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What is the rape kit backlog and what are my evidence collecting options?
Answer by Dr. Laura
PhD Mental Health Nurse & Sexual Assault Nurse Examiner
After a sexual assault, a survivor can choose to have forensic exam (sometimes called a “rape kit” or “SANE exam”) completed at a hospital or designated rape crisis center with a specially trained medical professional.
A forensic exam typically assesses and documents any injuries, swabs for DNA evidence, and administers medication to prevent pregnancy and STD/STIs. This exam is free and is most effective when it is completed within 72 hours after an assault has occurred.
Having a forensic exam after an assault is a separate process from filing a report with law enforcement. You can choose to have evidence collected, but do not have to report your sexual assault at the same time if you don’t want to.
If you want to report your sexual assault, law enforcement will pick up any evidence and send it to a crime lab for testing. If you don’t want to report or are unsure, you can still have evidence collected, but it will be stored safely in case you want to report later.
States often limit how long you can wait to report a crime, ranging from 2-30 years. If you may be interested in reporting your assault at any point, look up these limits based on the state where your assault occurred.
These are difficult decisions to make. You are not alone if you feel overwhelmed or unsure on what to do. Know that there is no “right” choice—there is only the choice that is right for you.
Having evidence saved is different from the rape kit backlog. The backlog refers to cases where a survivor makes a report, but evidence is not analyzed for a DNA match. This happens when evidence is never sent to a crime lab, or when a lab takes too long to process it.
The backlog is an issue because the success of a legal case often depends on what evidence is available. The failure to process rape kits and test for DNA matches can affect whether a survivor obtains the justice they deserve.
While the rape kit backlog problem has improved substantially, we still have a very long way to go until all backlogged kits are properly tested. Reporting after an assault has historically been a complex issue. If you need help navigating your options, contact your local rape crisis center.
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Grounding activity
Find a comfortable place to sit. Gently close your eyes and take a couple of deep breaths - in through your nose (count to 3), out through your mouth (count of 3). Now open your eyes and look around you. Name the following out loud:
5 – things you can see (you can look within the room and out of the window)
4 – things you can feel (what is in front of you that you can touch?)
3 – things you can hear
2 – things you can smell
1 – thing you like about yourself.
Take a deep breath to end.
From where you are sitting, look around for things that have a texture or are nice or interesting to look at.
Hold an object in your hand and bring your full focus to it. Look at where shadows fall on parts of it or maybe where there are shapes that form within the object. Feel how heavy or light it is in your hand and what the surface texture feels like under your fingers (This can also be done with a pet if you have one).
Take a deep breath to end.
Ask yourself the following questions and answer them out loud:
1. Where am I?
2. What day of the week is today?
3. What is today’s date?
4. What is the current month?
5. What is the current year?
6. How old am I?
7. What season is it?
Take a deep breath to end.
Put your right hand palm down on your left shoulder. Put your left hand palm down on your right shoulder. Choose a sentence that will strengthen you. For example: “I am powerful.” Say the sentence out loud first and pat your right hand on your left shoulder, then your left hand on your right shoulder.
Alternate the patting. Do ten pats altogether, five on each side, each time repeating your sentences aloud.
Take a deep breath to end.
Cross your arms in front of you and draw them towards your chest. With your right hand, hold your left upper arm. With your left hand, hold your right upper arm. Squeeze gently, and pull your arms inwards. Hold the squeeze for a little while, finding the right amount of squeeze for you in this moment. Hold the tension and release. Then squeeze for a little while again and release. Stay like that for a moment.
Take a deep breath to end.