Law enforcement agencies often lack the technology to track untested rape kits, as well as the personnel needed to ship or transport untested kits to a crime lab in a timely manner. Many also lack the staffing resources necessary to investigate or follow up on leads that arise from rape kit testing.
At present, there are at least 15 states with more than 1,000 kits backlogged and eight states that have more than 5,000 untested kits, according to “End the Backlog” data.
In most cases, DNA evidence needs to be collected within 72 hours in order to be analyzed by a crime lab—but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report.
However, despite what we see on television detective shows, DNA is not always considered conclusive proof of a rape or sexual assault. DNA testing also can be used to prove innocence and often is the key to winning a case and/or reducing a sentence.
A doctor or nurse will conduct the four-to-six-hour examination, and will preserve this evidence in a sexual assault evidence collection kit, commonly referred to as a rape kit.
It is estimated that there are currently well over 100,000 untested rape kits in America.
In summer, the time period for erasing the bulk of DNA was 4 hours regarding epithelial samples and more than 1 day for blood samples in pond and river environments. All in all, the results demonstrate that DNA could still be recovered from clothes exposed to water for more than 1 week.
A typical case with no surrounding factors could take anywhere between 6-12 months for results to be obtained. Once this has happened, they still have to be reviewed by the officer in the case and a decision made as to how the material will be graded.
96 hoursKenna et al ( 3 ) found that salivary DNA persists on skin for a minimum of 96 hours, providing a sufficient window to collect and process samples. Swabbing a large area of the victim's skin surface, however, can yield a mixed profile of cells from both the victim and perpetrator. ...
Ejaculated sperm remain viable for several days within the female reproductive tract. Fertilization is possible as long as the sperm remain alive — up to five days. Sperm can also be preserved for decades when semen is frozen.
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.
Advanced DNA technology, such as PCR, makes it possible to obtain conclusive results in cases in which previous testing might have been inconclusive.
After the law went into effect in 2019, the number of untested rape kits in Texas in early 2021 had plummeted to roughly 6,100 — a big drop, but still too high.
When every kit connected to a reported crime is tested, more DNA profiles are developed and uploaded to these databases. This means more DNA from crime scenes will be linked, creating investigative leads and identifying predators—often serial offenders.