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If you have ever had a sexual assault exam done, you deserve to know what happened to the evidence. But depending on where your assault took place and when, answers might be difficult to find.
Not all states guarantee survivors the right to information about their rape kits. A USA TODAY investigation found that even in places that have committed to testing backlogged kits from old rape cases, victims are not consistently notified of the results. Some agencies call a victim only when officials plan to reopen an investigation or believe the case can be prosecuted – a fraction of all reports.
USA TODAY created a guide to help survivors of sexual assault know their rights, find their rape kits and seek support during the process.
Thirty-four states have passed laws that give victims the right to obtain information about the status of their rape kits. The information the laws require to be provided – such as testing results, updates on the investigation or notification if the kit is going to be destroyed – varies by state.
Thirty-five states have launched rape kit tracking systems. Many include a portal where you can log in to see the status of your kit.
The Joyful Heart Foundation, a leading advocacy organization focused on rape kit reform, maintains an updated list of states that have victims’ rights laws or tracking systems.
These eight states have neither: Delaware, Kansas, Maine, New Jersey, North Dakota, South Carolina, South Dakota and Wyoming. At least four of them − Kansas, North Dakota, South Carolina and New Jersey − were in the process of creating a tracking system as of September 2024.
Tell us your story:If you know of a rape case that was neglected, or have experience with the system, tell us here.
If your state has a rape kit tracking system, start there. But many tracking systems only include kits collected after the system launched. So, if your rape happened several years or even decades ago, yours might not be included.
Some states have dedicated information lines for survivors whose kits were part of the backlog, including Maryland and Minnesota.
If your state doesn’t have an information line or tracking system, or your rape kit is not included, there are other options.
Contact the law enforcement agency where you reported your assault, the local prosecutor’s office or both and tell them you are looking for information about what happened to your sexual assault kit.
Ilse Knecht, the Joyful Heart Foundation’s director of policy and advocacy, recommends putting the request in writing and sending it to multiple people such as the chief of police and the law enforcement agency’s public information officer. If your state has a victims’ rights bill, be sure to mention that in your request.
The process can be frustrating and require persistence.
“Don’t worry about being a bother,” Knecht said. “You have the right to know where your kit is.”
Many states in recent years have passed laws extending the amount of time officials are required to store sexual assault kits before destroying them. Illinois requires kits to be stored for at least 10 years. In Idaho, it is 55 years. Minnesota requires kits to be stored indefinitely – unless the victim has not made an official report to police, and then it’s just 30 months.
But countless kits have already been discarded.
Knecht said that if you find out that your kit has been destroyed, you still can ask the police to give your case a fresh look. Even without DNA, there might be other evidence worth renewed investigation. And the police may still be able to answer other questions you have about your case.
“Information is so important to survivors,” Knecht said. “They really feel strongly that information about their case belongs to them, and they should have access to it.”
In seeking answers about your rape kit, you may end up making repeated phone calls, hitting dead ends and needing to repeat details about your sexual assault. Knecht said the process, “for many survivors, is very harmful to their well-being.”
There are people who can help.
Public agencies, such as mayor’s offices or state attorneys general, often have an employee or department dedicated to victims’ services.
You can also call your local rape crisis center. RAINN – the Rape, Abuse & Incest National Network – operates an online hotline where survivors can receive support and referrals to local services. To reach the hotline by phone, call 800-656-4673.
Tricia L. Nadolny is a reporter on the USA TODAY investigations team. Contact her at [email protected] or on X @TriciaNadolny.