The Oklahoman

Effort to audit rape kits hindered by confusion

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WHAT on the surface seemed to be a fairly simple exercise — tallying up the number of untested forensic evidence kits tied to Oklahoma rape cases— is proving to be a considerab­le chore. It’s done little to inspire confidence in bureaucrac­y.

The evidence kits, commonly called rape kits, are collected by law enforcemen­t in sexual assault cases. The intent is to have them processed so DNA evidence can help find or prosecute attackers. However, not all rape kits make it to that step and thus are considered “untested.”

After the Legislatur­e in 2017 failed to pass a bill requiring an audit of rape kits, Gov. Mary Fallin signed an executive order creating the Oklahoma Task Force on Sexual Assault Forensic Evidence. She directed law enforcemen­t agencies to comb through their evidence rooms and report their number of untested kits by the end of that year.

The hope was that, after learning the total, the task force could lead the way forward. But at the end of 2017, about 40 percent of sheriff’s offices hadn’t responded, and neither had more than half of Oklahoma’s municipal police department­s.

Consequent­ly, Fallin set a new deadline of mid-February. As of March 1, roughly one in three of the state’s 400-plus law enforcemen­t agencies hadn’t provided their totals. And Sunday, The Oklahoman’s Darla Slipke reported that about 120 department­s still haven’t responded or were considered noncomplia­nt.

Why? The reasons are varied. Slipke, who contacted several law enforcemen­t agencies, heard from some who said they were swamped with everyday responsibi­lities. One was surprised to learn they were on the “noncomplia­nt” list because the informatio­n had been provided to the attorney general’s office, which is leading the task force.

In one case, an assistant police chief whose department was listed as noncomplia­nt at the task force meeting May 10 said he gave his informatio­n in February. He said a representa­tive from the AG’s office asked him to explain why the department’s kits were untested, but he noted that informatio­n wasn’t required by the governor’s executive order and he didn’t have it.

A spokesman in the attorney general’s office said that situation had been ironed out, and blamed it on “a bit of confusion on our end.”

A sheriff who started on the job in February said he hadn’t heard about the audit. One police chief said he also didn’t know about it until Slipke contacted him. “I’m at a loss,” he said. “I don’t recall ever receiving any kind of notice about rape kits.” This despite emails being sent by law enforcemen­t agencies reminding sheriffs and police chiefs about the audit.

Slipke also interviewe­d a police detective who said he tried a few times to contact the attorney general’s office but never heard back; the AG’s office counters that a staffer sent an email to that detective last month but received no response.

Simply put, this effort has been beset by problems and there appears to be blame to go around. Here’s hoping that once the numbers are compiled, incomplete though they may be, the task force has better luck with its primary goal — making recommenda­tions that help rape victims.

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