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In 2018, the Bureau of Justice Assistance Sexual Assault Kit Initiative (SAKI) began mandating SAKI funding awardees submit eligible cases to the Violent Criminal Apprehension Program (ViCAP), a database which allows for the identification and analysis of serial violent crimes. Limited research has examined the use of ViCAP by SAKI sites or SAKI site personnels' perceptions of ViCAP. To address this gap, we conducted a survey of SAKI sites (N = 24) to identify trends regarding ViCAP personnel and training, ViCAP case entry and eligibility processes, and barriers/opportunities to increase the use of ViCAP. Findings show most sites are entering cases into ViCAP, but the utility of ViCAP as an investigatory tool is hindered by structural barriers in hiring/retention and training which prevent SAKI sites from fully leveraging ViCAP's resources. [ABSTRACT FROM AUTHOR]

In 2019, the Texas Department of Public Safety (TXDPS) Texas Ranger Division (TRD) identified approximately 3300 registered sex offenders (RSOs) from whom a "lawfully owed" DNA sample was missing from the Federal Bureau of Investigation's Combined DNA Index System (CODIS). Lawfully owed DNA (LODNA) is defined as a DNA sample from a qualifying offender who should have had their sample entered into CODIS, but for unknown reasons did not. As a result of those findings, TXDPS then applied for and was awarded a grant from the Bureau of Justice Assistance's Sexual Assault Kit Initiative to collect DNA specimens from these RSOs, and to perform a statewide LODNA census. TXDPS TRD sought to determine: Are the missed DNA collection problems limited to RSO's or are they occurring among individuals with a qualifying arrest or conviction as specified by state law too? What processes are used to identify individuals who are eligible for DNA sample collection? How is an individuals' DNA collection eligibility conveyed to external agencies? The findings from TXDPS' LODNA census, identified 43,245 individuals who were likely eligible for DNA collection between 1995 and 2020, therefore indicating statewide DNA collection issues. Over 4 years, collection efforts pertaining to the aforementioned lawfully owed census, have yielded 5183 LODNA sample collections, and 276 CODIS hits. This manuscript aims to create an awareness within other agencies of the importance of implementing best practices to ensure the collection and upload of LODNA from every eligible individual. [ABSTRACT FROM AUTHOR]

The discovery of thousands of untested sexual assault kits (SAKs) in police jurisdictions across the United States has prompted federal, state, and local agencies to enact policies regarding SAK testing. One legislative response has been to implement "test all" SAK policies. Such policies are expected to remove discretion from the kit submission process and provide crucial forensic evidence needed to guide sexual assault investigations. This study presents the impact of a "test all" policy in a single jurisdiction and investigates whether the increased number of DNA matches expected to come from more testing after implementation increased the likelihood of arrest. Results indicate that the impact of a DNA match on arrest increased after the mandate. The study concludes with a discussion of implications for sexual assault investigations and recommendations for future research. [ABSTRACT FROM AUTHOR]

Hundreds of thousands of sexual assault kits (SAKs) remain unsubmitted nationwide despite their potential usefulness in the successful prosecution of alleged perpetrators. Literature explores the probative value of SAK evidence in sexual assault cases. SAK evidence is processed along a three-link criminal justice chain of custody involving (1) health-care professionals who enter data into a forensic medical report (FMR) and then transfer both to (2) law enforcement and finally to (3) crime laboratories. FMRs are transferred along one or more record management systems (RMS) and may or may not be updated by receiving agencies as new evidence is collected. Consequently, researchers who have examined SAK data nationwide have consistently encountered problems with extensive missing, unreliable, and inconsistent data entry associated with varying survivor, assault, and case characteristics. The current study examines the relationship between missing data on these characteristics and SAK submission status among 371 unsubmitted and 371 submitted SAKs in Los Angeles (1982–2010) to examine these "missingness" problems. Results reveal a significant relationship between missing SAK data and kit submission status. We argue that the "missingness matters" as it may hinder effective case processing, the capacity of scholars to conduct rigorous/valid research, and most importantly, disadvantage just outcomes for survivors. [ABSTRACT FROM AUTHOR]

Within a routine activity framework, we explore walking-waiting sexual assaults – committed by strangers when victims were outdoors and did not consensually leave the scene. With data from untested sexual assault kits spanning decades in one urban jurisdiction, we found these were common (a fourth of the sample) with a distinct offending pattern. African American women were identified as the most frequent "targets" due to the use of certain public spaces that appear to lack "capable guardianship." "Motivated offenders" were often serial sexual offenders but not exclusively tied to walking-waiting sexual assaults. Findings improve our understanding of the intersection of stranger and outdoor sexual assaults. Implications and future directions discussed. [ABSTRACT FROM AUTHOR]

While efforts have been made to reduce the pervasive backlog of sexual assault evidence collection kits, the actual laboratory process remains very time‐consuming due to the requirement of a differential lysis step before DNA purification, as well as intricate mixture analysis towards the end of the DNA workflow. Recently, an alternative, direct‐to‐amplification sperm lysis method (using 1 M NaOH) was identified. However, a direct cell lysis method for non‐sperm cells has not been identified yet. Thus, the primary objective of this work was to find an alternative method that is quick, inexpensive, and does not require multiple purification steps for the lysis of non‐sperm cells in sexual assault samples. In this study, vaginal swab samples were lysed with the control method, prepGEM™, as well as six alternative reagents: alkaline buffer with 25–200 mM NaOH, high‐salt stain extraction buffer, modified radioimmunoprecipitation assay (RIPA) buffer, mammalian protein extraction reagent (M‐PER™), digitonin buffer, and urea/thiourea buffer. Quantification using Quantifiler® Trio of vaginal and semen lysates revealed that the alkaline (25 mM NaOH) and M‐PER™ methods were efficient for the lysis of vaginal epithelial cells without substantial sperm cell lysis. Following quantification, analysis of STR profiles from vaginal lysates revealed that the M‐PER™ method showed promising results across all metrics examined, including the percentage of detected STR alleles, mean peak heights, peak height ratio, and interlocus balance. Thus, this method was recommended as an alternative to the traditional differential lysis method for non‐sperm cells given its ability to produce amplification‐ready lysates without any DNA purification step. [ABSTRACT FROM AUTHOR]

In the 1970s, Martha "Marty" Goddard (1941–2015) conceived of and designed a kit that would collect forensic evidence in order to increase the probability of suspect identification in cases of sexual assault. Goddard designed a kit using over-the-counter items such as cotton swabs, combs, bags, labels, envelopes, and glass slides, to standardize the collection, preservation, and documentation of evidence. The kit was designed for hospitals and law enforcement, and is now part of standard protocol in the United States today. In 2022, a team from different parts of the Smithsonian worked collaboratively on the acquisition of this object, while holding critical conversations about what it means to not only care for the object, but also how to discuss the topic and lived experience of sexual assault. This interview dives into the story of the acquisition and its significance, and how museums can carefully and intentionally engage with the topic of sexual assault. [ABSTRACT FROM AUTHOR]

The article discusses the history and misuse of rape kits, focusing on the development of the first "rape kit" in Chicago in the 1970s by Martha "Marty" Goddard. The article highlights the challenges faced by women in reporting sexual assault and the lack of proper investigation and evidence collection by police departments. It also addresses the issue of unprocessed rape kits, citing examples of thousands of unopened kits in various cities, allowing serial rapists to go unchecked. The author emphasizes the failure of the justice system to adequately address and prevent sexual assault, pointing out the underlying issue of societal attitudes towards violence against women. [Extracted from the article]

Large stockpiles of unsubmitted sexual assault kits have been discovered across the United States and are disproportionately concentrated in predominantly Black communities. Recent testing of stockpiled sexual assault kits and reopening sexual assault “cold cases” for reinvestigation and prosecution created a second opportunity for justice through the criminal legal system for some sexual assault survivors. This study explored survivors’ decision-making regarding re-engagement with the criminal legal system. Researchers conducted qualitative semi-structured interviews with 32 sexual assault survivors who chose to participate in the reinvestigation and prosecution of their case following a victim notification. Most participants were Black or African American women (88%). Motivations for re-engagement included a desire to prevent future harm, seek personal justice, and find closure. Concerns about re-engagement included fears about safety and the potential emotional toll of the reinvestigation and prosecution. These findings hold implications for how jurisdictions conduct victim notifications and the need for confidential, community-based advocacy to help survivors navigate the decision to re-engage. Police jurisdictions should prioritize testing both current and previously unsubmitted sexual assault kits and ensure that survivors are empowered to make informed decisions regarding their re-engagement in the legal process. [ABSTRACT FROM AUTHOR]

The City of Mobile Police Department's (MPD) multidisciplinary Sexual Assault Kit Initiative team sought to identify and amend factors that theoretically contribute to high rates of sexual assault case attrition. First, the current study examined cross-sectional relations among officers' rape myth endorsement, perceived understanding of trauma-informed sexual assault investigations, and burnout level. Second, using a cohort-based longitudinal design, this study assessed the effectiveness of MPD's department-wide adoption of a professional development module in increasing self-reported understanding of trauma-informed investigations and reducing rape myth beliefs and burnout (T1, n = 331; T2, n = 229). Rape myth beliefs differed by burnout type and level. Officers with clinically high levels of emotional exhaustion or depersonalization reported greater rape myth acceptance and estimates of falsely reported rapes than those with average or low levels of emotional exhaustion or depersonalization. Officers with a high sense of personal accomplishment endorsed lower rape myth acceptance than but similar false reporting estimates to officers with average or clinically low levels of personal accomplishment. Months post-training, officers endorsed greater perceived understanding of trauma-informed sexual assault investigations. However, reductions in officers' rape myth beliefs or burnout were not detected; on average, officers reported increased burnout at T2 regardless of whether training attendance was confirmed. Effective ways to achieve and sustain rape myth reductions while preventing and reducing burnout are needed. [ABSTRACT FROM AUTHOR]

While missed DNA sample collection has been an identified problem for decades, there has yet to be a scholarly publication related to a large‐scale effort to address lawfully "owed" DNA outside of a prison system. Lawfully owed DNA samples are DNA samples that legally should have been collected and entered into Combined DNA Index System (CODIS) based upon a qualifying offense but were not. As the first jurisdiction funded by the Bureau of Justice Assistance's Sexual Assault Kit Initiative to address lawfully owed DNA, this case study fills this knowledge gap by answering four key questions: What was the scope of the problem in this jurisdiction? What was the process by which individuals who owe were identified? What were the outcomes of these efforts? And what were the lessons learned and recommendations for other jurisdictions? Findings from this case study indicate widespread DNA sample collection issues in this jurisdiction, with nearly 15,000 identified as owing DNA over the span of approximately 7 years. Efforts to collect lawfully owed DNA samples from those who owe over a duration of approximately five and a half years have resulted in about one‐fifth now being in CODIS, about 4% of these newly collected DNA profiles resulted in a forensic hit, and a quarter of those hits have resulted in a prosecution. This study serves as an important blueprint for other jurisdictions and underscores the importance of having effective policies and practices to help ensure that all who should lawfully have their DNA collected and uploaded into CODIS do. [ABSTRACT FROM AUTHOR]

An increasing number of US jurisdictions have begun to submit their previously untested sexual assault kits (SAKs) for DNA testing. However, best practices for what should happen after testing are not well established. Should all cases be investigated regardless of the testing outcome or only those that returned a DNA hit? We examine an early‐adopter jurisdiction that has completed testing and investigating all 5165 previously never tested kits. We explore and compare the criminal justice outcomes and cost‐effectiveness of investigating: all cases, those with CODIS hits, and those without CODIS hits. Findings indicate the SAK initiative produced a cost savings to the community: $26.48 million ($5127 p/kit) after the inclusion of tangible and intangible costs of future sexual assaults averted through convictions, of which $9.99 million ($1934 p/kit) was from also investigating no CODIS hit cases. When considering only the costs to law enforcement, investigating all cases cost $12,000 p/additional conviction. Findings also illustrate the cost‐effectiveness of investigating no CODIS hits cases and support an "investigate all" approach. This study enhances our understanding of the economic value of what comes after testing kits and investigating cases and provides a framework for jurisdictions for prioritizing resources and maximizing outcomes from testing. [ABSTRACT FROM AUTHOR]

We present a case study of a researcher–reporter collaboration that formed from an initiative to address thousands of previously untested rape kits in one Midwestern (U.S.) jurisdiction. We explore this symbiotic partnership by examining (a) how and why it formed; (b) the outcomes, including extensive and public dissemination and a unique project that surveyed 294 Ohio law enforcement agencies to see what happened after the rape kits were tested (Ohio Rape Kit Survey Project); and (c) the impact that the partnership, dissemination, and larger initiative had in sparking demonstrable change in how the justice system and the general public responded to and engaged with the issue of untested rape kits and with victims of sexual assault. We conclude with larger takeaways from this collaboration for researchers and reporters but also provide a framework for how this type of collaboration can be leveraged to produce change for the greater good. [ABSTRACT FROM AUTHOR]

Rape kits are important tools used to store the evidence that is collected from a victim's body and clothing following a sexual assault. Although the DNA evidence stored in rape kits is crucial to rape investigations, police departments throughout the country have routinely failed to test rape kits. This remains true despite the national funding allocated specifically for rape kit testing. This widespread neglect hinders justice and renders community members unprotected from sexual violence. The national rape kit backlog has sparked legal challenges; six lawsuits have been filed against police departments for systematically refusing to test rape kits, alleging equal protection violations based on gender under 42 U.S.C. § 1983. This Note discusses the two lawsuits that have reached the circuit court level. These two suits illustrate the difficulty in establishing discriminatory intent--a necessary component of an equal protection claim. Ultimately, this Note argues that courts should recognize police refusal to test rape kits as a violation of the Equal Protection Clause of the Fourteenth Amendment and should not require plaintiffs to plead a specific comparator to establish discriminatory intent. [ABSTRACT FROM AUTHOR]

Large backlogs of untested sexual assault kits have recently come to light in cities across the United States, fueling public controversies over criminal justice responses to sexual assault and sexual assault forensic services. This article examines these controversies to reveal how kit backlogs have come to matter as a political problem. Using a range of textual data, this article traces the history of the sexual assault kit backlog in New York City and contemporary national campaigns around kit backlogs to examine how sexual assault kit backlogs are being defined as threats to public safety, justice, and healing for victims of crime. Drawing on theoretical insights from actor-network theory, institutional ethnography, and feminist technoscience studies, this article examines the implications of the current framing of kit backlogs for sexual assault survivors and their allies, and current dialogues about criminal justice responses to sexual assault. [ABSTRACT FROM AUTHOR]

Despite the existence of patterns able to discriminate between consensual and non-consensual intercourse, the relevance of genital lesions in the corroboration of a legal rape complaint is currently under debate in many countries. The testimony of the physicians when assessing these lesions has been questioned in court due to several factors (e.g., a lack of comprehensive knowledge of lesions, wide spectrum of background area, among others). Therefore, it is relevant to provide automated tools to support the decision process in an objective manner. In this work, we evaluate the performance of state-of-the-art deep learning architectures for the forensic assessment of sexual assault. We propose a deep architecture and learning strategy to tackle the class imbalance on deep learning using ranking. The proposed methodologies achieved the best results when compared with handcrafted feature engineering and with other deep architectures. [ABSTRACT FROM AUTHOR]

Purpose This is a case study of an early adopter jurisdiction addressing its large number of previously unsubmitted sexual assault kits (SAKs) and the first study to describe and quantify an unsubmitted SAK initiative's process and outcomes from testing to disposition. Methods We present a process map detailing the progression of a SAK and provide descriptive statistics as to which cases proceed or fail to proceed and the time and resources expended. Result At a third of the way through their initiative to test, investigate, and prosecute all unsubmitted SAKs, Cuyahoga County had DNA hits for 39% of all previously unsubmitted SAKs, almost 1000 new DNA profiles added to the federal DNA databank, indictments on 25% of all completed investigations, and convictions on 76% of all indicted cases. Results also highlight the large number of serial sex offenders that have been identified and implications for promising practices and policy changes resulting from the initiative. Conclusion These findings serve as a framework for other jurisdictions addressing their unsubmitted SAKs for cross-site comparisons and forecasting and speak to the value of addressing unsubmitted SAKs nationwide and testing and investigating all SAKs, including stranger and non-stranger SAKs and those without a DNA hit. [ABSTRACT FROM AUTHOR]

The article suggests that New Hampshire emulate the New York case law that allows the statute of limitations on sexual offenses to toll until the rape kits of victims have been processed. The article describes the current state of tolling statutes of limitations for sex offenses in New York and New Hampshire and the failure of the latter state to include a DNA exception of its tolling statute. It recommends that New Hampshire use New York's common law strategy to introduce the DNA exception.

The Violence Against Women Act (VAWA) requires participating states and the District of Columbia to pay for medical forensic exams for victims of rape and sexual assault, including the collection of evidence using "rape kits," whether or not the victim chooses to pursue criminal charges. The chief statutory purpose of the requirement is to preserve evidence in the interest of justice without pressuring a traumatized victim to decide on the spot whether to activate a criminal investigation. Rape kits collected without an accompanying police report are called "anonymous rape kits," "unreported rape kits," or "Jane Doe rape kits." This is because they are typically assigned an anonymous tracking number rather than the victim's name for privacy reasons, before being sealed and stored for evidentiary integrity. Beyond requiring their subsidization, VAWA is silent on anonymous rape kit preservation, leaving methods of storage to the discretion of each state, many of which defer to local jurisdictions. In states that defer, inconsistent storage practices can lead to the loss or destruction of the kits. These outcomes undercut the statutory purpose of VAWA's "nonreport" option and waste public funds. Using Washington State as a prototype, this Comment argues that states that do not regulate anonymous rape kit storage should remedy this problem legislatively. State legislatures should pass comprehensive statutes that assign maintenance responsibility to a relevant state agency, provide funding for costs associated with evidence collection and storage, ensure the preservation of evidence through the relevant statute of limitations, and require that victims be kept informed of their rights. Thoughtful regulation will ensure the proper preservation of critical evidence and facilitate the empowerment of sexual assault victims, and in those respects reinforce VAWA's nonreport option. [ABSTRACT FROM AUTHOR]

This Note discusses the current status of the rape kit backlog, and how it can be addressed through successful public-private partnerships in the DNA testing industry. DNA evidence contained inside rape kits is an invaluable investigative tool to solve and prevent crime. Despite their immense utility, rape kits remain untested due to overburdened public crime labs with insufficient resources. On top of this, onerous FBI regulations prevent private crime labs from joining forces with public labs to test these kits. The aim of this Note is to shine a light on--and to introduce initiatives to eliminate--the backlog of hundreds of thousands of untested rape kits in the United States. [ABSTRACT FROM AUTHOR]

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three‐year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined. [ABSTRACT FROM AUTHOR]

The first of two articles from a larger study whose aim was to teach a computer to detect innuendo (or signaling) about a victim's credibility in incident reports of rape. This study explored the degree of sentiment and subjectivity in the reports and whether these predicted case progression and outcomes. We employed machine learning, specifically sentiment analysis to assess sentiment (opinion) and subjectivity of textual content. The sample consists of 5638 incident reports of rape with a sexual assault kit from a U.S., urban Midwestern jurisdiction. Sentiment was detected, tended to skew near neutral/slightly negative and more subjective, and predicted case progression and outcomes, but was not quite what was expected. We taught a computer to detect signaling via tone that predicted case progression and outcomes. Findings indicate that the cases recommended for prosecution were longer and had positive sentiment and positive subjectivity. Cases not recommended for prosecution were shorter with more neutral statements of "fact" or observations. Implications and recommendations for improved, less biased report writing are provided. • Used machine learning— sentiment analysis— to assess nature of opinion and subjectivity. • Sample included narratives from 5638 incidents reports of rape from one police department. • Cases recommended for prosecution are longer and have positive sentiment and positive subjectivity. • Cases not recommended for prosecution were shorter with more neutral statements of "fact" or observations. • Implications and recommendations for improved, less biased report writing are provided. [ABSTRACT FROM AUTHOR]

The second of two articles from a larger study whose aim was to teach a computer to detect innuendo (or signaling) about a victim's credibility in incident reports of rape. This study explored if the words expressed or not expressed, intentionally or not, influenced case progression and outcomes. We employed machine learning, specifically text classification, to identify predictive phrases. Sample consisted of 5638 incident reports of rape with a sexual assault kit from a U.S., urban Midwestern jurisdiction. As hypothesized, predictive phrases were different in cases that stalled earlier. Cases not recommended for prosecution lacked detail and more heavily mentioned: (in)actions of victims, actions that stall cases, and procedural words. Reports where victims were not believed or unfounded were similarly vague, procedural, and terse. Cases recommended for prosecution predictively mentioned suspects and the rape statute. We taught a computer to detect signaling via words that were predictive of case progression and outcomes. Negative signals about a victim's credibility often presented as unqualified statements of "fact" or observations or procedural words, indicating a focus on the process vs. victim or suspect. Implications and recommendations are provided, including how unqualified doubts about victims' credibility have substantial public safety consequences. • Used machine learning— text classification— to identify predictive phrases. • Sample included narratives from 5638 incidents reports of rape from one police department. • Cases not recommended for prosecution lacked detail and mentioned victim's (in)actions and procedures. • Cases recommended for prosecution mentioned suspects, "rape," and words associated with the rape statute. • Implications and recommendations for improved, less biased report writing are provided. [ABSTRACT FROM AUTHOR]

We conducted a collaborative action research project with stakeholders in Detroit, Michigan, to develop long-term policy strategies to resolve ~11,000 untested rape kits that were discovered in a police storage facility in August 2009. In our research, we uncovered overwhelming evidence of victim-blaming behaviors and fundamental disrespect of rape survivors by the police, which directly contributed to their decisions not to submit kits for forensic testing. We had an ethical responsibility to report these negative findings accurately and completely, and in doing so, we were concerned that police stakeholders might disengage from the action research project and hamper our other ethical responsibilities to promote general and public welfare. In this article, we examine the ethical challenges of balancing accountability, collaboration, and social change. [ABSTRACT FROM AUTHOR]