When a rape is committed, a forensic examination (known as a “rape kit”) can be performed. It is performed by a Sexual Assault Response Team (SART) nurse. The process can last up to four hours [2]. Fibers, saliva, and liquids are collected from within and around the vagina, anus, and other surfaces violated by the rapist. Ideally, that information is processed and the rapist’s DNA is entered into the FBI’s Combined DNA Index System (CODIS) [3]. If the criminal is already in the database, then that criminal can be identified and captured. If other rapes by the same individual are in the database, they can be linked together. Evidence from the multiple rapes can be combined to give investigators an improved chance of capturing the rapist. And the prosecution becomes simple if a suspect’s DNA matches the DNA found in the rape kit.

It costs between $600 and $1500 to process a rape kit. As a result, many rape kits never get processed. According to the Department of Justice, there were 400,000 untested rape kits in 2016 [5]. An independent investigation by USA Today found over 70,000 untested rape kits in 1,000 police agencies (there are over 18,000 police agencies in the United States) [6]. Several victims of rape have sued their local police departments for not getting their kits tested [7]. In 2016, the Obama administration included $41 million for processing rape kits [8]; at $1000 per kit, that would cover approximately 10% of the untested kits (assuming no additional kits were submitted).

According to “End the Backlog”, a charity organization that funds the testing of rape kits, there remain over 13,000 untested rape kits in California alone [9]. In the last ten years, over 6 bills that would have addressed the backlog of untested kits have been prevented from passing through the California legislature or vetoed by the governor. For example, in 2014, a law was vetoed by Governor Brown mandating that law enforcement agencies send all rape kits in for testing with 20 days of collection [10]; that law was later vetoed. In 2017, a new California law requires law enforcement agencies to report the number of rape kits collected, examined, and unexamined [11]; law enforcement agencies are still not required to process rape kits.

Each year, our government’s debate their respective budgets. We’ve all seen long debates over DACA, a border wall, national defense spending, bailing out banks, nationalized healthcare, and many other aspects. During all of these debates, and those that will come, rape kits sit on shelves untested with their rapists free to continue raping.

[1] https://www.stanforddaily.com/2018/01/22/stanford-in-talks-with-santa-clara-county-to-improve-accessibility-of-rape-kits/

[2] http://time.com/3001467/heres-what-happens-when-you-get-a-rape-kit-exam/

[3] https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet

[4] https://www.thebillfold.com/2016/11/the-cost-of-things-testing-a-rape-kit/

[5] https://obamawhitehouse.archives.gov/the-press-office/2015/03/16/fact-sheet-investments-reduce-national-rape-kit-backlog-and-combat-viole

[6] https://www.usatoday.com/story/news/2015/07/16/untested-rape-kits-evidence-across-usa/29902199/

[7] https://www.vice.com/en_us/article/7bmxe4/rape-survivors-are-suing-to-have-their-rape-kits-processed

[8] https://obamawhitehouse.archives.gov/the-press-office/2015/03/16/fact-sheet-investments-reduce-national-rape-kit-backlog-and-combat-viole

[9] http://endthebacklog.org/california

[10] https://www.reuters.com/article/us-usa-california-rape-kits/california-lawmakers-pass-measure-requiring-testing-of-rape-kits-idUSKBN0GM22Q20140822

[11] http://www.latimes.com/politics/la-pol-sac-rape-kits-legislation-20170525-story.html