There’s No More Rape Kit Backlog in NC — What Does That Mean?

In April 2024, North Carolina Attorney General (AG) Josh Stein’s office published a press release announcing there’s no more rape kit backlog in the state. He’s prioritized this work since 2017 and worked with legislature, local law enforcement, attorneys, and scientists to make it happen through the Survivor Act. Almost 12,000 kits have been tested.

A rape kit, also known as a sexual assault forensic exam or sexual assault evidence kit, can preserve evidence for and provide medical care to a survivor after the assault. Healthcare professionals perform these exams. The information and materials gathered through them from thousands of survivors have sat untested for at least decades. 

In many ways, the end of the backlog is good news. It’s a sign that rape and sexual assault — and survivors of it — will be taken more seriously. Hopefully, more rapists will face punitive action now. 

But for some survivors — like those who were assaulted years ago — this news may be re-triggering or anxiety-inducing. They may have moved on from this traumatic experience (to the extent that a survivor can), only to have it stare them straight in the face again. 

Many questions arise. Will survivors or perpetrators just be called up randomly? What will happen next?

The answer to the first question is yes — with a few caveats. First, it’s important to note that not all rape kits can provide DNA evidence. Sometimes, DNA just doesn’t show up.

Second, some rape kits in possession (totaling over 16,000) weren’t tested. The Survivor Act didn’t require crime labs to test them if they were connected to a case that already resulted in a conviction, or if they were “unfounded,” meaning there was “clear and convincing evidence that the crime did not occur” (whatever that means). Others weren’t tested because they were connected to unreported or anonymous cases in which the survivor wanted to do a rape kit but not report it to law enforcement. (If they change their mind, the crime lab can test their kit.)

Third, these kits test for DNA, and law enforcement may not possess a DNA sample from every rapist to compare it to. Hence, this leads to fewer matches.

The press release also shares more specific numbers regarding the latter point. It notes that, of the 11,841 kits that crime labs have tested or are in the process of testing as of April, 5,075 have been entered into the CODIS DNA database. This database has matched the samples to 2,702 hits, in which 2,024 offenders were in the database because of previous convictions or arrests. So far, law enforcement has made at least 114 arrests. Cold cases from as far back as 1990 have been brought back to light.

For survivors who are contacted, the situation will (hopefully) be less terrifying than it may sound. “The AG’s office has a grant that allowed them to hire victim advocates to ensure the outreach to survivors are survivor-centered and trauma-informed,” says Monika Johnson Hostler, a politician and executive director at North Carolina Coalition Against Sexual Assault (NCCASA).

The next step is yours. You can move along with the investigation if you’d like or choose not to pursue it. There’s no “right” or “wrong” answer, nor is there any shame. You also don’t have to make a decision immediately, as most instances of sexual violence have no statute of limitations in North Carolina. Just know that if you decline, your rape kit results….

Additionally, Stein put a tracking system in place to prevent another backlog, per the press release. “The online tracking system that was part of the bill has helped survivors track their bill,” Hostler says. “Therefore, the survivor knows that, if their kit is not in the system, they can contact the law enforcement agency to see where and why that’s the case.”

However, at this point in NC, the state hasn’t granted survivors the right to know the status of their rape kit, though that’s in progress.

This may be one of those “hope for the best, expect the worst” situations. Hostler hopes there won’t be another backlog, but she believes it is possible.

For now, survivors, we encourage you to focus on your well-being. NCCASA is an organization that can help you find a crisis center near you and provide other informational, supportive resources.

Ultimately, know you are not alone. Advocates from all over hear and support you. “Thank you, survivors, for your courage and willingness to share your story,” Hostler says. “We will continue to advocate on [your] behalf and are grateful for the partnership with survivors.”

Photo by Jen Theodore on Unsplash