The Six Pillars
In 2016, the Joyful Heart Foundation, in partnership with Civitas Public Affairs Group, developed a grassroots, survivor-focused, and actionable nationwide campaign to end the rape kit backlog. The campaign plan was developed following a thorough review of the work in this area, which included interviews with nearly 75 trusted experts including advocates; survivors; prosecutors; investigators; crime lab personnel; and local, state, and national leaders. This was followed by a 50-state analysis of the policy opportunity landscape. The 50-state assessment formalized the following six essential pillars for states to achieve comprehensive rape kit reform:
Implement an annual statewide inventory of kits.
An annual statewide inventory and report on the number of untested sexual assault evidence kits in law enforcement facilities, hospitals, crime labs, and any other storage facility to understand the extent of the problem. Mandate that all relevant facilities in your state submit this information to a designated state-level agency within a timeframe of 180 days.
Mandate the submission and testing of all backlogged kits.
Mandatory submission and testing of all previously reported and unsubmitted (backlogged) sexual assault evidence kits, with deadlines for both submission and testing. Mandate that each and every untested rape kit (including those past the statute of limitations) be submitted to the lab within a timeframe of 180 days.
Mandate the testing of all new kits.
Mandatory submission and testing requirements for all newly collected kits, with deadlines for both submission and testing. Require that, for all ongoing rape kit examinations: hospitals must notify the appropriate law enforcement agency within 24 hours of kit collection; law enforcement agencies must pick up the kit within three business days of notification; law enforcement agencies must submit the kit to the lab for analysis within seven days of pickup; and the lab must test the kit and enter any resulting DNA profiles into the CODIS DNA database within 30 days of receipt.
Create and use a statewide kit tracking system.
An electronic tracking system for sexual assault evidence kits that provides a way for survivors to check the status of their kits throughout the entire process, from collection to analysis and final disposition. Ensure all agencies, including hospitals, law enforcement, and labs have access to the system and are required to participate.
Implement mechanisms for survivors to easily find out about the status of their kits.
Victims’ rights to notice and to be informed about the status of their kits, and a mandate that victims be notified if there is a decision not to test a kit or if there is any planned destruction of a kit.
Allocate appropriate funding to submit, test, and track kits.
Resources are necessary to test kits, investigate cases, prosecute offenders, and provide survivors with ongoing support services. Federal funding is currently available for jurisdictions working to eliminate their backlogs, but the state must ensure it is fully funding reforms.
Before the creation of the six-pillar approach in 2016, there was no standardized way to understand and analyze the severity of the backlog problem in the United States. This made the goal of eliminating the backlog even more challenging. At that time, there was no consensus on how many untested kits were sitting on shelves, their locations, next steps, or how to prevent the future backlog of untested kits. The Joyful Heart Foundation’s national research initiative and the creation of this agenda allowed us to determine what each state had achieved with regard to rape kit reform, and what work still needed to be carried out. The six-pillar approach is the cornerstone of our legislative campaign. We won’t stop until the 50 states have adopted all six pillars.
Joyful Heart’s legislative handbook provides statistics, talking points, and a model code for state lawmakers drafting rape kit reform legislation.