By Leah Forney, SAKI Victime Notification Advocate and Underserved Populations Policy Advocate and Laura Jessick , SAKI/SART Manager
The fight for justice and healing for sexual assault survivors in Maryland has faced a daunting obstacle: a staggering backlog of over 7,000 untested, and unsubmitted, and partially tested sexual assault evidence kits (SAEKs), commonly known as rape kits. While federal funds have been awarded to test the pre-2018 backlog, the state struggled to expend the funds and, after 6 years of funding, according to available data, over 6,000 of these kits remain untested. As concerning, the State continues to struggle to gather accurate data about the number of kits collected since 2018. This backlog is not just a systemic issue, it’s an issue that profoundly impacts the lives of survivors.
Far too often, survivors of sexual assault, including those who are impacted by the rape kit backlog and those who have recently been assaulted, are left with unanswered questions, uncertainty, and no justice. They have to rely on their own support system to get them through the traumatic experience of being sexually assaulted. Maryland’s backlog of untested, and unsubmitted, and partially tested SAEKs rape kits impedes survivors' paths to justice and healing in several ways:
1. Delayed Justice: Critical evidence remains unanalyzed, delaying legal proceedings and potentially allowing perpetrators to remain free, unpunished, and able to offend again.
2. Prolonged Emotional Trauma: Survivors experience prolonged distress and a sense of neglect by the justice system.
3. Mistrust in the Criminal Justice System: The backlog erodes trust in law enforcement and the criminal justice system and discourages feature reporting.
4. Missed Opportunities: Delays in testing can result in missed chances to link cases and identify serial offenders.
5. Delayed Healing: The lack of communication about the status of their case and the associated rape kit, along with the unlikelihood of ever seeing justice hinders survivors' psychological and emotional recovery.
The Maryland Sexaul Assault Kit Initaitive (SAKI) formally began in 2018 and is funded primarily with federal funds. SAKI strives to clear the backlog and bring survivors the answers and opportunity for healing that they deserve. Prior to the Maryland SAKI project, many survivors were unaware that there was, and still is, a backlog of untested, unsubmitted, and partially tested SAEKs. Part of this initiative is to increase community awareness of the backlog and the associated Maryland SAKI project, which extends beyond eliminating the backlog but also aims to prevent a future backlog from accruing. To do this, different funding streams are utilized to address SAEK testing in Maryland. Some local jurisdictions have obtained dedicated funding to boost the state efforts and additional state funding is used to address rape kits in current cases. In congruence with the belief that all survivors have the right to information about their rape kits, MCASA is available to help all survivors, regardless of when an assault took place or the funding source used for rape kit testing.
To address this issue, the Maryland Sexual Assault Kit Initiative (SAKI) was established in 2018 to begin the work of clearing this backlog and bringing survivors the answers and opportunity for healing that they deserve. Prior to the Maryland SAKI project, many survivors were unaware that there was and still is a backlog of untested and unsubmitted sexual assault evidence kits. Part of this initiative is to increase community awareness of the rape kit backlog and the associated Maryland SAKI project.
To continue to educate the community about the state's backlog and to foster accountability within law enforcement and crime laboratories, MCASA SAKI Victim Advocate Leah Forney spearheaded the creation of an interactive map, the “Maryland SAKI Impact Map,” . This interactive map provides detailed information on the untested, unsubmitted, and partially tested rape kits SAEKs by county and agency, providing the public with an unprecedented level of transparency and encouraging action. This map is not complete because of data collection issues, but provides some basic information about the continued need for testing the backlog.
In addition to the SAKI Impact Map, Maryland has implemented a new statewide sexual assault evidence kit SAEK tracking system, Track-Kit™, that gives survivors direct and timely access to information about their rape kit SAEK, including the testing status and location. Under Maryland law, Md. Crim. Pro. §11-926.1, all law enforcement agencies that investigate sexual assault, crime labs, sexual assault forensic exam programs, and state’s attorney’s office, are required to utilize the system. The tracking system should help resolve the continuing statewide data issues as well as providing information to survivors.
As of its launch date, May 28th 2024, all SAEKs must be entered into the system at the time of collection. At this time, survivors are given discrete login information to view the status of their kit and set up notification preferences to receive notice of any updates or changes related to their SAEK. It is further required that all kits including those in the backlog, must be entered into the system by December 31st, 2025. This will give all survivors who received a SAEK access to the system, regardless of when the assault took place.
However, barriers remain as the tracking system does not incorporate advocate access. Instead, survivors are currently forced to contact law enforcement or the hospital where they received their sexual assault forensic exam (SAFE) with any questions or problems, including login issues. MCASA recognizes that many survivors are reluctant to contact law enforcement and contacting a hospital may be difficult, particularly if they are required to go to a hospital in person. In contrast, advocates are uniquely placed to assist survivors in a trauma-informed manner without involving law enforcement personnel.
Further, there are thousands of kits in the backlog and these survivors were never provided with tracking information because the system did not exist yet. MCASA SAKI Victim Notification Advocates are responsible for contacting all survivors affected by the backlog, including these survivors. As such, access to the system and ability to provide survivors in these older cases with the tracking system information and their unique login information, is critical for advocates. Recent discussions have also highlighted the need for prosecutors and law enforcement to have information about when survivors have been notified about the status of their kits and indicated they do not want to participate in the criminal justice system. The tracking system should include this information when the survivor wishes it. Finally, the tracking system is key to holding the government accountable and to prevent future failures. Transparency could be provided through advocate access or through a dashboard with aggregate data or both.
Both the Maryland SAKI Impact Map and the implementation of Track-Kit™ are accomplishments that demonstrate Maryland’s belief that sexual assault evidence kits need to be tested and that survivors deserve to be informed about the status or their kit. With these tools in place, true progress is possible. We may have a long way to go to end sexual violence, but we are slowly moving in the right direction. MCASA is continuing to fight to make progress and stop the continued delays in testing.
You can access the Maryland SAKI Impact Map here.
For more information about the Maryland tracking system, Track-Kit™, visit: https://gocpp.maryland.gov/sexual-assault-kit-tracking-system.
