By Kerrie Kang and Laura Jessick, SAKI Project
Maryland survivors of sexual assault can receive a sexual assault forensic exam (SAFE) at designated hospitals. These exams are free of charge and conducted by specially trained nurses, known as forensic nurse examiners (FNEs), dedicated to providing medical forensic care to survivors in the aftermath of a sexual assault. During a SAFE, FNEs conduct a full body examination and provide medical care, including injury care and the availability of medication to prevent pregnancy, HIV, and other sexually transmitted infections. They also collect samples for a sexual assault evidence kit (SAEK), commonly known as a rape kit, which is a package of materials containing physical (biological) evidence from the survivor’s body, clothing, and other belongings (RAINN, 2022).
If a survivor reports the sexual assault to law enforcement and would like to move forward with a criminal investigation, then the rape kit should be sent to a forensic laboratory for testing (Campbell et al., 2017). Through testing, biological samples from the kits can lead to the creation of DNA profiles that can be uploaded into the FBI’s Combined DNA Index System (CODIS), a national DNA database that can help identify perpetrators, link perpetrators to other crimes, and provide valuable information for investigations and prosecutions (FBI, 2022).
A White House report released in 2014 revealed a national backlog of untested rape kits (The White House Council on Women and Girls, 2014). In order to understand the extent of Maryland’s backlog, the Office of the Attorney General required law enforcement agencies to conduct an audit of all untested SAEKs in their possession. This audit revealed that the majority of untested rape kits were not awaiting forensic testing at crime laboratories, but instead were never submitted for testing because law enforcement determined that the kits did not need to be tested. This highlighted a lack of consistency and understanding of rape kit testing among law enforcement agencies (OAG, 2017).
The Sexual Assault Victims Resources Act of 2017 established the Maryland Sexual Assault Evidence Kit Policy and Funding Committee (“SAEK Committee”) to develop guidance that would provide consistency for rape kit collection, testing, and retention in Maryland. The committee is chaired by the Maryland Attorney General and serves as a statewide Sexual Assault Response Team (SART) comprised of law enforcement agencies, forensic scientists, medical professionals, crime victims’ rights attorneys, victim advocates, prosecutors, agency officials, and legislators.
In September 2018, the U.S. Department of Justice’s Bureau of Justice Assistance (BJA) awarded $2.6 million to Maryland through its National Sexual Assault Kit Initiative (SAKI) grant program. Funding was awarded to the Governor’s Office of Crime Prevention, Youth, and Victim Services to partner with other statewide agencies including the Office of the Attorney General, the Maryland State Police Forensic Sciences Division, and the Maryland Coalition Against Sexual Assault (MCASA), who all work together though the SAEK Committee to oversee the Maryland SAKI project. The project entails conducting a statewide inventory of unsubmitted rape kits collected prior to May 1, 2018, and testing all rape kits in accordance with Maryland’s rape kit testing criteria. This testing criteria, which was established in January 2020, requires law enforcement to submit all rape kits for testing unless it is determined that a crime did not occur, the survivor declines to have their rape kit tested, or the offender is convicted, and their DNA is already in CODIS (Md. Crim. Pro. §11-926). The Maryland SAKI project also includes support for the purchase of a statewide rape kit tracking system; investigation and prosecution of cold cases; and providing victim services (SAEK Committee Annual Report, 2022).
MCASA firmly believes in each survivor’s right to be informed about the testing of their rape kit, which was formalized into Maryland legislation in 2017 through House Bill 255/Senate Bill 349 and requires law enforcement agencies to respond to victim inquiries about the testing of their kits within 30 days. To help enforce that right, MCASA led the Maryland SAKI project’s development of the Maryland SAKI Survivor Notification Protocol. This protocol involves two types of notification processes that prioritize survivors’ safety and privacy, Survivor-Initiated Notification and Advocate-Initiated Notification. Survivors can contact MCASA to “opt-in” to control how, when, and why they should be contacted regarding their rape kits. When law enforcement contacts MCASA to conduct a notification for a survivor who has gone through the opt-in process, the Maryland SAKI Notification Team adheres to the survivor’s notification preferences. If the survivor has not opted-in, then the MCASA SAKI Team attempts notification through the advocate-initiated notification process. During this process a Maryland SAKI victim advocate will use available contact information to try to contact the survivor.
Upon successful notification, survivors are given the opportunity to meet with law enforcement and an advocate to discuss the testing results and any next steps in the investigation of the case. Law enforcement and advocates offer an apology to survivors for any pain the rape kit backlog has caused and for uncertainty they may have felt about the status of their rape kit and criminal investigation. This apology has been found to be a powerful tool in restoring trust, supporting healing and recovery, and encouraging engagement in the criminal justice system.
Maryland continues to make progress in addressing the needs of sexual assault survivors and passed legislation to provide protections for rape kits during the 2023 legislative session. House Bill 758/Senate Bill 789 increased the state’s mandatory retention period of rape kits from 20 years to 75 years. House Bill 759/Senate Bill 615 codified that Maryland will establish and administer a tracking system for rape kits that the Maryland SAKI project has been working towards. This tracking system will be accessible to survivors and, in accordance with the newly passed legislation, all law enforcement agencies, crime labs, hospitals, and state’s attorney’s offices will be required utilize the tracking system to track the location, status, and chain of custody for all rape kits.
Survivors of sexual assault who are affected by the rape kit backlog in Maryland can speak with a Victim Notification Advocate on the Maryland SAKI “Opt-In” Information Lines about any questions or concerns they may have, obtain information about their rape kits, and discuss notification options. Notification preferences can be changed at any time. Maryland SAKI Advocates can assist non-English speaking survivors using an interpretation service if needed. They can also provide referrals to Maryland Rape Crisis and Recovery Centers and legal services at MCASA’s Sexual Assault Legal Institute. The Maryland SAKI “Opt-In” Information Lines can be reached Monday through Friday, 9am-6pm, by contacting MCASA at 833-364-0046 or [email protected].
To download or order free materials on the Maryland SAKI project and other related topics, visit the MCASA Online Store.
This project was supported by Grant No. 15PBJA-21-GG-04325-SAKI awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.
The Governor’s Office of Crime Prevention, Youth, and Victim Services funded this project under subaward number SAKI-2021-0003. All points of view in this document are those of the author and do not necessarily represent the official position of any State or Federal agency.
References:
Campbell, R., Feeney, H., Fehler-Cabral, G., Shaw, J., & Horsford, S. (2017). The National Problem of Untested Sexual Assault Kits (SAKs): Scope, Causes, and Future Directions for Research, Policy, and Practice. Trauma, Violence & Abuse, 18(4), 363–376. Retrieved from: https://www.jstor.org/stable/27010937
Federal Bureau of Investigation (FBI). (2022). Biometrics and Fingerprints. Retrieved from: https://le.fbi.gov/science-and-lab-resources/biometrics-and-fingerprints/codis#Overview
Maryland Sexual Assault Evidence Kit Policy and Funding Committee (SAEK Committee). (2022). Annual Report. Retrieved from: https://www.marylandattorneygeneral.gov/Pages/Groups/2022_SAEK_Committee_Annual_Report.pdf
Office of the Attorney General (OAG). (2017). Statewide Accounting of Untested Sexual Assault Evidence Kits in the State of Maryland. Retrieved from: https://www.marylandattorneygeneral.gov/Reports/Rape_Kit_Report.pdf
Rape, Abuse & Incest National Network (RAINN). (2022). What is a Sexual Assault Forensic Exam? Retrieved from: https://www.rainn.org/articles/rape-kit
The White House Council on Women and Girls. (2014). Rape and Sexual Assault: A Renewed Call to Action. Retrieved from: https://obamawhitehouse.archives.gov/sites/default/files/docs/sexual_assault_report_1-21-14.pdf
