In the United States, there exists a profound injustice lurking in the shadows of law enforcement agencies: the rape kit backlog. Thousands of untested rape kits sit on shelves, representing not only unprocessed evidence but also the unresolved trauma of survivors. Every 68 seconds, someone in the United States is sexually assaulted. As of a 2022 evaluation, 25,000 rape kits sat untested in law enforcement offices across the U.S. It is important to note that this study only measured the backlogs in 30 states and the District of Columbia. There are thousands more unprocessed tests, tests that took hours to collect. The collection process of these rape kits is a long and often traumatizing endeavor. If a survivor reports an assault to law enforcement, they are referred to a rape crisis center or other medical facility where they are asked for consent to conduct a rape kit. Following an assault, a medical provider many conduct a series of tests that compose the rape kit. Such tests can take between four to six hours to complete and include photographs, swab tests, and an invasive examination of the survivor's body in search of DNA evidence. As investigative tools, these kits are essential. However, leaving them on a shelf renders them useless. 

The thousands of untested rape kits around the country make up what is commonly referred to as the “rape kit backlog” or the “untested backlog.” The Joyful Heart Foundation, a victim’s advocacy group, defines a backlogged rape kit as any kit that has not been submitted to an accredited crime lab for testing within 30 days of being booked into evidence or a kit that has not been tested within 30 days of arrival to the crime lab. However, many kits don't even make it to this stage. This backlog is not merely a bureaucratic failure; it is a moral failure–a betrayal of trust in our justice system and a perpetuation of violence against survivors. It's time for comprehensive policy action to eliminate this backlog and ensure justice for all survivors.

The first problem to confront is scaling the magnitude of the issue. The exact number of untested rape kits is challenging to pinpoint due to inconsistent reporting practices across jurisdictions, but estimates range in the hundreds of thousands. No feasible solution can be executed until an evaluation of the backlogged inventory is conducted. Policy interventions cannot be properly executed without a scope. Thus, one of the first objectives is investment into scaling the backlog at both the state and federal levels. In February of 2023, a bipartisan group of members of Congress introduced the Debbie Smith Act of 2023, modeled after the Debbie Smith Act of 2004. The goal of this legislation is to authorize and expand funding for state and local crime laboratories to build capacity to analyze DNA samples, just as had been done in 2004. This bill reauthorizes funding for public crime laboratories to process DNA evidence from rapes and other violent crimes. Such policy actions are what this country needs to amend such an issue. Each untested kit represents a missed opportunity to hold perpetrators accountable and prevent future assaults. We cannot turn a blind eye to this systemic failure any longer.

Automatically testing rape kits following their collection fell out of practice due to inaccurate predictions in survivors who press charges. Testing a single rape kit can cost between $500 and $1,500, and with thousands of kits awaiting testing, the financial burden can be substantial. Federal and state governments must prioritize funding for testing initiatives, providing the necessary resources to clear the backlog swiftly and efficiently. Additionally, investments should be made in expanding forensic DNA testing capacity and improving coordination between law enforcement agencies and forensic laboratories. Recognizing that behind every untested kit is a survivor who has been failed by our bureaucratically burdened system is key. Testing these kits is not just about collecting evidence; it's about validating survivors' experiences, affirming their courage in coming forward, and signaling that their cases matter. This act signals the need for policies that support survivors throughout the process, from collection to prosecution. 

Furthermore, addressing the root causes of the backlog requires a multifaceted approach. This includes implementing best practices for evidence collection and storage, enhancing training for law enforcement personnel, and improving data collection and reporting mechanisms. It also means addressing systemic issues such as gender bias and institutionalized racism that can influence how cases are prioritized and investigated. Eliminating the rape kit backlog in the United States will not rid our society of all sexual violence; however, it is a critical step in achieving justice for survivors and holding perpetrators accountable. Investments into lab infrastructure expansions, victim support networks, and scaling the issue would help the nation work towards betterment.