Victim Notification and Re-Engagement in the Minnesota Sexual Assault Kit Initiative

Sexual assault kits (SAKs, i.e., “rape kits”) are a forensic tool that can assist criminal justice personnel in their response to sexual assault. However, important questions emerge as SAKs are tested: What is the best way to notify victims of the forensic lab results? Because many of these SAKs were never submitted for testing, the question of how to notify victims, given the non-optimal time lapse between SAK collection and testing, becomes even more pertinent. Moreover, victims play a key role in the criminal justice response to sexual assault, as many jurisdictions rarely prosecute sexual assault cases without victim participation. Therefore, a second question is of interest: How do we accomplish notification in a victim-centered, trauma-informed way that promotes healing and encourages victim re-engagement with the criminal justice system? To address these questions, this chapter explores current advancements in the understanding of victim notification (VN) in these “cold” sexual assault cases. Topics covered include a discussion of the purpose of VN and its implications, potential issues in notification, and types of notifications. We include a discussion of best practices for victim-centered, trauma-informed VNs and how the criminal justice system can begin to make amends for past wrongs. This chapter also includes a brief summary of findings on VN from two different Sexual Assault Kit Initiative sites. While the focus will be on notifications related to “cold” sexual assault cases with previously unsubmitted SAKs, the goal is to provide direction on how to apply lessons learned to current notification practices.

In the United States, sexual assault survivors are advised to have a medical forensic exam and the collection of a sexual assault kit (SAK) to preserve biological evidence (e.g. semen, blood, saliva, hair) if they are considering reporting the assault to the police. Law enforcement personnel are supposed to submit the SAK (also known as a “rape kit”) to a crime laboratory for forensic DNA testing, which can help identify or confirm the identity of the offender. However, police do not routinely submit SAKs for testing, and large stockpiles of untested kits have been found in police storage throughout the United States. Public outrage has prompted many cities to submit these older rape kits for DNA analysis, and this testing has identified thousands of suspected perpetrators. Police and prosecutors are re-opening these older sexual assault cases, which requires reestablishing contact with survivors who made the initial report years ago – a process referred to as “victim notification.” In this study, we conducted qualitative interviews with survivors who received a SAK victim notification and participated in the re-investigation and prosecution of their cases. We explored how survivors reacted to this de facto admission of an institutional betrayal and the emotions they felt during and after the notification. Participants experienced considerable emotional distress (e.g. PTSD, anxiety, fear), anger and betrayal, and hope after they were recontacted by the police. Implications for making victim notifications more trauma informed are discussed.

Current estimates suggest there are 300,000-400,000 untested sexual assault kits (SAKs) in police department storage facilities throughout the United States. As these kits are being discovered and then submitted for forensic DNA testing, legal system personnel may recontact victims. These "victim notifications" involve informing survivors their kits were previously untested, sharing the results of new DNA testing, and asking for their engagement in reinvestigating and prosecuting the case. Typically, victim notifications are conducted by police, and survivors are connected with victim advocates soon thereafter. In this study, we interviewed survivors about their experiences of being notified by the police. We also interviewed about their work supporting survivors. Both survivors and advocates expressed strong concerns about police conducting notifications without an advocate present.

Sexual assault is a significantly under-reported, -investigated, and -prosecuted crime in the United States, which criminal justice and advocacy actors across the country are working to address. Law enforcement procedures often involve providing crime victims, including sexual assault victims, with written notification by mail about the status of their case, but little is known about the best practices for victim notification in sexual assault "cold" cases. This qualitative research explored whether this standard law enforcement practice was appropriate for sexual assault victims in "cold cases" particularly when there had been no contact from law enforcement, despite forensic evidence having been tested. The research questions were what do sexual assault victims in cold cases have to say about victim notification protocols and practices? and What do sexual assault victims in cold cases have to say about hypothetical written victim notification protocols? Twenty-three sexual assault victims were asked in focus groups and individual interviews to respond to hypothetical written notification letters for content and the sending authority and to give input on alternative modes of communication. The data were analyzed using grounded theory. Themes related to trust, personal agency, and decision making from notification examples emerged. Recommendations on notification included respecting privacy, including specifics, identifying next steps, normalizing, translating, and providing resources. Implications for developing notification protocols include use of emerging evidence about neurobiology of trauma, use of victim input, and patience for the varying reactions and needs of sexual assault victims.

Large stockpiles of unsubmitted sexual assault kits have been discovered across the United States and are disproportionately concentrated in predominantly Black communities. Recent testing of stockpiled sexual assault kits and reopening sexual assault “cold cases” for reinvestigation and prosecution created a second opportunity for justice through the criminal legal system for some sexual assault survivors. This study explored survivors’ decision-making regarding re-engagement with the criminal legal system. Researchers conducted qualitative semi-structured interviews with 32 sexual assault survivors who chose to participate in the reinvestigation and prosecution of their case following a victim notification. Most participants were Black or African American women (88%). Motivations for re-engagement included a desire to prevent future harm, seek personal justice, and find closure. Concerns about re-engagement included fears about safety and the potential emotional toll of the reinvestigation and prosecution. These findings hold implications for how jurisdictions conduct victim notifications and the need for confidential, community-based advocacy to help survivors navigate the decision to re-engage. Police jurisdictions should prioritize testing both current and previously unsubmitted sexual assault kits and ensure that survivors are empowered to make informed decisions regarding their re-engagement in the legal process.

Sexual harassment of women and girls in public places is prevalent and well-documented in Egypt. In a 2008 study of about 1,010 women and 1,010 men in Greater Cairo, 83 percent of Egyptian women and 98 percent of foreign women respondents reported they had been sexually harassed (Hassan, Abul Komsan, and Shoukry 2008, 16). A 2013 UN Women study revealed that 99 percent of 2,332 women sampled from seven governorates across rural and urban contexts, including Cairo, Alexandria, Ismailia, Gharbia, Dakahleya, Assiut, and Qena, had been sexually harassed (El-Deeb 2013, 6). Additionally, a 2014 study by HarassMap reported that 95 percent of three hundred women surveyed in Greater Cairo experienced sexual harassment (Fahmy et al. 2014, 6).Collective sexual assault and rape by largely unidentified men were prevalent responses to protests in Tahrir Square between 2011 and 2014 (El-Nadeem et al. 2013; Langohr 2013, 19; Nazra 2014). Such violence added to the existing widespread problem of everyday sexual harassment of women and girls by men and boys in public places, as well as sexual violence against women activists by actors affiliated with state security and police forces (Amar 2011, 309; Hafez 2014, 178; Tadros 2013, 8). In a context characterized by lax security due to the withdrawal of the police from the streets after the 2011 revolution (Ahmad Zaki and Abd Alhamid 2014; Tadros 2013, 7), novel forms of street-level action-oriented initiatives emerged and intensified. These initiatives focused on bystander intervention and self-defense and aimed at changing individual behaviors and attitudes, particularly as sexual assaults against activist and nonactivist women and girls became a regular feature of life. Initiatives against sexual harassment and assault such as HarassMap, OpAntiSH, Tahrir Bodyguard, WenDo Egypt, Shoft Taharrush, Dedd el-Taharrush, and Harakat Bassma relied on large numbers of volunteers and used social media for mobilization (Ahmad Zaki and Abd Alhamid 2014; Langohr 2013, 19; Langohr 2015, 131). Such action-oriented initiatives were facilitated by growing mainstream and social media attention to sexual harassment and violence and the ease of mobilizing creatively on- and offline to expose and shame harassers, name experiences of violence, and discuss them (Langohr 2015, 132).Between 2005 and 2010, in contrast, anti–sexual harassment interventions in Egypt by women’s and feminist nongovernmental organizations had focused largely on raising awareness and improving laws and policies, although there were early efforts at bottom-up approaches that used art, music, and theatrical events; workshops and trainings held at El Sawy Culture Wheel, the Goethe Institute, and the campus of the American University in Cairo (AUC); and interactive information sessions that included the collection of survey data to understand people’s experiences at AUC (Rizzo, Price, and Meyer 2012, 471–72; Pratt 2005, 141). The new initiatives against sexual harassment and assault represent for Hind Ahmad Zaki and Dalia Abd Alhamid (2014) the rise of “an independent social movement” that includes hundreds if not thousands of volunteers. Dalia Abd Alhamid, who works with the Egyptian Initiative for Personal Rights, emphasizes the “tremendous change” that occurred after the revolution as anti–sexual harassment activism moved away from small-scale “workshops, reports, documentation” that reached few people.1In addition to analyzing reports and secondary source material, this article uses fieldwork research we conducted in Cairo to explore the strategies and work of two prominent anti–sexual harassment initiatives, HarassMap, established in October 2010, and WenDo Egypt, established in May 2013.2 HarassMap activists mobilize bystanders to intervene if they witness sexual harassment, and WenDo Egypt trainers offer self-defense courses that encourage women to verbally and physically respond to harassment and assault against themselves and other women. We conducted participant observation and interviews with four activists in HarassMap and four trainers in Wendo Egypt. Participant observation included Abdelmonem working in the HarassMap office and attending unit meetings, trainings, and street outreach between 2013 and 2014. Galán participated in three self-defense workshops organized by WenDo Egypt in 2014 and 2015. We also interviewed six representatives of organizations and initiatives working against sexual harassment and assault, one each from the Egyptian Initiative for Personal Rights, Nazra for Feminist Studies, El-Nadeem Center for Rehabilitation of Victims of Violence, Harakat Bassma, Dedd el-Taharrush, and Tahrir Bodyguard. All interviews were conducted in English.HarassMap was launched in October 2010 by going live with an online crowdmapping system, Ushahidi, a GIS-based technology that asks users to anonymously describe their sexual harassment experience and pinpoint the location of the incident on a Google map (Peuchaud 2014, i115, i118; Skalli 2014, 250).3 The HarassMap cofounders include Rebecca Chiao, a US citizen employed as international relations director between 2004 and 2008 at the Egyptian Center for Women’s Rights (ECWR); Engy Ghozlan, an Egyptian citizen who managed the ECWR anti–sexual harassment program in 2007 and 2008; Sawsan Gad, an independent Egyptian researcher who affiliated with ECWR in 2009; and Amel Fahmy, an Egyptian employee of the UN Population Fund from 2008 to 2011.In late 2008 Chiao and Ghozlan separately left ECWR because, as they report, they each sought other work opportunities and increasingly disagreed with the organization’s political advocacy approach in response to sexual harassment. In 2005 ECWR initiated the “Making Our Streets Safe for Everyone” project to combat sexual harassment. Initially, the initiative centered on bottom-up strategies that engaged local people to raise awareness of sexual harassment as a problem. It was not externally funded and was run by Chiao and unpaid interns and volunteers until 2007, at which point it received a grant from the UN Population Fund (Rizzo, Price, and Myer 2012, 470). With funding, Chiao contends that ECWR moved toward top-down projects, such as conducting research and promoting draft legal amendments to criminalize sexual harassment in Egypt (ECWR 2009; FIDH et al. 2014, 74).4 Within Egypt’s militarized and neoliberal environment, ECWR and other NGOs sought to combat sexual harassment without breaching a variety of legal restrictions on their activities, including the 1958 Emergency Law and Law 84 of 2002, regulating NGOs (Rizzo, Price, and Meyer 2012, 464).HarassMap founders bypassed registration with the Ministry of Social Affairs, a practice that became widespread among anti–sexual harassment initiatives after the revolution.5 Initially, Chiao and Ghozlan worked part-time at other jobs while using their private cars and personal funds for the initiative and meeting with volunteers in cafés.6 They held the first outreach meeting with volunteers in December 2010, although the revolution accelerated their work as people began to speak more freely about sexual violence and the “barrier between people and the street” was removed.7 Amal ElMohandes of Nazra similarly reports that between 2011 and 2013 “public space was very open” and “very promising.”8 She continues: “everyone felt that they own the streets.” Between 2012 and 2013 HarassMap incubated with the capacity-building NGO Nahdat el-Mahrousa, which oversaw the use of funds from the Canadian-based International Development Research Center. HarassMap used these funds to hire staff to coordinate volunteers and pay for the use of a coworking space in Heliopolis. In 2015, given the government’s renewed enforcement of Law 84, HarassMap sought formal NGO status, which was approved in early spring 2016.HarassMap’s mission is to end the “social acceptability” of public sexual harassment and encourage people to stand up against it. Thus the primary focus of their work is to build community outreach teams comprising local people who speak to their neighbors and community kin to promote zero tolerance for sexual harassment and more recently to recruit schools, universities, small businesses, and corporations to become “role models” and devise internal measures—HarassMap calls these “escalation policies”—to manage sexual harassment claims. Initially, HarassMap activists hoped to use their Ushahidi-powered crowdmap to conduct community outreach in “hotspots” of sexual harassment. This idea was discarded soon after the first volunteer training in December 2010, when the cofounders decided that it made more sense to focus instead on the neighborhoods of their growing volunteer pool to more effectively impact the neighbors, friends, and family of participants.9HarassMap comprises several units. At the time this research was conducted, the Community Outreach unit worked with more than fourteen hundred volunteers in twenty-three governorates to coordinate monthly street campaigns. Within each governorate, HarassMap trains volunteers to become “community captains” who are responsible for building, training, and overseeing their own volunteer team to conduct a minimum of one or two outreach days per month to engage people and instill within them a sense of responsibility for solving the problem of sexual harassment and changing cultural sensibilities.10 The Safe Areas unit works with small businesses such as cafés, kiosks, and even taxis. The Safe Corporates unit works with companies such as Uber. The Safe Schools and Universities unit develops campus outreach teams. Additionally, the Marketing and Communications unit streamlines messaging, mediates media presence, and devises campaigns, while the Research unit manages the crowdmap, though this unit is currently being reformulated.Social movement theorists have long noted that social and political change depends on the mobilization of bystander publics, who have been described as “distal spectators” even if they are sympathetic (Snow, Zurcher, and Peters 1981, 31). Social movement actors often seek to sway bystanders to their cause and turn them into movement adherents to build a critical mass that will precipitate change (Benford and Snow 2000, 624). HarassMap seeks to end the bystander effect in relation to sexual harassment by convincing bystanders (al-nas illi waqifa), or those who “play stupid” (iʿmal ʿabit), to view it as a crime that is everyone’s responsibility to counteract. “Play stupid” appeared as a caption in a cartoon circulated on HarassMap’s (2013) Facebook page, showing a faceless woman on a crowded metro car being harassed while others ignored the situation. Bystanders, HarassMap activists argue, contribute to the social acceptability of sexual harassment.In a TedX (2012) talk, Chiao noted that bystanders use myths to excuse sexual harassment, for example by arguing that it happens only to foreign or unveiled women or that harassers are sexually frustrated because of delayed marriage. Referencing a 2007 political campaign poster of a lollipop covered with flies that encouraged women to veil to avoid sexual harassment, Chiao challenged this message, saying: “We believe that the only way that this problem will stop is if all the harassers stop harassing. And the only way they’ll stop is if we stop accepting these reasons. Stop ignoring, stop making excuses for them, and stop tolerating their behavior.” Like other activists, Chiao believes that men bystanders and harassers “actually interpret silence as welcoming.”11HarassMap’s Ebaʾa el-Tamimi argues that bystanders often consider harassers to be “cool” and believe that women want to be sexually harassed.12 To challenge common responses to sexual harassment, HarassMap launched a series of campaigns between 2012 and 2015, including “Byitḥarrash leh?” (“Why Does He Harass?”), “Mesh sakta” (“I Am Not Silent”), “Ṣaliḥha fi dimaghak” (“Get It Right”), “ʿAyyizin siyasa guwwa al-gamaʿa” (“We Want a Policy in the University”), “Di mesh muʿ aksa, da taḥarrush” (“It’s Not Flirtation, It’s Harassment”), and “Al-mutaḥarrish mugrim” (“The Harasser Is a Criminal”). El-Tamimi emphasizes that these campaigns either focus on or direct their message to bystanders:I’m not telling the harasser to stop harassing. I’m not telling him to “stop this long-term behavior that you’ve been doing all your life.” . . . I’m not even talking to him. I’m talking to people in the street who are generally passive and generally sit around and look at something happening, sometimes they even disagree with it. . . . The idea is to activate these people. You can do it on moral grounds, so you can go and do what the community mobilization guys do and talk to people and make eye contact and tell them this happens on your very street under your own nose and you don’t do anything about it.13In their fall 2013 biannual training workshop, called HarassMap Academy, activists conducted a performance activity in which they asked volunteers to compare how bystanders beat thieves and turn them into the police when a woman’s purse is stolen, whereas they are usually silent when a woman’s body or personal space is violated on the street. HarassMap seeks to “transfer the salience” of standing up to theft to standing up to sexual harassment (Von Atteveldt, Ruigrok, and Kliennijenhuis 2006, 2). As HarassMap’s former director of Community Outreach Hussein El-Shafei (2013) explained to volunteers in a training workshop held in Fayoum in October 2013, the initiative’s work depends on street awareness campaigns that gain people’s trust, transform their perceptions of sexual harassment, and obtain their agreement to speak up as witnesses in order to reshape the “social mentality” (al-ʿaqliyya al-igtimaʿiyya).The focus on bystanders and individual responsibility to stop harassment in a community avoids demonizing or alienating young lower-class men who are usually identified as harassers in popular discourse (Amar 2011, 317). This approach to combating gender-based violence has been criticized for shifting blame to bystanders, encouraging vigilantism, and endangering those who intervene (Elk and Devereaux 2014). These criticisms, however, do not address bystander approaches focused on producing social pressure that changes harassing behavior and creates new community norms, which is HarassMap’s goal.WenDo Egypt was established in May 2013 by Schirin Salem, a former gender project manager at the German Agency for International Cooperation. Being “half-Egyptian, half-German,” as she describes herself, influenced Salem’s decision to bring to Cairo WenDo, a women’s self-defense method created in Canada in the 1970s.14 “I have been coming to Egypt since my early childhood and always saw harassment,” notes Salem.15 She was surprised that her cousins and friends “never reacted” when harassed. Salem learned of WenDo when she attended a self-defense course as a thirteen-year-old in Germany. She recalls this experience as greatly increasing her self-confidence. Many years later she still remembered many self-defense techniques she learned. After she moved back to Egypt in the aftermath of the January 25 Revolution, she became certified as a WenDo trainer and decided to adapt this “Western concept” to the safety concerns of Egyptian women and girls.16 Salem trained weekly with a group of Egyptian women, practicing the exercises and modifying them to their needs and demands.WenDo self-defense training is addressed to women and girls of all ages, shapes, sizes, and abilities. It focuses on increasing women’s self-confidence and assertiveness in public places and on teaching women how to react against everyday sexual harassment through a wide range of strategies. The goal is to increase the number of women who walk confidently on the streets and react effectively and assertively to stop sexual harassment. Salem emphasizes that WenDo Egypt allows her to “see an effect right after” a training instead of waiting years for change.17WenDo Egypt basic training includes ten hours divided into two blocks. In the first, women learn how to enforce their boundaries through the look, voice, and body language. In the second block, they practice easy-to-perform kicks and punches that target vulnerable areas of a man’s anatomy. Since 2014 Salem has trained twenty-six new instructors from Cairo and Mansoura. WenDo trainers offer private self-defense courses to Egyptian and foreign women who can afford the lessons, which cost two hundred Egyptian pounds (about twenty-two US dollars), but they also train underprivileged women and girls on a voluntary basis in collaboration with children’s organizations, refugee service centers, and youth centers. Salem reported that by May 2015 around a thousand women and girls had been trained by WenDo Egypt, about seven hundred of them for free.18 Additionally, WenDo Egypt co-organized four igmadi (“be strong”) events, which combine self-defense, Zumba classes and awareness-raising sessions in cooperation with HarassMap, Nazra, and El-Nadeem. These events were attended by an average of 325 women and girls.19 Beginning in May 2015, WenDo courses are offered in youth centers across the country and new Training of Trainers courses have been planned in partnership with the Egyptian Ministry of Youth and Sports and the German Agency for International Cooperation, which provide funding to WenDo Egypt.Feminist scholarship on self-defense has demonstrated that norms of respectable femininity prescribe passive, helpless, compliant female bodies in need of male or state protection (De Welde 2003, 256; McCaughey 1997, 37). In public places, this gendered often into of rape and and 1981, of sexual harassment in Egypt that women respond to everyday and for of the into (Fahmy et al. 2014, Abul Komsan, and Shoukry 2008, they avoid public places, more and from or making eye contact with (Fahmy et al. 2014, trainer notes that women that if they look at they a . . . so they to by this of 1981, 2008, while women’s and awareness of WenDo Egypt in contrast, that women look up when on the street if back at the harasser into In the WenDo are up in and asked to at each other in a an that as to the exercises are to other and a look, voice, and convincing at the of a training, or raising their is to be so notes one of the after an that is or WenDo trainers the of using the to a message and for a space is to the WenDo their experiences of harassment without they will be for sexual They learn to a critical In addition to the look, voice, and body the of the WenDo training are to increase women’s self-confidence on the WenDo trainer emphasizes that women only need to use the voice, look, and self-confidence of the training to it is very to self-defense go from the training that . . . she can in the it such into practice in that of harassment while waiting for a on the or in the Trainers consider this one of the exercises because experiences and to them on their is voluntary and to others their they The harassed woman in a can the and for at The trainer often asks of the was and be in order to and With all manage to stop the who is by the This is very . . . that changes something them, because of them are very to of the and very and very of the end of the basic training, a with their using one of the learned the This more will than and as a of that the of which is in the that with and as a of their and Salem contends that WenDo to the of social that make sexual harassment by encouraging women to react against these sexual and other women who challenge sexual harassment on the 2008 Egyptian nongovernmental organizations the Sexual among other that sexual harassment be a The also called for the of and in the because the first the of rape to of a by a and the second to sexual assault as a of 2011, These which included article to and after the January 25 but have been ignored by the et al. 2014, a at El-Nadeem Center for Rehabilitation of Victims of Violence, emphasizes the of changing legal which do not consider by other than a to be as or men as of 2013, under the of the Ministry of the police a unit responsible for violence against women. 2014, after a sexual harassment incident at Cairo University to a public in of the to of the of so that and online sexual harassment be with of between six and years and of up to thousand Egyptian pounds of 2014). the is because it that an to gain a sexual which is to and depends on a In have because contact information is included in police reports, to the of the and often in As a the family of the will often the woman who the and her or so that their the state sexual harassment in response to “tremendous from notes that sexual harassment is the social of as by a series of by the Egyptian between 2014 and In October 2014 the Ministry of a new anti–sexual harassment women’s police the 2014). this unit has been criticized by anti–sexual harassment activists for being against sexual harassers and instead to and of their volunteers In early 2015 that all Egyptian anti–sexual harassment training workshops for who the training for the Ministry of Youth and Sports in 2015, was about the of such trainings given the of information on gender norms and the increasingly political such as Abd Alhamid similarly that the but not have the political will to sexual or make to women’s have legal and interventions do not transform gendered and and can even activate gender or when norms are not 2013, women will often use laws the laws women as who to They also men as men and women from to the 2013, The anti–sexual harassment initiatives that emerged after the revolution direct intervention on the streets as more than legal and political change strategies for gendered norms and although activists also encourage women to seek through and HarassMap activists Chiao and El-Shafei that people who do not the or political will seek to being when a WenDo Egypt’s Salem, the of the is a in the right but change” so that the and consider harassment as a this article we use the action-oriented to to against sexual violence after the on the of Dedd in 2012 to combat sexual harassment the “I had this that need to do something and do an that was the notes in relation to Harakat Bassma with that had . . . He had an idea and to it and had a stand to WenDo trainer and HarassMap Safe Areas reports that her was by a sexual harassment incident by a family The for an response what from Tahrir calls a approach that centers on people’s personal experiences in with the anti–sexual harassment initiatives were when the the on 2013, a and the Emergency Law between and In 2013 the Law and public of teams that had been in Tahrir Square between 2012 and 2013 their because of political in and security concerns in In 2014 the by anti–sexual harassment initiatives to as nongovernmental organizations under Law 84 of or of their the January 25 in Egypt, initiatives were organized or accelerated to combat public sexual violence through HarassMap and WenDo activists that people the changes they in and HarassMap activists that sexual harassment will only end when all people speak up and view it as WenDo trainers that self-defense is an of anti–sexual harassment activism that can bring change when all women react against sexual and each other in this initiatives promote gender and women’s in public places, working to new social with the goal of producing

Research SummaryThis study examined the DNA forensic testing outcomes from 894 previously untested sexual assault kits (SAKs) from Detroit, Michigan. At issue was how many of these SAKs would produce DNA profiles eligible for upload into CODIS (Combined DNA Index System), the national forensic DNA database maintained by the Federal Bureau of Investigation, and then how many would produce CODIS hits (DNA matches) to other crimes. Fifty‐four percent of the SAKs associated with stranger‐perpetrated sexual assaults yielded CODIS‐eligible DNA profiles, producing 156 CODIS hits (DNA matches) and 51 hits matched prior sexual assault offenses in CODIS (i.e., serial sexual assault hit). Forty percent of the SAKs from nonstranger rapes had CODIS‐eligible profiles, producing 103 CODIS hits and 18 serial sexual assault hits. CODIS entry rates and CODIS hit rates were equivalent between stranger and nonstranger SAKs; serial sexual assault hit rates were significantly higher for stranger SAKs.Policy ImplicationsThese results highlight the importance of testing both stranger and nonstranger SAKs as they have an equivalent likelihood of producing CODIS hits. The findings do not support policy recommendations that stranger‐perpetrated SAKs should have testing priority over nonstranger SAKs. Prioritizing stranger SAKs may have unintended negative consequences on the utility of CODIS by limiting the number and type of eligible DNA profiles that are referenced in the federal DNA database.

Three decade old cold case murder solved with evidence from a sexual assault kit

In 2008, the Southern Saint Louis County, Minnesota (MN) Sexual Assault Multidisciplinary Action Response Team (SMART) introduced a regional anonymous reporting protocol for victim-survivors of sexual assault in seven local law enforcement jurisdictions including the City of Duluth Police Department (DPD). Now, when victim-survivors choose to report their assault anonymously, all identifying information, their statement about the assault, and all accompanying physical evidence are sealed in a sexual assault kit (SAK) and labeled with a unique identifier rather than their name. The Southern Saint Louis County Anonymous Reporting Protocol is believed to be one of the first of its kind in the nation. The protocol requires the community-based Sexual Assault Nurse Examiner (SANE) program to maintain confidential records associated with the unique identifier and local law enforcement agencies to store anonymous SAKs indefinitely. It satisfied the Violence Against Women Act's (VAWA) Forensic Medical Compliance provision, which requires that victim-survivors have access to a forensic medical examination (which includes a SAK) without making a police report. In Minnesota, anonymous SAKs are not eligible for testing by the state crime laboratory because they are not associated with a reported crime. Community-based advocates are available to assist victim-survivors who desire to convert their anonymous SAKs to a standard report to law enforcement. In 2015, the MN legislature mandated a statewide inventory of all SAKs held by law enforcement agencies. This audit answered the question of how many untested SAKs were in MN; DPD had the most. Nearly 30% of these SAKs were anonymous. In the same year, DPD secured Sexual Assault Kit Initiative (SAKI) funds to address previously unsubmitted SAKs and institute comprehensive sexual assault response reform, which included an opportunity to assess this anonymous reporting protocol. This chapter traces MN's sexual assault reform efforts which led to centralized statewide storage of anonymous SAKs in 2021. It also details lessons learned on maintaining and evaluating any state's anonymous reporting option. Finally, it identifies future lines of inquiry on why victim-survivors chose to report anonymously, across what time frames they may opt to convert their anonymous report to a named reported event, and how to measure criminal justice outcomes for these conversions.

Here we describe the processes and quantify the outcomes of the sexual assault kit initiative (SAKI) project in Anoka County, MN—a mid-sized suburban/rural jurisdiction—and make comparisons to the three seminal SAKI evaluation projects in Detroit, Houston, and Cuyahoga County, OH. Analyses of forensic data show that Anoka County tested 84% of its previously untested SAKs, nearly 60% had usable DNA, and 41% resulted in a CODIS hit; more than 100 new DNA profiles were added to CODIS. Among the 69 victim-survivors who were successfully notified, eight agreed to a new investigation; two of these investigations resulted in a new prosecution, with one conviction and one prosecution ongoing. Results also showed a high percentage of serial offenders among CODIS hits for both sex- and non-sex crimes. Comparisons highlighted similar victim, suspect, and case characteristic profiles across SAKI sites. They also showed that early-stage processes such as using a case review team versus a test all policy or victim-survivor-led decision making versus pursuing investigations for all cases have down-stream impacts on SAKI outcomes (e.g., testing SAKs, obtaining hits, charging and prosecuting offenders). Continued SAKI evaluation research focused on a wide range of jurisdictions with divergent processes and samples is needed.

Police and prosecutors recommend that sexual assault survivors have a medical forensic exam and the collection of a sexual assault kit (SAK; also known as a "rape kit") to preserve biological evidence (e.g., semen, blood, saliva, hair) if they want to pursue criminal prosecution. However, law enforcement personnel do not routinely submit SAKs to crime laboratories for forensic DNA testing. Instead, they often place untested kits in storage and close many of these reported cases after minimal investigation. Current estimates indicate there are 300,000 to 400,000 untested SAKs in law enforcement agencies throughout the United States. In response to this national problem, the U.S. Department of Justice created the Sexual Assault Kit Initiative (SAKI) Project to support kit testing, re-investigation, and prosecution of these "cold case" sexual assaults. The SAKI program also provides training and technical assistance to police, prosecutors, and victim advocates on how to use a multidisciplinary, trauma-informed, and victim-centered approach in cold case prosecutions. This study examined the extent to which one SAKI-funded site implemented these three guiding principles in their interactions with victims while prosecuting cold case sexual assaults. We conducted semistructured qualitative interviews with N = 32 sexual assault survivors from the first cohort of cold cases that were re-opened and prosecuted in this jurisdiction. Nearly all cases (n = 31) ended in a guilty plea or trial conviction, and the vast majority of survivors indicated that they had positive experiences with the SAKI team. Survivors noted that they were listened to, believed, supported, and well-prepared by a multidisciplinary team of practitioners who were personally invested in their cases and in their well-being. Implications for creating multidisciplinary, trauma-informed, and victim-centered approaches with other communities are discussed.

The City of Mobile Police Department (MPD) in Mobile, Alabama, was among the early sites receiving National Sexual Assault Kit Initiative (SAKI) funding to test their backlog of unsubmitted sexual assault kits (SAKs). Prior to the funding, one dedicated and detail-oriented police officer had uncovered the existence of unsubmitted SAKs. The SAKs were located in a variety of places, including a too-small evidence room and an off-site storage facility. The SAKs were obtained from women who had experienced violent stranger rapes as well as from women raped by a known offender. They also ranged in age—some unsubmitted SAKs were attached to recently reported cases that were being investigated by fellow officers, while other SAKs were attached to cases that were decades old. Choosing to stay late and work weekends, this solo officer began the process of rounding up and inventorying these SAKs, while finding and collating relevant paperwork for each case. From this solo, voluntary effort, with the eventual addition of SAKI funding and SAKI Training and Technical Assistance support, the Mobile Promise Initiative was born. This chapter describes the unfolding of the Promise Initiative and details eight key decision points faced by this police-led initiative as it worked to address the resource, personnel, communication, and cultural factors that resulted in a backlog of SAKs (n = 1,412) and under-investigated sexual assaults. We intend for this case study, which includes a description of our decision points, to provide a roadmap for other police departments who are working to transform their response to sexual assault from the “inside out.” Recommendations to assist others embarking on this journey are offered.

The Idaho Student Homicides and the Future of Forensic Genetic Genealogy

A growing body of research indicates that there are thousands of sexual assault kits (SAKs) in police property storage facilities that have never been submitted for DNA forensic testing. Some of these rape kits may be quite dated, and the statute of limitations (SOL) for prosecution of the case may have expired. Whether testing such kits could still provide useful information for criminal justice system personnel is unknown. To address this gap in the literature and to inform policy regarding rape kit testing, we randomly sampled 700 previously untested SAKs from Detroit, MI: 350 were presumed to be beyond the SOL for prosecution (based on the date the SAK was collected), and 350 were still within the SOL. All SAKs were submitted for DNA testing, and then we quantified and compared the forensic testing outcomes. At issue was whether these older SAKs would yield DNA profiles that were eligible for entry into Combined DNA Index System (CODIS), the federal DNA forensic database, and whether these profiles would match (“hit”) to other criminal offenses catalogued in CODIS. Rates for presumed SOL-expired SAKs and unexpired SAKs were compared via a continuation-ratio model and equivalence tests. The rates of CODIS-eligible DNA profiles, CODIS hits, and serial sexual assault CODIS hits were statistically equivalent in the SOL-expired and SOL-unexpired groups. Testing older SAKs has potential utility to the criminal justice system because these kits produced DNA matches to other crimes, including other sexual assault crimes, at a rate equivalent to current, SOL-unexpired SAKs.

PurposeSexual assault continues to be a major criminal problem. Sexual assault kits (SAK) are one way to preserve evidence to use to pursue justice in sexual assault cases. In recent years, it has become clear that very often these SAKs are never sent to the crime lab to be processed. In an effort to deal with these unsubmitted kits and to research their impact, the Bureau of Justice Assistance funded various grants, known as the Sexual Assault Kit Initiative (SAKI) nationwide to create multidisciplinary teams to both improve the process and response to sexual assault and to provide research on this issue. This paper aims to explore a process created by one of the multidisciplinary teams in one SAKI site – the case review. Ultimately, the goal is to explore how different participants in the case review process perceive and experience the case review and provide implications of these findings.Design/methodology/approachUsing surveys of case review participants, participant observation and key stakeholder interviews findings indicate that case reviews are beneficial in terms of training, collaboration and overall response to sexual assault.FindingsUsing all methods, the participants of case reviews found them beneficial. Both new information was gleaned from almost every case review and decisions on particular cases were potentially changed, particularly among the key stakeholders with the ability to impact decisions in sexual assault cases – law enforcement and prosecutors. Issues were raised through the case review process that might not have been without this process. Thus, case reviews have the potential to affect policy and practice and improve future reporting, investigations and prosecutions of sexual assault cases.Practical implicationsMultidisciplinary responses to sexual assault cases, specifically the case review process, are beneficial. Issues for training, opportunities for collaboration and general issues for a particular jurisdiction are all potentially raised during a case review. The case reviews need to be organized, preparation work completed and properly facilitated to be effective. Participants in the case review process themselves perceive case reviews to be beneficial.Originality/valueThis paper presents findings from one of the SAKI sites. A specific process, the case review process, that was developed and implemented at this site was explored. The findings on this process have implications for both practice and policy.