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End the Backlog

Eliminating the backlog of untested rape kits and preventing a backlog from ever occurring again

Ending the backlog means systemic, survivor-centered reform throughout the entire justice system

End the Backlog has one clear, ambitious goal: to eliminate the backlog of untested rape kits and prevent a backlog from occurring again. We collaborate with diverse partners to make fundamental reforms that will safeguard survivors’ wellbeing and support their varied paths to seeking justice.

The national effort to End the Backlog of rape kits is the cornerstone of Joyful Heart’s policy and advocacy work. Our goal is to end this injustice by identifying the extent of the nation’s backlog and best practices for eliminating it. We do this by expanding the dialogue on rape kit testing through increased public awareness, sharing groundbreaking research, engaging survivors, communities, government agencies and officials and by advocating for comprehensive rape kit reform legislation and policies based on our six pillars of reform. Ultimately, we seek to change attitudes about sexual violence and abuse, educate the public, improve systems to lessen the trauma survivors experience and ensure greater access to justice for survivors.

When we started this work in 2010, there was no comprehensive, best practice approach for rape kit reform. Our early work showed the effectiveness and necessity of a system-wide, multidisciplinary team approach. From there, we developed best practices, including mandating the testing of all kits and establishing rape kit tracking systems, that have served as a national model for jurisdictions tackling reform. These best practices have been validated by federal guidelines for the handling of rape kits.

This early work made it clear that real, sustainable change requires going beyond individual institutional reform. We must change the whole system. To ensure that a backlog never develops again, laws must change in every state to codify best practices, regardless of leadership and personnel changes.

Today our work focuses on expanding the national dialogue on rape kit testing through increased public awareness, engaging communities, government agencies, and officials and continuing to advocate for comprehensive rape kit reform legislation and policies at the local, state and federal levels, while acting as a watchdog for effective implementation of those policies. 

We continually track the progress of all 50 states in enacting laws and policies embracing our six legislative pillars of comprehensive rape kit reform. These are criteria experts have determined are critical elements in eliminating the untested rape kit backlog once and for all.

The Six Pillars of Comprehensive Rape Kit Reform

Implement an annual statewide inventory of kits

An annual statewide inventory and report on the number of untested sexual assault evidence kits in law enforcement facilities, hospitals, crime labs and any other storage facility to understand the extent of the problem. Mandate that all relevant facilities in your state submit this information to a designated state-level agency within a timeframe of 180 days.

Mandate the submission and testing of all backlogged kits

Mandatory submission and testing of all previously reported and unsubmitted (backlogged) sexual assault evidence kits, with deadlines for both submission and testing. Mandate that each and every untested rape kit (including those past the statute of limitations) be submitted to the lab within a timeframe of 180 days.

Mandate the testing of all new kits

Mandatory submission and testing requirements for all newly collected kits, with deadlines for both submission and testing. Require that, for all ongoing rape kit examinations: Hospitals must notify the appropriate law enforcement agency within 24 hours of kit collection; law enforcement agencies must pick up the kit within three business days of notification; law enforcement agencies must submit the kit to the lab for analysis within seven days of pickup; and the lab must test the kit and enter any resulting DNA profiles into the CODIS DNA database within 30 days of receipt.

Create and use a statewide kit tracking system

An electronic tracking system for sexual assault evidence kits that provides a way for survivors to check the status of their kits throughout the entire process, from collection to analysis and final disposition. Ensure all agencies, including hospitals, law enforcement and labs have access to the system and are required to participate.

Implement mechanisms for survivors to easily find out about the status of their kits

Victims’ rights to notice and to be informed about the status of their kits, and a mandate that victims be notified if there is a decision not to test a kit, or if there is any planned destruction of a kit.

Allocate appropriate funding to submit, test and track kits

Resources are necessary to test kits, investigate cases, prosecute offenders and provide survivors with ongoing support services. Federal funding is currently available for jurisdictions working to eliminate their backlogs, but the state must ensure it is fully funding reforms.

Help us create transformative joy and survivor-centered healing.