The backlog of SAKs has raised concerns over justice for assault victims and that additional victimizations could have been prevented had the evidence from any given kit been tested and the perpetrator apprehended in a timely manner. Upon completion of forensic medical exams, kits are transferred to law enforcement, who log the kits into evidence. Procedure and protocol regarding when and where kits are sent, however, vary across jurisdictions. Some law enforcement agencies automatically send the kits to forensic laboratories for testing while others wait for varying amounts of time, in some cases depending on when/if a police officer or prosecutor requests forensic analysis. It may be used to establish elements of a crime including the time at which an alleged attack occurred. Evidence may also be stored in DNA databases for use in other cases. When people refer to a "rape kit backlog," they are referring either to untested kits that reside with law enforcement having never been submitted to a laboratory for testing, or to untested kits that have been submitted to crime labs but are delayed for testing for longer than 30 days. Some research organizations state that the problem more typically resides with those kits that were submitted to a crime laboratory but remain untested; however, the definition of backlog appears to vary across jurisdictions. While the status and location of the kits vary, the binding element of the backlogged kits is that they have never been tested. Rape kits remain untested for several reasons including limited resources of laboratories and law enforcement as well as police discretion. Due to Police Discretion

Police may opt not to pursue a forensic investigation due to a variety of reasons including perception of victim cooperation or consideration that the results of the kit would not be pertinent to the overall investigation. Federal Support to Reduce Rape Kit Backlogs

In recent years, the federal government has addressed the SAK backlog by providing financial support, conducting or funding research to address the backlog, and testing a limited number of SAKs from local law enforcement agencies that had not been submitted previously. 113-4 ) which, among other things, included new provisions to address the SAK backlog in states. In addition, VAWA 2013 incorporated the Sexual Assault Forensic Evidence Reporting Act of 2013. Sexual Assault Forensic Evidence Reporting Act of 2013

Congress amended the authorizing legislation for the Debbie Smith DNA Backlog Grant Program by passing the Sexual Assault Forensic Evidence Reporting Act of 2013 (the SAFER Act of 2013, Title X of P.L. The SAFER Act added two new purposes for which Debbie Smith grants can be used: (1) to conduct an audit of the samples of sexual assault evidence in the possession of a state or unit of local government that are awaiting testing, and (2) to ensure that the collection and processing of DNA evidence by law enforcement is carried out in a timely manner and in accordance with the protocols and practices the FBI is required to develop under the act. Going Forward

Congress may wish to assess the SAK backlog and debate if the federal response should be changed as the issue evolves and agencies, including NIJ, capture the breadth of the problem. For example, Congress may design preventative measures in attempting to prevent future backlogs. This may be done through grants to states and local entities by funding preventative measures and/or conditioning grants on the requirement that states and local governments establish a set time in which SAKs must be tested. Congress may also wish to request research on the impact of the backlog reduction and determine how efforts to address the issue have affected crime victims.
Sexual assault kits (SAKs, also referred to as "rape kits") are used by medical professionals to collect evidence during a forensic medical exam of a sexual assault victim in order to establish elements of a crime. Generally, upon completion of the medical exam the kit is transferred to an authorized law enforcement agency that logs the kit into evidence. Procedure and protocol regarding when and where kits are sent, however, vary across jurisdictions. Some law enforcement agencies automatically send the kits to forensic laboratories for testing while others wait for varying amounts of time; in some cases depending on when/if a police officer or prosecutor requests forensic analysis of the kits. Evidence from these kits may help identify, convict, or exonerate an offender. Evidence may also be stored in DNA databases for use in other cases.
When people refer to a "rape kit backlog," they are referring to untested kits that either reside with law enforcement having never been submitted to a laboratory for testing, or referring to untested kits that have been submitted to crime labs but are delayed for testing for longer than 30 days. Some research organizations state that the problem more typically resides with those kits that were submitted to a crime laboratory but remain untested; however, the definition of backlog appears to vary across jurisdictions. While the status and location of the kits vary, the binding element of the backlogged kits is that they have never been tested.
The backlog of SAKs has raised concerns over justice for assault victims and that evidence in untested kits could be used to prevent suspects from victimizing others. SAKs may remain untested for reasons such as limited resources of laboratories and law enforcement and police discretion. Police may opt not to pursue a forensic investigation for a variety of reasons including perception of victim cooperation or a decision that the results of the kit would not be pertinent to the overall investigation.
In recent years, the federal government has addressed the SAK backlog by providing financial support, conducting or funding research to address the backlog, and testing a limited number of SAKs from local law enforcement agencies that had not been submitted previously.
Congress has passed legislation that addresses aspects of the SAK backlog. In February 2013, Congress passed the Violence Against Women Reauthorization Act of 2013 (VAWA 2013; P.L. 113-4) which, among other things, included new provisions to address the backlog in the states. VAWA 2013 incorporated the Sexual Assault Forensic Evidence Reporting Act of 2013 (SAFER Act). The SAFER Act added two new purposes for which authorizing legislation for the Debbie Smith DNA Backlog Grant Program funds can be used: (1) to conduct an audit of the samples of sexual assault evidence in the possession of a state or unit of local government that are awaiting testing and (2) to ensure that the collection and processing of DNA evidence by law enforcement is carried out in a timely manner and in accordance with the protocols and practices the Federal Bureau of Investigation (FBI) is required to develop under the act.
Congress may wish to assess the SAK backlog and debate if the federal response should be changed as the issue evolves and agencies, including the National Institute of Justice (NIJ), capture the breadth of the problem. For example, Congress may design preventative measures in attempting to prevent future backlogs. This may be done through grants to states and local entities by funding preventative measures and/or conditioning grants on the requirement that states and local governments establish a set time in which SAKs must be tested. Congress may also wish to request research on the impact of the backlog reduction and determine how efforts to address the issue have affected crime victims.