Ms. Magazine.{{cite web |last=Madigan |first=Lisa |author-link=Lisa Madigan |date=2010 |url=http://www.illinoisattorneygeneral.gov/communities/index.html |title=Keeping Communities Safe |archive-url=https://web.archive.org/web/20101215185342/http://illinoisattorneygeneral.gov/communities/somb/sexassault.chicago.html |archive-date=2010-12-15 |work=Illinois Attorney General}}{{Cite web |url=http://illinoisattorneygeneral.gov/communities/somb/sexassault.chicago.html |title=Illinois Attorney General - Sexual Assault in Chicago - General Statistics Chicago |access-date=April 10, 2018 |archive-date=December 15, 2010 |archive-url=https://web.archive.org/web/20101215185342/http://illinoisattorneygeneral.gov/communities/somb/sexassault.chicago.html |url-status=dead }}

In New York State, a rape kit is also known as Sexual Offense Evidence Collection (SOEC) kit.[http://criminaljustice.state.ny.us/ofpa/evidencekit.htm NYS Sexual Offense And Drug Facilitated Sexual Assault Evidence Collection Kits/Training Video] {{webarchive|url=https://web.archive.org/web/20071227021933/http://www.criminaljustice.state.ny.us/ofpa/evidencekit.htm |date=2007-12-27 }} New York State Division of Criminal Justice Services; Accessed October 13, 2010 As of 1999, New York City in particular held nearly 17,000 untested rape kits, which were eventually eliminated with outside labs. In 2007, the city opened a $290 million forensic biology lab. In 2015, the New York County District Attorney's Office announced that they would be awarding $38 million in grants to jurisdictions across the country in order to test backlogged rape kits.{{cite press release|author=Vance, Cyrus Jr.|title=District Attorney Vance Awards $38 Million in Grants to Help 32 Jurisdictions in 20 States Test Backlogged Rape Kits|url=http://manhattanda.org/press-release/district-attorney-vance-awards-38-million-grants-help-32-jurisdictions-20-states-test- |publisher=New York County District Attorney|date=September 10, 2015|access-date=April 22, 2018|author-link=Vance, Cyrus Jr|archive-date=January 17, 2018|archive-url=https://web.archive.org/web/20180117222526/http://manhattanda.org/press-release/district-attorney-vance-awards-38-million-grants-help-32-jurisdictions-20-states-test-|url-status=dead}}

In Texas, it is considered unnecessary to administer a rape kit after 72 hours following the attack, as it is considered unlikely for useful evidence to be collected, though other types of evidence may still be documented during the medical examination, such as survivor statements, and visible injuries such as bruises, lacerations or bite marks, through visual inspection, photographs and transcription.[http://www.oag.state.tx.us/victims/sane.shtml#forensicexam "Sexual Assault Nurse Examiner (SANE) Program: Frequently Asked Questions"]. Texas Attorney General. Retrieved April 22, 2018.

In Washington, D.C., prior to the Violence Against Women Act, which went into effect in 2009, rape kits, despite being standard issue in hospitals, have historically been difficult to obtain, according to an April 2009 report by the Washington City Paper. According to the report, rape survivors historically waited up to 12 hours in D.C. emergency rooms while the OB-GYNs present would attend to more immediate emergencies, such as births, after which the invasive exam would be performed by inexperienced residents, who made poor witnesses at trial. The Sexual Assault Nurse Examiner (SANE) program was established in 2000 at Howard University Hospital in order to address this concerns, after a decade of attempts by Denise Snyder, executive director of the D.C. Rape Crisis Center (DCRCC), to find a major hospital willing to host the program, most of whom either cited economic concerns or declined to respond to her inquiries. After Howard University adopted the program, survivors encountered the problem of requiring police authorization before receiving a rape examination, which Snyder attributes to a desire to maintain low crime rates on the part of law enforcement agencies, whom, according to the Washington Paper, tend to be unsympathetic to alleged rape victims. Detective Vincent Spriggs, of D.C. Metro P.D.'s Sexual Assault Unit, cites instances of false or unconvincing rape accusations, and requests for rape kits by women who wish to have pregnancy tests or the morning-after pill administered, as an obstacle to more open use of the kits. In 2008, Howard University canceled the SANE program, after which it reopened under the supervision of the mayor's office.

The problem of rape kit backlogs was employed as a significant plot point in "Behave", the September 29, 2010 episode of the television crime drama Law & Order: Special Victims Unit, which depicts the operations of a police sex crimes unit. In the episode, detectives investigate the case of a woman, played by Jennifer Love Hewitt, who has been raped multiple times by the same man over the course of fifteen years. Their investigation leads them to discover that the perpetrator has raped women all over the United States. The detectives attempt to contact the Special Victims Units in other cities, only to discover that most of them have never tested the majority of their collected rape kits.Hargitay, Mariska (October 13, 2010). [http://www.goodhousekeeping.com/family/celebrity/mariska-hargitay-rape-kit-backlog "Message from Mariska Hargitay: The Shame of Rape-Kit Backlogs"] ({{webarchive|url=https://web.archive.org/web/20101021015402/http://www.goodhousekeeping.com/family/celebrity/mariska-hargitay-rape-kit-backlog |date=October 21, 2010}}). Good Housekeeping.Stinchfield, Grant (September 22, 2010). [http://www.nbcdfw.com/news/local-beat/Massive-Rape-Kit-Backlog-in-Dallas-103569669.html {{"'}}SVU' Star Calls for Dallas to Clear Rape Kit Backlog"]. NBC. The episode was based on the real-life story of advocate and survivor Helena Lazaro.{{Cite web|title = Neglected Rape Kits Getting Second Life in Mainstream Media|url = http://www.womensmediacenter.com/blog/entry/neglected-rape-kits-getting-second-life-in-mainstream-media|publisher=Women's Media Center|accessdate = October 1, 2015|language=en-US|url-status = dead|date=August 18, 2010|archive-date = March 4, 2016|archive-url = https://web.archive.org/web/20160304035811/http://www.womensmediacenter.com/blog/entry/neglected-rape-kits-getting-second-life-in-mainstream-media}}{{cite web|title = Law and Order: Special Victims Unit, 'Behave' Viewing Events|url = http://www.joyfulheartfoundation.org/events/law-and-order-special-victims-unit-behave-viewing-events|publisher = Joyful Heart Foundation|access-date = October 1, 2015|archivedate=February 19, 2017|archiveurl=https://web.archive.org/web/20170219104850/https://www.joyfulheartfoundation.org/events/law-and-order-special-victims-unit-behave-viewing-events}}

• Combined DNA Index System (CODIS)
• DNA database
• Forensic identification
• Post-assault treatment of sexual assault victims
• Rape in the United States
• Sexual assault
• Sexual Assault Survivors' Rights Act

{{Reflist|30em}}

• {{Cite book |last=Kennedy |first=Pagan |year=2025 |title=The Secret History of the Rape Kit: A True Crime Story |url= |url-access= |archive-url= |archive-date= |url-status= |edition= |location=New York |publisher=Vintage Books |isbn=9780593314715 |oclc=1430344506 |access-date=}}
• {{Cite magazine |last=Winter |first=Jessica |author-link=Jessica Winter |date=3 February 2025 |title=The Frustrated Promise of the Rape Kit |url=https://www.newyorker.com/magazine/2025/02/10/the-secret-history-of-the-rape-kit-pagan-kennedy-book-review |url-status=live |archive-url=https://web.archive.org/web/20250204154346/https://www.newyorker.com/magazine/2025/02/10/the-secret-history-of-the-rape-kit-pagan-kennedy-book-review |archive-date=4 February 2025 |department=Books |work=The New Yorker |pages=57–60 |access-date=24 February 2025}} Review of Pagan Kennedy, The Secret History of the Rape Kit: A True Crime Story.
• {{Cite news |title=America's Rape Kit Backlog Was a National Scandal. A Decade Later, Problems Persist. |url=https://www.usatoday.com/story/news/investigations/2024/09/19/rape-kit-backlog-usa-today-investigation/74966804007/ |url-status=live |archive-url=https://web.archive.org/web/20250214034053/https://www.usatoday.com/story/news/investigations/2024/09/19/rape-kit-backlog-usa-today-investigation/74966804007/ |archive-date=14 February 2025 |department=Investigations: Untested Rape Kits |work=USA Today |date=14 September 2024 |at=Section D: Weekend Extra |access-date=24 February 2025}} Story series.

{{DEFAULTSORT:Rape Kit}}

Category:1970s in Chicago

Category:1978 establishments in Illinois

Category:Forensic equipment

Category:Rape