Reauthorize funds to test rape kits

Timely testing of evidence from rape victims can make all the difference in an arrest and prosecution, but such testing is often delayed.

It’s known as the rape kit backlog, and it’s been estimated more than 400,000 rape kits nationally are awaiting testing. That is, they are collecting dust even though forensic evidence from rape kits is a crucial prosecution tool to put predators behind bars and help victims achieve closure — and even exonerate those who are falsely accused. To address the backlog of untested DNA, many states have relied on federal grants through the Debbie Smith Act. Passed in 2004, and reauthorized in 2008 and 2014, the Debbie Smith Act has funded rape kit testing in more than 641,000 cases over the last 15 years. But the funding runs out at the end of September.

Enter Texas Sen. John Cornyn and Sen. Dianne Feinstein of California, who filed legislation in March to extend the funding for the grant program through 2024. And why exactly are we still waiting for Congress to reauthorize?

Not only is this necessary crime scene evidence, it’s also DNA that can be cross-referenced with a national database of known offenders in the hope of resolving unsolved cases.

The rape kit backlog is a national issue, but it’s also a Texas issue. Since 2011 when it was revealed there were at least 18,000 rape kits needing testing across the state, lawmakers have passed measures to close the gap.

For example, during the most recent legislation session, state lawmakers included $54 million in the budget to hire more crime lab employees and expand access to nurse examiners who are trained to work with victims of sexual assault. Another measure, House Bill 8, which was signed into law earlier this summer by Gov. Greg Abbott, requires rape kits be tracked and audited to ensure they are processed in a timely manner. It also extends the statute of limitations for sexual assault cases where there are rape kits until after the evidence is tested.

State efforts appear to be working. The most recent data from the Texas Department of Public Safety Crime Lab indicates there were slightly more than 2,100 untested rape kits in the lab’s possession as of summer 2017. None of the cases from that time were connected to Bexar County or San Antonio.

We’re interested in seeing what data HB 8 will produce. The first report to the state from local enforcement agencies is Dec. 15.

As much progress as Texas has made on this issue, failing to reauthorize the Debbie Smith Act would be a monumental step back. And while the stats have been moving in the right direction, let’s also acknowledge that one delayed rape kit test is one too many.

The reality is this is a very difficult crime to prosecute and delaying rape kit testing only makes that challenge even greater. Less than half of rapes across the county are reported, and few result in arrests. And according to a report by the Rape, Abuse & Incest National Network, only three out of 100 rapists will spend a day in prison. Meanwhile, a 2016 Case Western Reserve University study found that serial sexual assault offenders are more common than previously thought. If these offenders are not prosecuted, they will likely offend again. Reauthorize the Debbie Smith Act. Every untested rape kit represents a victim waiting for answers.