Delivering some belated justice for rape victims
Virginia is only the seventh state to have cleared its kit backlog and this milestone means that a wrong has been righted
Virginia’s backlog of untested rape kits has been completely eliminated, and it is never coming back.
Virginia is only the seventh state in the country to have cleared its backlog, and although it has taken a lot of work, this milestone means that a wrong has been righted, that justice is closer for more survivors, and that Virginia is a safer place.
We have now closed one chapter in our commonwealth’s approach to preventing and investigating sexual violence, and we are continuing to write a new one in which these crimes are taken seriously every time, survivors are treated with respect and compassion, and Virginia is a partner in the pursuit of justice and healing.
When I got into office more than six years ago, I learned that the backlog of untested physical evidence recovery kits, or PERKs, in Virginia had grown to nearly 3,000. That was just shocking to me. And it was unacceptable.
One untested rape kit is one too many. These kits represented a survivor’s trauma, and they could have held key evidence in bringing a perpetrator to justice, but they had been pushed to the side and never dealt with.
And for many survivors, the fact that their kit was never tested denied them a sense of security and justice or the closure that is critical for healing from such a traumatic experience.
So as soon as we found out about these kits we went to work, and we’ve been working every day since to eliminate this backlog.
My team and I led a complex, multidisciplinary effort to test these kits, make sure each case gets a fresh look, and bring perpetrators to justice.
As a result of our project:
2,665 kits were tested
851 new DNA profiles have been uploaded into the national DNA database
354 “hits” have been sent to law enforcement agencies for further investigation
The Hampton Roads region alone had 718 kits tested, 281 new DNA profiles uploaded into the national database and 118 “hits.”
Charges are currently pending against a Spotsylvania man as a result of our project, and as localities continue to reopen and investigate cases in light of this new evidence, we anticipate more charges may be filed.
The work my team and I have done to eliminate Virginia’s rape kit backlog is just one part of our larger effort to transform the way Virginia responds to sexual violence and move past a time when these cases were too often ignored or swept under the rug.
We helped pass a law in 2016 to mandate the immediate testing of kits and giving survivors a right to know the results, which will keep Virginia from ever having a backlog like this again.
And as part of our project, the Department of Forensic Science has developed Virginia’s first statewide PERK tracking system that can be used by DFS, law enforcement and hospitals as well as survivors, who can now check the location and status of their kits at any time.
This is an unprecedented level of transparency and accountability that ensures timely testing and empowers survivors.
We’ve also invested in the latest survivor-centered and trauma-informed training for law enforcement and prosecutors, especially for those working cold cases, so that we can build the strongest cases possible, while minimizing re-victimization.
Make no mistake: This project is changing lives and making Virginia safer. It has been a true catalyst for real, significant changes in the way Virginia approaches, investigates and prosecutes sexual violence, and the way that survivors of these heinous crimes are treated when they choose to come forward and share their experiences.
As one survivor told me, this work is giving her and other survivors hope for justice and reassurance that they do have significance and worth, that the hours they spent submitting to a difficult, painful exam were not in vain, and that Virginia will walk with them on the path toward healing.
The PERKs that made up Virginia’s backlog were not just boxes, baskets and bags sitting on a shelf. Behind every one was a story and a person who has had their life permanently changed. They, and all other survivors, must be treated with the respect and compassion that they so deserve.
So believe me when I say: Virginia’s rape kit backlog is finally gone, and it’s never coming back.
Mark R. Herring is the 48th attorney general of Virginia. He can be reached at mailoag@oag.state.va.us or 804-786-2071.