U.S. Department of Justice

Office of Justice Programs

National Institute of Justice JUNE 2016

NATIONAL INSTITUTE OF JUSTICE

SPECIAL REPORT

Down the Road:

Testing Evidence in Sexual Assaults
U.S. Department of Justice

Office of Justice Programs

810 Seventh St. N.W.

Washington, DC 20531

Loretta E. Lynch 

Attorney General

Karol V. Mason

Assistant Attorney General

Nancy Rodriguez, Ph.D.

Director, National Institute of Justice 

This and other publications and products of the National Institute of Justice can be found at:

National Institute of Justice

Strengthen Science • Advance Justice 

http://www.nij.gov 

Office of Justice Programs 

Innovation • Partnerships • Safer Neighborhoods 

http://www.ojp.usdoj.gov 

The National Institute of Justice is the research, development and evaluation agency of the U.S. Department of 

Justice. NIJ’s mission is to advance scientific research, development and evaluation to enhance the administration 

of justice and public safety.

The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau 

of Justice Assistance; the Bureau of Justice Statistics; the Office for Victims of Crime; the Office of Juvenile 

Justice and Delinquency Prevention; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, 

Registering, and Tracking.

Opinions or points of view expressed in this document are those of the author and do not reflect the official 

position of the U.S. Department of Justice.

Photo Sources: Science Photo Library, Shutterstock, Thinkstock
JUNE 2016

NATIONAL INSTITUTE OF JUSTICE

SPECIAL REPORT

DOWN THE ROAD:

TESTING EVIDENCE IN SEXUAL ASSAULTS

BY NANCY RITTER

NCJ 249805

SPECIAL REPORT 3

National Institute of Justice | NIJ.gov

TABLE OF CONTENTS

Detroit and Houston: Catalysts for Change . 6

Performing a Census of Previously Untested SAKs . 8

Why Were There So Many Previously Unsubmitted SAKs? . 10

Results of SAK Testing . 13

Testing SAKs: All or Some? ....................................................................................... 17

Victim Notification . 21

Lessons for Other Jurisdictions . 26

Moving Forward . 28

Appendix . 31

A. How Forensic Science R&D 

Improves Justice in Sexual Assault Cases . 31

B. Increasing the Nation’s 

Capacity to Test DNA Evidence ............................................................ 32

C. Using Social Science to Improve the

Nation’s Response to Sexual Assault . 33

DOWN THE ROAD:

TESTING EVIDENCE IN 

SEXUAL ASSAULTS 

BY NANCY RITTER

 In 2011, NIJ published The Road Ahead: Unanalyzed 

Evidence in Sexual Assault Cases, which took stock of 

what was known at the time about unsubmitted sexual 

assault kits. The report explored the critical gaps that 

needed to be filled to help jurisdictions develop solutions 

for a range of problems. To read the 2011 report, visit 

NIJ.gov, keyword: 233279.

A

few years ago, NIJ published The Road 

Ahead: Unanalyzed Evidence in Sexual 

Assault Cases, a special report that explored 

the issue of untested sexual assault kits that 

were stored in law enforcement evidence facilities 

around the nation. Since then, we have learned a lot 

about the role of testing biological evidence in solving 

sexual assaults. This report, Down the Road: Testing 

Evidence in Sexual Assaults, discusses the results of 

recent studies supported by NIJ. Through scientific 

research, we have gained greater understanding that:

• Although a sexual assault kit (SAK) may contain 

biological evidence — more than two-thirds of the 

cases in two recent studies did1

 — there can be 

other important physical evidence that is not stored 

with the SAK, such as bedding, toxicology reports, 

or weapons.

• One kit does not equal one biological sample: In 

an ongoing SAK-testing partnership between NIJ 

and the FBI, for example, 597 kits (tested as of 

October 2015) contained 8,694 discreet biological 

samples; therefore, when speaking about the 

“number” of SAKs, it is important to keep in mind 

that each kit likely contains many separate pieces 

of evidence that could be tested to determine the 

identity of a suspect. 

• Although testing SAK evidence may lead to the 

identification of a suspect, evidence of serial rapes, 
6 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

or the exoneration of a wrongly convicted person, it 

is only one part of the investigative process. Testing 

may not result in a new lead if, for example, the 

identity of the suspect is already known or there is 

not enough biological evidence in the kit to yield a 

DNA profile.

Some of the most recent scientific findings about the 

role of evidence testing in sexual assaults come from 

two major NIJ-supported projects. After a competitive 

solicitation process, NIJ awarded research grants in 

2011 to the Houston Police Department (HPD) and 

the Wayne County (Detroit), Michigan, Prosecutor’s 

Office to form multidisciplinary teams to examine the 

issue of unsubmitted SAKs in their jurisdictions.2

 (See 

sidebar on page 7, The Teams.)

NIJ’s goals were not only to help these 

two jurisdictions and determine whether their 

experiences could help others, but also to better 

understand the issue of untested SAKs in the larger 

context of improving the justice system’s response to 

sexual assault.

Before we discuss the details of the Houston and 

Detroit research findings, however, it bears noting 

that these projects were played out against a larger 

backdrop as the national spotlight intensified on a 

seemingly inexplicably large number of SAKs that 

were stored, untested, in law enforcement property 

rooms around the country. (See sidebar on page 11, 

Unsubmitted SAKs: How Many Are There Nationwide?)

Although it has long been known that testing 

evidence for DNA in a rape kit does not automatically 

bring a rapist to justice, the “solution” to solving a 

sexual assault case is often framed only in terms 

of testing the kit. We know, as was borne out in the 

Detroit and Houston projects, that solving sexual 

assault cases is much more complicated than simply 

testing forensic evidence. Law enforcement must 

investigate to develop other potential evidence in the 

case, prosecutors must file charges, juries or judges 

must render verdicts, and judges must sentence — 

and at every step along the way, the victims must 

be supported. 

William Wells of Sam Houston State University, one of 

the lead researchers on the Houston project, said: 

One of the first things we learned in Houston is 

that this problem is not just something for property 

rooms and crime labs to deal with. Although testing 

kits is part of the solution, it is only one part. Workload then flows downstream — to investigators,

prosecutors, and victim advocates — which is why 

it is so important to think holistically in terms of a 

system response.

DETROIT AND HOUSTON: 

CATALYSTS FOR CHANGE

The first goal for the multidisciplinary teams in Detroit 

and Houston was to determine how many SAKs 

had not been sent to the crime lab for testing and 

why the problem developed. The teams were then 

charged with creating plans for testing SAKs and 

notifying victims.

Over the course of the four-year projects, the 

multidisciplinary teams were catalysts for change in 

these two very different American cities. 

In Detroit, the multidisciplinary team played a role in:

• Performing a census of more than 11,000 

previously unsubmitted SAKs from sexual assaults 

that occurred from 1980 to 2009

• Identifying the “risk factors” that contributed to 

the development of the large number of 

unsubmitted kits

• Testing nearly 1,600 kits

• Developing, implementing, and evaluating a protocol 

for notifying victims

• Increasing collaboration among the entities that 

work on sexual assault issues

• Training police and other practitioners to understand 

the neurobiology of trauma

• Developing victim advocacy partnerships

In Houston, the multidisciplinary team played a role in:

• Forming a special squad in the HPD to investigate 

when suspects were identified through testing of 

previously unsubmitted SAKs
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• Hiring a justice advocate in HPD’s Adult Sex 

Crimes Unit

• Developing better techniques, based on 

neurobiology of trauma research, for police 

interviews of victims and prosecutor presentation 

at trial

• Creating a hotline for victims to obtain information 

about their cases

• Streamlining hospital processes for how evidence is 

packaged in SAKs

• Creating a team in the Houston Forensic Science 

Center (Houston’s crime laboratory) to finalize 

The Teams

In its support of the Houston and Detroit projects, NIJ required the that jurisdictions form multidisciplinary 

teams — including law enforcement, prosecutors, forensic scientists, medical and mental health 

experts, victim advocates and service providers, and researchers — and that the teams be involved in 

every step along the way. 

The Houston team included representatives from:

• Sam Houston State University’s Department of Criminal Justice and Criminology

• The University of Texas at Austin’s Institute on Domestic Violence & Sexual Assault

• The Houston Forensic Science Center

• The Houston Police Department

• The Houston Area Women’s Center

• Memorial Hermann Health System (Sexual Assault Nurse Examiner (SANE) nursing director and 

medical director)

• The Harris Health System (SANE nursing director)

• The Harris County District Attorney’s Office

The Detroit team included representatives from: 

• Michigan State University

• The Wayne County Prosecutor’s Office

• The Detroit Police Department

• The Wayne County Sexual Assault Forensic Examiner’s Program

• YWCA Interim House

• The Michigan State Police

• The Michigan Domestic and Sexual Violence Prevention and Treatment Board

• The Joyful Heart Foundation

• The Prosecuting Attorneys Association of Michigan
8 Down the Road: Testing Evidence in Sexual Assaults

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reviews on kits that were sent to private labs 

and uploading DNA profiles into the Combined 

DNA Index System (CODIS), the federal criminal 

DNA database 

• Upgrading information management systems

“There’s no doubt that the Houston team has 

been one of the most collaborative and successful 

multidisciplinary teams I’ve ever worked with,” said 

NIJ social scientist Katharine Browning, who oversaw 

the Houston project and has significant experience 

in bringing criminal justice practitioners and social 

science researchers together. 

“As NIJ continues to promote the action research 

model in addressing some of our nation’s most 

complex, entrenched criminal justice issues,” she 

added, “I will point to the Houston team’s experience 

and say, ‘This is how it’s done.’” (See sidebar on 

page 9, The Power of Action Research.)

PERFORMING A CENSUS 

OF PREVIOUSLY 

UNTESTED SAKS 

When the NIJ-supported projects began in the spring 

of 2011, officials in Houston and Detroit had no 

idea how many untested SAKs were stored in their 

evidence property rooms; they knew only that the 

number was in the thousands. 

In Detroit, the first step was to perform a census, or 

audit, of every SAK that had been collected from 1980 

through Nov. 1, 2009. Team members had to manually 

count the kits one by one, opening each of more than 

11,000 kits. The census in Detroit took 15 weeks and 

2,365 person-hours. Some kits had a laboratory ID, 

suggesting that they had previously been sent to a 

laboratory, but it could not be determined whether a 

DNA analysis had been performed or, if so, what the 

results were.

In all, 2,512 SAKs had laboratory numbers, although 

it could not be determined how many had been 

tested, and 8,707 had never been submitted to 

the laboratory.

See a step-by-step summary of how Detroit 

conducted its census at NIJ.gov, keyword: 248680.

In Houston, there were more than 16,000 rape kits 

in police storage from sexual assaults that had 

occurred from 1982 to 2009. However, the NIJsupported project was occurring in tandem with the 

HPD’s move to a new evidence storage facility, so an 

audit of all of the kits, including 4,000 kits stored in 

a freezer that became the focus of the NIJ study, was 

already underway. 

In all, 16,863 SAKs were in HPD custody; 10,200 

had previously been tested, and 6,663 had not been 

submitted to the laboratory as of Dec. 1, 2011. 

DETROIT

11,303

SAKs IN STORAGE

30

YEARS SPANNED (1980-2009)

8,707

SAKs NEVER SUBMITTED TO LAB

1,600

SAKs TESTED VIA NIJ GRANT

HOUSTON

16,863

SAKs IN STORAGE

27

YEARS SPANNED (1982-2009)

6,663

SAKs NEVER SUBMITTED TO LAB

500

SAKs TESTED VIA NIJ GRANT
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The Power of Action Research

The past 15 years have witnessed a significant shift in how complex criminal justice problems are 

studied. Before “action research,” researchers sat apart from the practitioners who worked inside the 

justice system, studying an issue from the “outside.” In action research, however, researchers work 

collaboratively with practitioners to:

• Understand circumstances in their local context by diagnosing the nature and the source of 

the problem

• Plan a response or solution

• Implement the response

• Evaluate the response 

• Modify the response based on the results of evaluation 

The Detroit and Houston projects followed a multidisciplinary, action research model. For example, when 

Rebecca Campbell and her research team in Detroit looked at police reports, they began to see evidence 

that officers were not aware of post-trauma phenomena. Research on the neurobiology of trauma shows 

that a “blunt presentation” — when a victim is not crying, for example — can actually be a normal 

human response to trauma. Some police reports indicated that cases had been closed in Detroit — and 

sexual assault evidence was therefore not sent to the crime laboratory for DNA testing — because the 

victims’ reaction was not what police thought it should have been. 

Using the action research model, Campbell talked with detectives in the Detroit sex crimes unit and was 

invited to train staff on the neurobiology of trauma.

“It was a real game changer for them in thinking about what a sexual assault victim could present, how 

he or she might behave,” Campbell said. 

This training was so well received by the police and prosecutors in Detroit that Campbell was invited to 

Houston to train the NIJ-supported team there.

Watch Campbell discuss the neurobiology of sexual assault trauma at NIJ.gov, keyword: sakvideos.
10 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

WHY WERE THERE SO 

MANY PREVIOUSLY 

UNSUBMITTED SAKS?

One of the questions that NIJ asked the Houston 

and Detroit teams to answer was why there were 

so many unsubmitted SAKs. Before we explore the 

findings, which other jurisdictions may find helpful, 

there is a very important principle to keep in mind: 

History matters.

First, forensic DNA testing did not exist until the 

mid-1990s. Second, a national database of DNA 

profiles did not exist until 1994. Third, modern DNA 

forensic analysis was not widely used until the late 

1990s. Finally, DNA databases were not widely used 

until the early 2000s. 

“There’s no doubt that advances in technology for 

processing and analyzing DNA evidence, plus the 

creation of a national DNA database in the 

mid-1990s, have brought about a profound change 

in the criminal justice system,” said Gerald LaPorte, 

Director of NIJ’s Office of Investigative and 

Forensic Sciences. 

“In fact, the sensitivity of DNA analysis has evolved 

so much recently that, even if previously unsubmitted 

SAKs had been tested a decade ago, it would not 

have been nearly as fruitful,” he added. “For example, 

advances are now making it possible for forensic 

labs to identify trace amounts of DNA from evidence 

— and, as with many scientific endeavors, we 

expect, through research and development, that the 

technology will continue to improve.” (See page 31, 

How Forensic Science R&D Improves Justice in Sexual 

Assault Cases.)

To understand why so many SAKs in Detroit had never 

been submitted to the laboratory, the researchers 

examined 20 years of records and interviewed 

detectives, prosecutors, advocates, elected officials, 

laboratory personnel, and sexual assault nurse 

examiners (SANEs). They determined that the problem 

was rooted in long-standing relationships within and 

between agencies in the jurisdiction. These “risk 

factors” included:

1. Victim-blaming beliefs and behaviors. For example, 

police had thought, “She's not acting like a real 

victim,” or, “This is a ‘he-said, she-said’ situation.”

2. No written policy for submitting SAKs to 

the laboratory.

3. Budget cuts over the years that reduced the 

number of crime laboratory staff and law 

enforcement personnel assigned to sexual assault 

cases, along with laboratory capacity issues, such 

as inefficient DNA testing equipment and methods. 

4. High turnover in police leadership, which made it 

difficult to identify and remedy front-line practices. 

For example, Detroit had nine police chiefs in a 

20-year period and five chiefs in less than 

three years.

5. Lack of community-based advocacy services.

6. Strained relationships and a lack of training among 

the necessary partners.

Rebecca Campbell, a researcher with Michigan State 

University who led the project in Detroit, explained 

the domino effect of having too few DNA scientists, 

no specialized sexual assault unit in the prosecutor’s 

office, and no community-based victim advocacy. 

“The police point of view was, ‘We can’t investigate 

all of these cases,’ and the crime lab was saying, ‘We 

can’t test all of these kits,’” she said. “So it became a 

mutually reinforcing dynamic.”

In addition, Detroit’s medical system did not have 

a SANE program until 2006, so until then, medical 

practitioners were not trained on the potential 

usefulness of evidence in a rape kit. As a result, 

the message that the police often got from medical 

providers was, “I don’t think this is going to be really 

useful to you.” 

“You put that message into a system of chronic 

resource deprivation and scarcity, and there is a 

systemic breakdown, with mutually reinforcing 

messages all through the system,” Campbell said.
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National Institute of Justice | NIJ.gov

Unsubmitted SAKs: How Many Are There Nationwide?

As the scientific research arm of the U.S. Department of Justice, NIJ is often asked how many 

sexual assault kits (SAKs) are in law enforcement property rooms — nationwide — that have 

never been submitted to a crime lab for DNA testing. For years, newspaper articles, speeches 

by public figures, and even official governmental documents have offered estimates. The fact is, 

however, that there is no official current estimate of the number of untested SAKs in the custody of 

law enforcement agencies nationwide.1

Only two studies in the past 30 years have attempted to quantify the number of untested SAKs, 

and both of these used estimates from law enforcement surveys. The first (covering estimated data 

from 1982 to 2002) estimated that 169,000 kits during that period had not been sent to a lab for 

testing2

; the second survey (covering estimated data from 2003 to 2007) estimated that, during 

that period, 27,000 kits had not been sent to a lab for testing.3

That means that even the most recent estimated numbers are nearly a decade old. 

Determining the current number of unsubmitted SAKs nationwide would require a comprehensive 

census. This, in turn, would require resources, training, and technical assistance for state and local 

jurisdictions, because many of the nation’s law enforcement agencies have information technology 

(IT) challenges. For example, when the NIJ-supported project began, Detroit’s police department 

property room “database” was a Microsoft Excel spreadsheet, and it was not easy to figure out 

what kits might have been tested over the years, let alone what the legal disposition of 

the cases were.

Many jurisdictions have much better IT tracking systems now, but the quality of these systems 

remains a significant challenge for many criminal justice agencies across the country. There is 

currently no mechanism in place for determining how many untested kits lie in law enforcement 

evidence rooms nationwide.

Notes

1. It is also important to note that many media reports use the term “backlog” when referring to unsubmitted SAKs, but 

the term actually applies only to kits that law enforcement has sent to a crime laboratory for analysis. NIJ defines kits 

as backlogged when they have been awaiting testing at the laboratory for more than 30 days and does not use the 

term to refer to unsubmitted, untested SAKs in a law enforcement property room. 

2. Lovrich, Nicholas P., Travis C. Pratt, Michael J. Gaffney, Charles L. Johnson, Christopher H. Asplen, Lisa H. Hurst, and 

Timothy M. Schellberg, “National Forensic DNA Study Report,” Final report to the National Institute of Justice, award 

number 2002-LT-BX-K003, February 2004, available at https://www.ncjrs.gov/pdffiles1/nij/grants/203970.pdf.

3. Strom, Kevin J., and Matthew J. Hickman, “Unanalyzed Evidence in Law-Enforcement Agencies: A National Examination 

of Forensic Processing in Police Departments,” Criminology & Public Policy 9 (April 8, 2010): 381-404. See also 

http://www.nij.gov/topics/law-enforcement/investigations/handling-evidence/pages/survey-untested-evidence.aspx.
12 Down the Road: Testing Evidence in Sexual Assaults

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In Houston, the researchers also found a number of 

reasons why more than 6,600 SAKs had not been 

submitted for testing.

“Like many other cities in Texas — and nationwide — 

Houston had a system that was investigator-driven, 

which meant that before 2006, a police detective had 

to request that a kit be analyzed,” said Wells. “For 

example, if a suspect admitted to sexual contact with 

the victim or the victim had difficulty engaging in the 

criminal investigation, the investigator might not have 

sent the kit to the lab for testing.”

Noël Busch-Armendariz, head of the Institute on 

Domestic Violence & Sexual Assault at the University 

of Texas at Austin (UT-Austin) and the co-lead 

researcher on the Houston project, said that there 

were also other reasons for the large number of 

unsubmitted SAKs.

“DNA testing was expensive, and, frankly, resources 

available to police investigators were limited, which 

led to victim blaming and insensitivity — and for 

these and other reasons, victims often dropped out of 

the criminal justice process,” she said.

Partnering with the FBI

In 2014, NIJ formed a partnership with the FBI Laboratory to learn more about the handling of sexual 

assault kits (SAKs) and to improve the collection and processing of quality DNA evidence. 

The FBI Laboratory in Quantico, Virginia, is testing DNA evidence from approximately 30 previously 

untested SAKs per week and entering any eligible profiles into the Combined DNA Index System. NIJ 

scientists are collecting and analyzing data about the kits, including whether kits can be processed more 

efficiently when submitted in bulk. 

“In addition to supporting state and local law enforcement agencies in their efforts to reduce their 

number of unsubmitted SAKs, this project will increase the nation’s knowledge about processes 

currently used to collect and test sexual assault evidence,” said Gerald LaPorte, Director of NIJ’s Office 

of Investigative and Forensic Sciences. “It will also help develop tools and strategies to evaluate current 

DNA-testing methodologies and procedures, improve practice, and inform future policies.” 

Any law enforcement agency or public forensic laboratory in the country is eligible to submit up to 30 

SAKs per request, as long as they meet the following criteria: 

• SAKs are more than one year old and have had no biological testing. (Note: The FBI is conducting 

biological testing only, not any other type of forensic testing, such as trace evidence.) 

• An incident or police report accompanies each SAK.

For details on submitting SAKs, contact SAKPartnership@usdoj.gov.

Findings from this project will be released over the next few years.

Learn more about the NIJ-FBI partnership at NIJ.gov, keywords: FBI SAK Initiative.
SPECIAL REPORT 13

National Institute of Justice | NIJ.gov

RESULTS OF 

SAK TESTING

Once the census of the SAKs had been completed, 

the teams in Detroit and Houston had to develop a 

testing plan. Would evidence in all or just some of the 

kits be tested; if only some were tested, how should 

they be prioritized?

Detroit

Nearly 1,600 SAKs were tested in Detroit as part 

of the NIJ-supported project.3

 To answer specific 

research questions, the kits were divided into four 

testing groups: 

1. Stranger-perpetrated sexual assault (450 cases).

2. Nonstranger-perpetrated sexual assault 

(450 cases).

3. Cases presumed to be beyond the statute of 

limitations (SOL, the period during which criminal 

charges can be filed) (350 cases).

4. A comparison of traditional versus selective 

degradation DNA-testing methods (350 cases). 

(See sidebar on page 14, Detroit Project Shows 

Promising Result for Testing Technique.)

Of the kits tested, 49 percent yielded DNA profiles 

that could be uploaded to CODIS, the national DNA 

database. Of the 785 profiles uploaded, 455 produced 

“hits.” In other words, DNA from 28 percent of the kits 

matched a DNA profile that was in the database. Of 

these, 127 serial assaults were identified — that is, 

there was a DNA match across two or more SAKs.4

The researchers found no statistical difference in 

the CODIS hit rates in stranger- and nonstrangerperpetrated rapes. With respect to nonstranger 

sexual assault — sometimes referred to as 

SEXUAL ASSAULT KIT TESTING RESULTS IN DETROIT

1,595 SAKs tested and reviewed

785 Profiles entered into CODIS

455 CODIS hits

339

Offender hits

27

Forensic hits

89

Offender and

forensic hits

“Offender hits” refers to a match of a DNA profile to an offender's DNA profile in CODIS, revealing the identity 

of the suspect. “Forensic hits” refers to a match of a DNA profile in CODIS to an unknown (unidentified) suspect 

profile from another crime scene.
14 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

“known-suspect” or “acquaintance” rapes — 

Campbell said, “We had cases of serial sexual assault 

where the perpetrator had raped multiple individuals 

that he knew. It was also interesting that, in the 

nonstranger cases, some of those hit to previously 

unsolved crimes in other jurisdictions.”

What, then, do the Detroit findings mean in terms 

of basing decisions about prioritizing SAK testing on 

whether the identity of the suspect is known? (See 

sidebar on page 19, “Known” Versus “Unknown” 

Suspects in Sexual Assaults.) The results in Detroit 

showed merit in testing both stranger and nonstranger 

cases in terms of (1) the ability of profiles to be 

uploaded to CODIS, (2) the likelihood of CODIS 

hits, and (3) discovering the serial nature of 

some sexual assaults.

It is also important to note that there was no statistical 

difference in CODIS hit rates based on whether 

the SOL had passed. Again, these results led the 

researchers to conclude that, in terms of CODIS 

hits and discovery of serial sexual assaults, there is 

merit, when dealing with a large number of formerly 

untested kits, in testing kits regardless of whether the 

SOL is likely to have expired. 

“We learned that there was tremendous potential 

utility in testing kits that were beyond the statute of 

limitations,” Campbell said, “as hit information may be 

useful in pursuing current cases.” 

She was referring to Rule 404(b) in the Federal Rules 

of Evidence, in which facts from an older case that 

was never adjudicated (tried or pled to) might be 

admissible in a current case that is within the statute 

of limitations.

In understanding the Detroit results, it is important 

to keep in mind that the NIJ-supported project did 

not look at outcomes beyond CODIS hits; that is, 

the study did not determine whether the SAK-tested 

cases within the SOL were successfully investigated 

and prosecuted. It was beyond the scope of the 

study, for example, to investigate criminal histories to 

see whether a suspect might have committed other 

crimes that were not in CODIS; therefore, Campbell 

noted, looking only at data on CODIS hits is likely to 

underestimate the degree of serial sexual offending. 

(See sidebar on page 20, Serial Rapes: Exploring 

Rates and Patterns.)

Detroit Project Shows Promising Result for Testing Technique

One of the randomized controlled experiments performed in the Detroit project was designed to 

determine whether there was any difference in the results of sexual assault kits (SAKs) tested with 

traditional DNA methods versus those tested with a newer method called “selective degradation.” 

Selective degradation isolates sperm and destroys nonsperm cells. This method minimizes mixtures in 

the sample, leaving any sperm mixtures intact, including when there are multiple assailants. 

The researchers found no difference between the two testing methods in terms of the ability to load DNA 

profiles into the Combined DNA Index System (CODIS), CODIS hit rates, or the cost of materials. There 

was, however, a time savings: The selective degradation method required 1.1 fewer hours to test an SAK. 

“We found that selective degradation has the potential to be faster, cheaper, and easier to interpret,” said 

Rebecca Campbell, the lead researcher in the Detroit project. She noted that although these savings may 

substantially reduce personnel costs, especially when aggregated across a large number of SAKs, the 

issue merits further study.
SPECIAL REPORT 15

National Institute of Justice | NIJ.gov

Houston 

In the Houston project, the researchers randomly 

selected 500 cases from the 6,663 previously 

untested SAKs. (Because complete data were not 

available on a few of these, there ended up being 491 

cases in the sample that the researchers studied.) 

The sexual assaults in the sampled cases occurred 

from 1990 to 2009. When they were DNA tested, 

55 percent yielded a DNA profile, and 79 percent of 

those profiles were successfully uploaded into CODIS. 

There were CODIS hits in 21 percent of the Houston 

sample, or 104 cases. (See the discussion, page 16, 

What Happened in Houston Cases After a CODIS Hit?)

In addition to following the results of DNA testing, 

the Houston researchers performed an in-depth 

examination of the 500 cases themselves based on a 

review of the police files. What they found is shown in 

the graphic below.

The fact that less than one-third of the victims had 

provided a sworn statement to police was a critical 

finding for the Houston team.

“This is particularly important,” said Wells, “because 

police investigators indicated that, except in rare 

situations, cases do not advance without a sworn 

statement from the victim.”

Although the absence of a sworn victim statement 

in these older cases may partially explain why DNA 

testing of the kit was not requested at the time of 

collection, this cannot definitively be known without 

a comparison sample of tested kits that had an 

accompanying sworn victim statement.

Another interesting finding from the Houston project 

is that, in 46 percent of the cases, the victim did not 

participate in the case after the SAK exam. Because 

this finding could be subject to misinterpretation or 

be startling to many, it is important to understand 

precisely how the data were gathered. 

The Houston researchers hired and trained retired 

police investigators to review the police files and code 

a wide range of data, including phone and in-person 

contact with the victim after the SAK exam. Based on 

their review of the files, the researchers determined 

that the victim had not participated in any additional 

IN-DEPTH EXAMINATION OF 500 CASES IN HOUSTON

29%

A sworn statement from 

the victim was found.

32%

Police had not been able to 

contact or locate the victim for 

follow-up investigation.

18%

A suspect had been 

interviewed.

46%

Notes indicated that the 

victim did not want to 

take part in a further 

investigation.

22%

An arrest warrant had 

been sought.

18% of 

nonstranger 

cases

7% of 

nonstranger 

cases

A suspect had been 

arrested.
16 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

investigation of the case. The study did not draw 

conclusions regarding the extent to which this finding 

involved law enforcement issues (such as no effort 

to follow up with the victim) or victim issues (such as 

failure to respond to police attempts to contact). 

There is no doubt, however, that this finding raises 

important questions for future research. 

“We know that attrition of sexual assault cases in the 

criminal justice system is very high, and we know that 

the victim’s participation — sometimes referred to 

as ‘victim cooperation’ — is crucial to a case moving 

forward,” said Wells. “But very little research has 

been done to help us understand the complex factors 

behind a nonparticipation number like we found 

in Houston.” 

Finally, in Houston, the researchers wanted to use 

the police files to determine, to the extent possible, 

what investigation had occurred in the past in the 104 

cases in which there was now a CODIS hit. They found 

that 26 percent contained a sworn statement from the 

victim; 74 percent did not. In 68 percent of the cases, 

it appeared — again, based on a review of the police 

files by retired investigators — that the victim did not 

participate in any additional investigation. 

In 15 percent of the cases, a suspect had been 

interviewed; in 82 percent, a suspect had not been 

interviewed. In 10 of the 104 cases, the police file 

indicated that there was insufficient evidence to 

proceed with an investigation, despite the fact that the 

SAK had not been sent to the lab for testing. In 18 of 

the cases, the police had asked for an arrest warrant; 

in 16 cases, an arrest had been made. 

What Happened in Houston 

Cases After a CODIS Hit?

The researchers looked at what judicial outcomes 

were achieved in the 104 cases in which a CODIS 

hit revealed the identity of a suspect. 

As of mid-August 2015, when the Houston 

researchers completed their study, charges had been 

filed in one of the 104 cases, and seven cases were 

still being investigated.5

“The expired SOL and the lack of victim participation 

represent two important barriers to case progression 

in our sample,” said Wells. “It remains to be seen, 

however, whether the criminal case outcomes in 

our sample here in Houston are unique or whether 

they reflect patterns that other jurisdictions may 

also experience.”

IN-DEPTH LOOK AT 104 HOUSTON CASES IN WHICH

CODIS HIT REVEALED THE IDENTITY OF SUSPECT

37%

The statute of 

limitations had expired.

18%

The victim could not be 

located/contacted.

5%

The alleged perpetrator 

was deceased.

13%

Police reported that the 

victim did not want to be 

involved in any additional 

investigation/prosecution.

10%

The alleged perpetrator had

already been arrested.
SPECIAL REPORT 17

National Institute of Justice | NIJ.gov

TESTING SAKS: 

ALL OR SOME?

There are really two separate questions with respect 

to whether evidence should be tested in all — or just 

some — sexual assault kits:

• What policies should apply to testing a large 

number of older, previously untested SAKs?

• What policies should apply to current and future 

cases? (See sidebar on page 27, Going Forward: 

Testing SAKs in Current and Future Cases.)

With respect to testing a large number of older, 

previously untested cases, jurisdictions will have to 

determine whether all of the kits will be DNA tested 

regardless of case status. For example, is it useful 

to test a kit if the identity of the alleged assailant is 

already known? Does it make sense to test if the 

SOL for filing charges has expired? Will a kit be tested 

only if the victim expresses a desire to proceed with 

the case?

As previously mentioned, while the NIJ-supported 

projects were underway, officials in Detroit and 

Houston decided to test all previously untested SAKs. 

But whatever policy decisions other jurisdictions 

make, they will undoubtedly be bound by the fiscal 

realities of not only DNA testing but also follow-up law 

enforcement investigations and possible prosecutions. 

Below is a brief summary of other considerations 

surrounding testing all — or just some — older, 

previously untested kits.

As Campbell explained in the final report on the 

Detroit project, past research has found that many 

rapists, in both stranger and nonstranger assaults, 

are serial rapists who have committed more than one 

assault. Therefore, she said, “In stranger-perpetrated 

cases, testing could reveal the potential identity of the 

offender and DNA profiles from multiple crimes.”

SUMMARY POSITIONS REGARDING TESTING 

OLDER SEXUAL ASSAULT KITS

Test Some SAKs

• DNA is useful only in stranger rapes, when the 

identity of the suspect is unknown.

• Testing is not a good use of public funds 

if the SOL has expired and the case cannot 

be prosecuted.

• Testing is not a good use of public funds in 

complainant refuses to prosecute (CRTP) cases.

Test All SAKs

• Even if the identity of the suspect is known, it 

is useful to populate CODIS. A “stranger” in one 

assault can be a “nonstranger” in another.

• The SOL might not have expired; even if it has, 

there could be evidence of prior bad acts (Rule 

404(b)) that could be used in the prosecution or 

sentencing of another case.

• In Detroit, the researchers found evidence that 

a CRTP designation in the police report was 

sometimes inaccurate. 
18 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

“In nonstranger cases,” Campbell added, “if the 

assailant's identity was known in Case A, police may 

not test the kit. Similarly, if identity was known in a 

separate crime, Case B, again, police may not test the 

kit. However, if A and B were both tested, it is 

possible they would match, indicating a pattern of 

serial sexual offenses.” 

The graphic below illustrates this.

SERIAL

SEXUAL OFFENSES

SUSPECTS ARE THE SAME

Although the Detroit findings showed the merit 

of testing SAKs across a wide variety of case 

circumstances — known/unknown suspect, for 

example, and SOL–expired/nonexpired — Campbell 

said that it is unknown what outcomes other 

jurisdictions would have if they decide to test a large 

number of previously unsubmitted kits.
SPECIAL REPORT 19

National Institute of Justice | NIJ.gov

“Known” vs. “Unknown” Suspects in Sexual Assaults

One of the most complex issues for law enforcement and the public to fully understand is how nuanced 

the concepts of “known” versus “unknown” and “stranger” versus “nonstranger” are when referring 

to sexual assault suspects. Although the terms are intended to describe whether the victim knows the 

“identity” of the suspect, the researchers in the NIJ-supported projects in Detroit and Houston noted that 

the terms can ignore the complexity of real-world situations.

To address this, the following categories were developed as part of the Houston project and are now 

being used by the Houston Police Department:

• Acquaintance: Someone whose identity the victim knows, even if he or she knows only a nickname

• Dating relationship/spouse: A current or former partner

• Family member: Someone to whom the victim is related through blood, marriage, or adoption (anything 

but a godparent-type relationship)

• Met same day: Someone the person met within 24 hours of the assault

• Stranger: Someone with whom the victim has no affiliation

“I think the ‘met same day’ category gets at a very important distinction,” said Noël Busch-Armendariz, 

one of the lead researchers in the Houston project. “It creates a much more nuanced understanding of a 

victim who, for example, met a man in a bar and had a few drinks with him but doesn’t really know him; 

he is not an acquaintance and not a stranger.”

Rebecca Campbell said that investigators wrestled with the same issue in Detroit, where researchers 

defined “stranger assaults” as those in which the victim did not know the offender. All other assaults were 

coded as “nonstranger” and broken down into three categories: 

• The suspect was known by sight, nickname, or street name.

• The suspect was a friend, associate, or family member (but not an intimate partner).

• The suspect was a current or past intimate partner. 

“Because it was sometimes difficult to distinguish between ‘stranger’ and ‘known by sight/nickname/

street name,’ the team established consistent operational definitions and case assignment rules,” 

Campbell said. “Cases were coded as a ‘stranger’ if there was no information that the police could work 

from in order to identify the possible assailant.”

For example, if the victim said that the assailant was called John and that “he hangs out at the party 

store,” and if the police were given the specific location of the party store, the case was considered to be 

in the nonstranger “known by sight/nickname/street name” category.

On the other hand, if the victim said that she thought that she heard someone else at the crime scene 

refer to her attacker as John but she had no other details about his identity and there were no other 

leads to go on, the case was considered a stranger case.
20 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

In Houston, Wells noted, 44 percent of the cases in 

that sample could not be prosecuted because the 

SOL had expired. Therefore, if the goal is to prosecute 

suspects, it may be beneficial to first test cases 

that are still within the SOL. Although the Houston 

researchers did not study the issue of serial offending, 

Wells agreed with Campbell’s conclusion that testing 

all older SAKs could be valuable in identifying 

serial rapists. 

Finally, Campbell noted, some studies have found 

that evidence from SAK testing is rarely presented in 

court. This, she said, suggests that future research 

needs to explore the knowledge, attitudes and 

beliefs, and behaviors regarding the utility of testing 

SAK evidence among all stakeholders in the criminal 

justice system, including police, prosecutors, judges, 

and — because DNA evidence can protect the 

innocent — the defense bar. 

Whether a jurisdiction adopts a test-all policy or 

prioritizes only some kits for testing, one of the best 

pieces of advice, said Campbell, is to start small.

“You don’t jump in and try to test all of these kits all 

at once,” she said. 

Starting with as few as 10 kits could help a 

jurisdiction clarify goals, work through logistics, 

identify resources and staffing, and determine what 

information is difficult to track down. It can also 

help a jurisdiction make decisions such as (1) how 

to ensure that the chain of custody is not broken if 

SAKs are sent to an outside laboratory for testing, 

(2) what review procedure to use when the results 

come back from the laboratory, (3) how — and by 

whom — the victim will be notified regarding testing 

results, and (4) what resources would be needed for 

follow-up investigation and possible prosecution.

In their final report, the Houston researchers also 

make a number of recommendations for jurisdictions 

to consider when deciding to test a large number of 

previously untested SAKs. 

First, the Houston researchers state that collecting 

and reporting on case characteristics is important 

because there is very little scientific information 

regarding older cases that were not sent for forensic 

testing. Understanding the facts regarding these 

older, previously untested cases may be helpful, 

said Wells, because “the media often make broadbrushed conclusions about these cases and their 

investigations.” He noted, for example, that police 

Serial Rapes: Exploring Rates and Patterns 

NIJ recently funded Michigan State University to perform a longitudinal study of sexual assault offending 

patterns by using DNA evidence. Rebecca Campbell is leading the project, which will look at the scope of 

serial sexual assaults by males who have raped more than one person.

“Court recidivism studies have shown that 10 to 15 percent of convicted sex offenders re-assault 

within five years, and self-report surveys suggest that 60 percent of males who have committed sexual 

assaults have raped more than one individual,” Campbell said. “We will be using a different method — 

DNA evidence in sexual assault kits — to explore the rates and patterns of serial sexual assaults.”

In partnership with the Michigan State Police, the researchers are using a sample of approximately 

7,000 recently tested sexual assault kits in Detroit. The three-year project will look at DNA matches in 

the Combined DNA Index System (CODIS) and the full adult criminal histories for all CODIS-identified 

offenders to model their offending patterns over time.

Read details about the grant at NIJ.gov, keyword: 2014-NE-BX-0006.
SPECIAL REPORT 21

National Institute of Justice | NIJ.gov

had sought an arrest warrant in 20 percent of cases 

in the Houston sample and arrests had been made in 

14 percent of the cases.

In their recommendations, the Houston 

researchers also point out that, even if other 

jurisdictions decide to investigate older cases 

only when a CODIS hit identifies a suspect, 

significant police and prosecution resources will 

still be needed. Investigators will require time and 

possibly specialized training, prosecutors will face 

additional workload to review cases, and victim 

advocates will be called upon to ensure that 

victims receive full support.

Finally, the Houston researchers noted that 

because jurisdictions currently do not know what 

criminal justice outcome they should expect 

if they test a large number of older kits, it is 

important to study case progression beyond 

testing, through investigation and possible 

adjudication. Again, in the Houston sample as of 

mid-August 2015, only one case had resulted in 

new charges being filed, although seven cases 

were still being investigated. 

Wells noted that this finding suggests that 

jurisdictions may want to consider outcomes 

other than the potential of case adjudication when 

making the decision to test older SAKs. 

“For example,” he said, “SAK testing practices 

may signal important messages to the community 

about the justice system’s responsiveness to the 

crime of sexual assault, and it is possible, in turn, 

that these messages could generate other results, 

such as enhanced police legitimacy or greater 

rates of victim reporting.” 

VICTIM NOTIFICATION

The multidisciplinary teams in Detroit and Houston 

were charged with developing protocols for notifying 

victims in cases where the SAK was only now being 

tested for DNA evidence. Although the protocols 

were developed specifically to address this situation, 

they also offer guidance for recent or current cases, 

where it is easier to find the victim and determine her 

or his willingness to be involved in the criminal 

justice system. 

In understanding the investigation and prosecution of 

sexual assault, it is important to understand that the 

victim’s participation is critical. As Wells says in his 

report on the Houston findings, “The lack of victim 

participation is an important reason why CODIS hit 

cases do not advance through the criminal justice 

system, so devoting time and resources toward 

improving victim engagement and participation may 

pay significant dividends that amplify the value of 

forensic testing.”

There are any number of reasons why a victim 

may not want to participate in the criminal justice 

system, said Bethany Backes, a social scientist at NIJ 

and an expert on sexual violence who oversaw the 

Detroit project.

“For example,” Backes said, “a victim may have had 

negative experiences with police or have fears about 

her case becoming public, or he may experience 

shame or fear about not being believed.” 

In older cases, in which the victim may not have 

heard anything since agreeing to the forensic medical 

examination, the issue can be even more complicated. 

Consider a woman who was sexually assaulted in 

college and who has since married and not told her 

husband about the assault. Consider a victim who 

may have been using drugs at the time of the assault 

and has since slid further into drug use. Consider a 

woman who was impregnated years ago by the rapist 

but never told the child about the rape. Now consider 

that, years later, officials knock on these victims’ doors 

to tell them that their SAKs have now been tested.
22 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

Testing SAKs in older cases can raise complex legal 

and psychological issues for the victim. Notifying 

victims can trigger memories and feelings regarding 

the assault, and this re-traumatization can cause 

flashbacks, exacerbate post-traumatic stress disorder 

and other mental health issues, and affect substance 

use or abuse. The Houston and Detroit teams made 

it a goal to develop victim-centered, trauma-informed 

protocols for notifying victims about the testing of 

their SAKs. (See sidebar on page 24, Victim-Centered, 

Trauma-Informed Notification.) 

In partnership with the Office for Victims of Crime, NIJ 

published a brochure that summarizes the approaches 

used in both Detroit and Houston to develop victim 

notification protocols. Read the brochure at NIJ.gov, 

keyword: 249153.

In developing victim notification protocols, the Detroit 

multidisciplinary team reviewed each case in which 

there was a hit in CODIS to determine the specific 

circumstances of the case. They then followed a 

two-step process to notify the victim:

1. Investigators affiliated with the prosecutor’s office 

(not the police department) contacted the victim to:

• Explain that her or his SAK had not been tested 

when the assault was originally reported, but had 

now been tested;

• Offer an apology that the SAK had not been 

previously tested; and

• Request a follow-up meeting.

2. Investigators and an advocate then met with the 

victim to:

• Provide further details and discuss options; and

• Connect the victim with community services.

Both the Detroit and Houston teams made the 

decision to notify victims only if there was a CODIS hit. 

Another key piece of Detroit’s protocol was to have 

an investigator from the prosecutor’s office, not the 

police department, make the first contact with the 

victim. This was done to minimize re-traumatization, 

including any bad experiences that victims may have 

had with the Detroit Police Department.

The researchers selected 41 cases to determine 

the effectiveness of the Detroit victim notification 

protocol. Investigators found the victims in 31 of these 

cases. Negative reactions, such as anger or refusal 

to talk, were reported in 16 percent of cases; positive 

reactions, such as happiness or relief, in 29 percent; 

and no strong reactions, with respondents being open 

but reserved and cautious, in 55 percent.

Perhaps unsurprisingly, the more time that had 

passed between the initial report of sexual assault 

and the new contact during the notification process, 

the more negative the victim’s reaction. Strong 

negative reactions were more common if the rape 

had happened nine or more years earlier; a strong 

positive reaction was more common if the assault had 

happened less than nine years earlier. An absence of 

reaction was more common if the victim was more 

than 24 years old at the time of the assault.

Far more than half the victims in this sample — 64 

percent — agreed to a follow-up meeting, and 57 

percent decided to participate in the investigation and 

prosecution process. 

It is important to note that the majority of these 31 

cases were “stranger” cases, not cases in which the 

suspect’s identity was known to the victim before the 

SAK was tested. Campbell noted that preliminary findings 

suggested that victims of nonstranger rape were not as 

likely as victims of stranger rape to stay in contact with 

the criminal justice system after notification. 

In summary, the findings in Detroit showed 

the following:

• Most victims did not have strong negative reactions 

to being contacted by officials after so many years.

• Most victims decided to stay in contact with the 

criminal justice system.

• Victims ages 16 to 24 at the time of the assault 

were more likely to react negatively and less likely 

to wish for further contact.
SPECIAL REPORT 23

National Institute of Justice | NIJ.gov

• Victims of nonstranger assaults were less likely to 

wish further contact.

Based on these findings, what were the most 

important victim notification lessons in Detroit? 

“Given that notification can reactivate memories of 

a major traumatic event and require that complex 

forensic and legal information be communicated, one 

of the most critical lessons was the importance of a 

multidisciplinary perspective,” Campbell said. “The 

input from all core disciplines — police, prosecution,

crime lab, sexual assault nurse examiners, 

and advocacy — was essential for creating a 

comprehensive plan that addressed survivors’ 

psychological and informational needs.”

A second important lesson, she said, was that it was 

“doable” — that is, it was not impossible to find 

victims in older cases. After an initial search of three 

databases (Law Enforcement Information Network, 

TLO Online Investigative Services, and LexisNexis), 

relatively little effort (defined as up to two phone 

calls and one in-person visit to a single address) was 

required to contact more than half the victims. 

Third, Campbell said, it was important that, during 

the initial in-person notification, the victim was shown 

compassion, offered an apology, and given options for 

confidential communications in the future. 

Finally, Campbell noted, a victim-centered 

notification protocol should not expect 100 percent 

re-engagement in the criminal justice system. 

In Houston, the multidisciplinary team created a 

smaller task force to develop victim notification 

protocols. Led by Busch-Armendariz, the task 

Victim Notification Training Through the Office on Violence Against Women

The U.S. Department of Justice’s Office on Violence Against Women is now supporting researchers from 

the University of Texas at Austin who worked on the NIJ-supported project in Houston as they develop 

training and technical assistance on victim notification. Rebecca Campbell, the lead researcher on the 

Detroit project, is a consultant on the project, along with a number of other experts.

The work is grounded on the victim-centered, trauma-informed protocols developed by the Houston and 

Detroit multidisciplinary teams in the NIJ-supported projects.

“Sexual assault survivors voluntarily participated in the Houston and Detroit projects and distinguished 

good and bad notification practices, helpful and hurtful responses, and their long-term needs after 

notification,” said Noël Busch-Armendariz, who, along with fellow researchers Caitlin Sulley and Leila 

Wood, is heading up the project.

The researchers are developing a comprehensive curriculum for law enforcement, prosecutors, and 

victim service providers regarding victim notification in cases where sexual assault evidence was not 

tested at the time the victim reported a crime.

“Our goal,” said Busch-Armendariz, “is to improve the system response to sexual assault crimes 

and build the public’s trust in the criminal justice system to respond more adequately to victims of 

these crimes.”

Learn more at http://www.justice.gov/ovw.
24 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

force first conducted focus groups and individual 

interviews with 42 victims of sexual assault and 27 

professionals, including systems-based advocates 

(who worked in the police department), communitybased advocates (who worked at a nonprofit social 

service agency), and SANEs. Their goal was to 

determine whether victims in cases in which the SAK 

had not previously been tested should be notified of 

DNA test results if their case could not move forward 

in the criminal justice system and what special factors 

should be considered when notifying victims in these 

older cases.

“We wanted to understand, in these complex cases, 

how victims wanted to be notified about testing results 

after evidence in the rape kit was tested,” BuschArmendariz said. “They told us that they needed to be 

re-engaged, that they wanted to be in control of when

the notification happened, to be prepared for 

the results.”

Many victims, although not all, wanted the results of 

the SAK testing, and many said that they would be 

willing to be re-engaged in the criminal justice system.

“Precisely how all those factors were considered 

was key for us as we designed the victim notification 

protocol,” Busch-Armendariz added. “We needed to 

get right.”

Victim-Centered, Trauma-Informed Notification

Victims of sexual assault undergo a thorough medical forensic examination — lasting several 

hours — in which evidence is collected from their bodies: pubic and head hairs are taken; the genitals, 

anus, mouth, and breasts are swabbed to collect semen, saliva, and blood; and the undersides of the 

fingernails are scraped. All of this evidence — as well as evidence that is not in the kit, such as bed 

sheets or a weapon — can be tested to determine the presence of the alleged assailant’s DNA. 

One of the goals of the NIJ-supported projects in Detroit and Houston was to develop victim notification 

protocols that were victim centered and trauma informed. But what precisely does this mean?

“Victim-centered” means that the victim is at the center of all decisions regarding recovery and any 

involvement with the criminal justice system. The focus is on the victim’s choice, safety, and well-being, 

and the needs of the victim are everyone’s concern. 

“Trauma-informed” means attending to the victim’s emotional and physical safety and using resources, 

services, and support to increase the victim’s capacity to recover. It means educating victims, service 

providers, and the community about the impact of trauma, which may cause victims to behave in 

ways that are confusing to them and which can lead to recollection of what happened coming slowly 

or in fragments. 

• Read a brochure about notifying sexual assault victims after testing evidence based on findings from 

Detroit and Houston at NIJ.gov, keyword: 249153.

• Watch Rebecca Campbell, the lead researcher in the Detroit project, discuss the neurobiology of 

trauma at NIJ.gov, keyword: sakvideos. 

• Watch Noël Busch-Armendariz, a lead researcher in the Houston project, address victim notification 

issues at NIJ.gov, keyword: sakvideos.
National Institute of Justice | NIJ.gov

SPECIAL REPORT 25

The notification protocol adopted in Houston called 

for the HPD to contact victims only in cases in which, 

after the SAK was tested, there was a CODIS hit to an 

identified suspect and either the SOL had not expired 

or, if it had, the CODIS hit had identified a suspect 

who was on trial or in the punishment phase of a trial 

for another sexual assault. In all other situations — a 

case-to-case CODIS hit without an identified suspect, 

for example — the victims were not contacted unless

they contacted a hotline or the DNA profile identified 

in their kit resulted in a CODIS hit at some later point. 

For cases in which there was no CODIS hit or a DNA 

profile could not be developed, the protocols called 

for a review of the case file to determine whether 

there were leads that should have been (but were not) 

investigated at the time of the assault. 

Investigators in Houston contacted victims in a 

number of ways, first trying to reach the victim by 

phone to set up an in-person discussion. If that was 

not successful, they attempted to notify the victim in 

person at her or his home. If the victim could not be 

contacted by phone or through a home visit, they sent 

a certified letter. 

Houston authorities also created a hotline and an 

email option for victims who had, at any time since 

1980, reported a sexual assault and wanted to 

find out about the results of new SAK testing and 

the status of their case. Notice of this hotline was 

published in numerous media. A trained advocate 

answered the phone and responded to emails, giving 

victims additional information and connecting them to 

support resources that they might need. 

“The hotline,” said Busch-Armendariz, “gave victims 

more control about when they re-engage with 

the system.” 

The victim notification protocols in Houston also 

included a temporary “justice advocate” position in 

HPD’s Adult Sex Crimes Unit to work with victims 

in both older and new cases. One of the justice 

advocate’s goals was to try to re-engage victims from 

older cases in the criminal justice system. The justice 

advocate has several duties:

• Establish and maintain contact with victims in 

collaboration with investigators

• Identify victims with complex psychosocial needs 

and serve those needs

• Connect victims to other resources

• Serve as a liaison between the HPD and 

community organizations

• Document the contact with the victim

Six months after the justice advocate started work, 

the NIJ-supported multidisciplinary team conducted a 

focus group with seven HPD officers to consider the 

impact of the advocate’s role on their investigations. 

“I talked to investigators working side by side with the 

justice advocate who said they couldn’t believe that 

they did this work before without a justice advocate,”

said Caitlin Sulley, a UT-Austin researcher who was a 

member of the Houston team. “Investigators said that 

the justice advocate helps them respond to the needs 

of the survivor and keep them engaged in the process. 

Survivors have described that they are very scared 

and nervous when an investigator comes to their door 

to tell them about a new CODIS hit from the evidence 

in their rape kit; however, once they speak with the 

investigator and with the justice advocate, they have 

very positive things to say — that the investigator 

was compassionate and listened to them, which is 

very different from their initial interaction with law 

enforcement.” 

The justice advocate had such a positive impact on 

the work of investigators and on victim outcomes 

that the position was made permanent. It is important 

to note, however, that because the justice advocate 

position in Houston is embedded in the police 

department, the advocate is not bound by rules of 

confidentiality — unlike justice advocates who work in 

victim services agencies.

The Houston researchers noted that although 

responses to this position have been very favorable 

so far, further research would be needed to determine 

how the position’s impact, in terms of outcomes such 

as increasing victim cooperation and engagement 

in the criminal justice process, compares with the 
26 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

impact of justice advocates who work in outside victim 

services agencies. 

• Watch Houston researcher Sulley discuss HPD’s

hiring of a justice advocate at NIJ.gov,

keyword: sakvideos.

• Watch Emily Burton-Blank, HPD Justice Advocate,

discuss the impact of her role in the investigation

of sexual assaults at NIJ.gov, keyword: sakvideos.

The Houston task force on victim notification 

interviewed a number of victims, some of whom asked 

why they were being contacted now and why there 

had been such a long wait. Some reported that they 

had “moved on” and did not want to relive the assault. 

Some victims expressed uncertainty and confusion 

about why their case was reopened, since there was 

no guarantee of a successful resolution. 

Busch-Armendariz noted that contacting victims 

about SAK testing can reveal issues, such as lack of 

transportation or childcare, mental illness, and current 

life stressors, that may complicate victims’ decisions 

about whether to move forward with investigation and 

possible prosecution. 

Interviewing victims about their experience with being 

notified about the testing of their kits years after the 

assault provided the Houston team with powerful 

insight into what worked and how victims were 

affected by the process. 

“We cannot avoid the emotional costs,” BuschArmendariz said, “but we can structure the 

involvement in a way that does not do more harm — 

that empowers the victim and acknowledges the harm 

done by the offender.”

• Watch Busch-Armendariz talk about the Houston

team’s work on victim notification issues at

NIJ.gov, keyword: sakvideos.

• See sidebar on page 23, Victim Notification Training 

Through the Office on Violence Against Women.

LESSONS FOR 

OTHER JURISDICTIONS

How applicable are the research findings in Houston 

and Detroit to other jurisdictions? Or, as the scientists 

put it, how generalizable are they?

The bottom line is that “community context” matters. 

Each jurisdiction has its own history and resource 

issues. If a law enforcement agency’s property storage 

policies do not require segregating SAKs from other 

types of evidence — or if the property room computer 

system does not interface with the laboratory’s 

tracking system — it could be difficult to know how 

many untested kits there are. 

On the other hand, Campbell said, a department 

may know that it has a large number of unsubmitted 

kits but may not view this as an issue, depending 

on departmental norms or culture regarding sexual 

assault investigations, including whether sexual 

assault cases are an organizational priority, whether 

the department has sufficient staffing, and whether 

officers and detectives have adequate training about 

trauma and its impact on victims. 

Another critical issue is the availability of information 

technology (IT). Many jurisdictions lack a computerized 

evidence-tracking system that can help evaluate 

funding and staffing needs for testing SAKs and for 

follow-up investigations and prosecutions. To help 

other jurisdictions address IT issues, the Detroit team 

created a number of resources and recommendations 

regarding storage procedures, census taking, and 

tracking of SAKs throughout the criminal justice 

process. Read more in the Detroit team’s final report 

at NIJ.gov, keyword: 248680.
National Institute of Justice | NIJ.gov

SPECIAL REPORT 27

Going Forward: Testing SAKs in Current and Future Cases

The Detroit and Houston projects dealt with a large number of older sexual assault kits (SAKs) that had 

not previously been tested. As noted earlier, while the projects were underway, both jurisdictions decided 

to test all previously untested kits — as have a number of other jurisdictions around the country. 

It is important to keep in mind, however, that SAK testing policies going forward — that is, in current and 

future sexual assault cases — could involve different considerations. For example, some jurisdictions 

have passed laws mandating that all new SAKs be sent to the laboratory for forensic testing. To date, 

there are no nationwide studies of whether the jurisdictions are actually complying or how these laws 

are affecting the nations’ crime laboratories. Although it has long been known that while forensic 

laboratories’ processing capacity and output have increased substantially, demand has grown much 

faster, leading to the “backlog” issue that NIJ has studied for years. To learn more, download Making 

Sense of DNA Backlogs, 2012 — Myths vs. Reality at NIJ.gov, keyword: 243347. 

The mandatory collection of DNA from arrestees is another factor that may affect SAK testing policies 

in new cases. Twenty-eight states now require that DNA be collected from certain categories of 

arrestees. With the influx of DNA profiles into CODIS due to these laws, the likelihood of identifying 

previously unknown suspects — and possible serial offenders — may increase. The so-called 

“all-arrestee” laws may also affect SAK testing policies in that fewer SAKs may need to be tested: If, 

in a state that automatically collects DNA from suspects arrested for sexual assault, a suspect admits 

to having had sexual contact but claims it was consensual, no new information would be gained from 

testing the SAK, because (a) the suspect’s identity is known and (b) his DNA profile has already been 

uploaded into CODIS.

Another consideration for future decision-makers is the victim’s perspective. A certain percentage of 

victims have a medical forensic examination, but then choose not to participate in further investigation 

or prosecution. If prosecution is not going to move forward, should the kit be tested? Furthermore, if the 

SAK contains a mixture of biological material, the victim would need to participate in the case in order for 

DNA to be collected from a consenting partner.

A number of important questions remain to be answered. What effect does “all-arrestee” DNA collection/

uploading to CODIS have on the need to test all SAKs in current cases? What impact do test-all policies 

and arrestee DNA policies have on crime laboratories? Do they exacerbate the current backlog, possibly 

delaying the discovery of new investigative leads in sexual assault cases? 

“The bottom line is that testing large numbers of older SAKs and creating policies for testing future 

SAKs may require different approaches,” said Gerald LaPorte, who heads up NIJ’s Office of Investigative 

and Forensic Sciences. “And the only way to determine this — to help inform SAK testing policies 

and practices that contribute to investigating and solving sexual assaults — is through further 

scientific study.” 
28 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

MOVING FORWARD

The issue of previously untested evidence in sexual 

assault cases is complicated, and efforts to address 

it have come from many quarters. Law enforcement 

agencies are performing audits to identify what 

untested evidence is in their custody. District 

attorneys have set up dedicated sex crimes units to 

bring more resources to bear in the labor-intensive 

investigation and potential prosecution of older 

cases. Some states and municipalities have passed 

laws that mandate the testing of all kits. Advocacy 

groups keep the issue front and center in the minds 

of policymakers, and some have even begun public 

fundraising to test rape kits. 

In 2014, NIJ partnered with the FBI laboratory to 

learn more about the handling of SAKs, particularly to 

improve the collection and processing of quality DNA 

evidence. (See sidebar on page 12, Partnering With 

the FBI.)

In 2015, the Bureau of Justice Assistance (BJA), one 

of NIJ’s sister agencies, awarded more than 

$24 million to 20 law enforcement agencies to test 

kits and improve the agencies’ response to the crime 

of sexual assault (BJA also awarded $6 million for 

training and technical assistance). 

The nation’s forensic and social scientists, including 

those at NIJ, continue to develop new research-based 

tools and processes that improve investigations and 

prosecutions to bring more rapists to justice and 

better support victims. The appendix offers examples 

of NIJ’s most recent forensic science research and 

development (R&D) projects and social science 

research projects (see page 31). 

Testing SAKs is only one aspect of the larger problem 

of preventing and solving sexual assault. And indeed, 

Backes, who oversaw the project in Detroit, noted that 

the large number of previously untested kits is one of 

the issues that has brought national attention to the 

crime of sexual assault.

But, as Backes and the researchers in the Houston 

and Detroit projects emphasize, truly understanding 

how to prevent and solve sexual assaults will mean 

that the national dialogue cannot be limited to testing 

kits, because doing so obscures the larger, more 

complex issue of sexual assault.

Most sexual assaults still are not reported to law 

enforcement, and there is no forensic evidence for 

many assaults that are reported. Furthermore, testing 

a kit does not automatically lead to the arrest and 

conviction of the perpetrator and justice for the victim. 

Cases must be investigated and prosecuted, and 

numerous scientific studies over the last few decades 

have shown that the complexity of the crime can make 

it difficult to investigate and prosecute many cases.

Considering these factors, the researchers in the 

Detroit and Houston projects remind us not to be 

distracted from continuing to work on improving 

down-system investigations and prosecutions and 

support for the victims.

“This is a thorny, complex crime,” said BuschArmendariz, “and we need to tell ourselves the truth 

about the prevalence of this crime, offender-victim 

relationships, where sexual assaults most often 

happen, the offender’s pre-assault behavior, and other 

factors that can be at play — such as the role of 

alcohol and drugs.” 

The question, then, is whether the nation is ready 

for a more nuanced dialogue about the complexity 

of sexual assault — one that emphasizes effective 

investigations and effective prosecutions, with forensic 

evidence as just part of the process.

“When we start to really understand — and 

address — that complexity,” Busch-Armendariz 

added, “we will go a long way in solving sexual 

assault as a crime.” 
SPECIAL REPORT 29

National Institute of Justice | NIJ.gov

About the Author

Nancy Ritter is a former writer for NIJ. She has worked on criminal justice issues, as both a practitioner 

and a journalist, for many years.

Acknowledgements

Without the dedication and hard work of numerous scientists, this report would not have been possible. 

I would like to give special thanks to the following people for the invaluable input they provided over the 

course of developing this report:

• My NIJ colleagues: Dr. Katharine Browning, who managed the Houston project, Dr. Bethany Backes, who

managed the Detroit project, and Gerry LaPorte and his fellow scientists in NIJ’s Office of Investigative

and Forensic Sciences

• The NIJ-supported researchers featured in this report, including Dr. Rebecca Campbell, Dr. William Wells,

and Dr. Noël Busch-Armendariz
30 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

Endnotes

1. In a sample of 491 cases that researchers tracked in the NIJ-sponsored action research project

on untested SAKs in Houston, 68 percent contained biological evidence and 32 percent did not. Read

reports from the Houston project at http://www.houstonSAKresearch.org. In the sample of 350 cases that

researchers tracked in the NIJ-sponsored project in Detroit (Testing Group 4), about 70 percent contained

biological evidence and 30 percent did not. Read the final report from the Detroit project at NIJ.gov,

keyword: 248680.

2. Throughout this report, “unsubmitted” SAKs refers to those that had not previously been sent (submitted)

to a crime laboratory for testing, not to any “backlog” of kits that are in laboratories and awaiting testing.

Media often refer to untested kits in law enforcement custody as part of the “backlog,” but this is not how

NIJ uses the term.

3. Funding came from both this NIJ-supported project and an NIJ DNA Backlog Reduction grant to the

Michigan State Police.

4. All Detroit figures are as of Dec. 31, 2013.

5. As part of the Houston project, researchers at UT-Austin performed a cost analysis based on a sample of 

500 SAKs that were randomly selected from the 6,663 previously untested kits. There are too many

variables and data limitations to report the results here, but the full report is available at

http://www.houstonSAKresearch.org.
SPECIAL REPORT 31

National Institute of Justice | NIJ.gov

APPENDIX

A. How Forensic Science R&D Improves Justice in Sexual Assault Cases

NIJ supports research and development (R&D) in numerous forensic science disciplines that can improve 

the investigation and prosecution of sexual assaults. Most people readily identify DNA or forensic biology 

as a forensic area, but NIJ also funds R&D in forensic toxicology, impression and pattern evidence (such as 

firearms and fingerprints), and trace evidence, to name only three other disciplines that may be relevant in 

sexual assault cases.

Here is a brief glimpse of some of the basic and applied scientific research related to sexual assault that NIJ has 

funded in the past three years.

Test-all policies: RTI International is investigating the impact of policies that require the testing of all sexual 

assault kits (SAKs) on evidence processing in the lab and on the flow of information between law enforcement 

and crime laboratories. The researchers are using an “efficiency approach” to examine issues such as labor, 

equipment, and management systems and other communication processes. Using in-depth studies of law 

enforcement departments and crime laboratories with both high- and low-efficiency rates, they will make 

recommendations for improving the processing of SAKs and reducing the number of kits that await testing in 

test-all jurisdictions. Read details about the grant at NIJ.gov, keyword: 2013-NE-BX-0006.

Reducing DNA analysis time: Researchers in Sacramento County, California, are investigating ways to 

streamline the analysis of sexual assault evidence by determining what case-specific information can help 

select the samples most likely to yield a DNA profile. They are also working on validating a more efficient data 

interpretation method using probabilistic modeling software that could be run on standard desktop computers. 

This could reduce the time required to evaluate DNA profiles from the newest generation of short tandem 

repeat-typing kits — in many laboratories, there is a bottleneck in interpreting the data at this step — and could 

allow laboratories to better report testing results using likelihood ratios. Read details about the grant at NIJ.gov,

keyword: 2015-NE-BX-K004.

Determining the presence of male DNA: Researchers are working with the Denver Crime Laboratory in 

Denver, Colorado, to determine whether a modified extraction process can more quickly reveal the presence 

of male DNA in sexual assault evidence. The study will compare the sensitivity, reproducibility, and reliability of 

current methods — which are time- and labor-intensive — to a modified process that could be used with a 

variety of automated extraction robots in different forensic laboratory systems. Read details about the grant at 

NIJ.gov, keyword: 2015-NE-BX-K005.

Improving analysis of swabs: Traditional methods of analyzing swabs in SAKs are time- and sampleconsuming and expensive, test for only one bodily fluid, and are prone to false negatives. Researchers at Western

Carolina University are studying whether surface-enhanced Raman spectroscopy (SERS) could allow analysts to 

perform one measurement for all bodily fluids, such as semen and vaginal fluid, with minimal consumption of the 

sample itself. This research — which could lead to greater efficiency and accuracy and more definitive results — 

builds on NIJ investments in SERS research at Boston University, where researchers are studying the use of SERS 

for comprehensive and conclusive testing for blood, saliva, semen, and vaginal fluid. Read details about the grants 

at NIJ.gov, keywords: 2015-NE-BX-K003 and 2014-DN-BX-K021.
32 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

Using microbes as trace evidence: It is estimated that humans carry 10 times more bacterial cells than 

human cells. Researchers at the University of North Texas Health Science Center are exploring how best to exploit 

this fact for forensic purposes. Looking at the genomes of the microbes that live on and in our bodies, they are 

working to identify the microbial genetic markers with the best potential for identifying the unique microbial 

communities found on different people. Once the best microbial gene panel is identified, they plan to test how it 

performs in distinguishing between a set of human subjects by gender, age, and other factors. The researchers 

speculate that using this additional microbial information might help overcome some of the challenges, including 

contamination, that are currently experienced with human touch DNA analysis. Read details about the grant at 

NIJ.gov, keyword: 2015-NE-BX-K006.

Learn more about NIJ’s forensic science R&D portfolio at NIJ.gov, keywords: forensic science.

B. Increasing the Nation’s Capacity to Test DNA Evidence

NIJ supports the nation’s crime laboratories in improving their capacity to more rapidly and efficiently test DNA 

evidence, including evidence from sexual assault kits (SAKs). Here are some examples of work performed through 

NIJ’s Forensic DNA Unit Efficiency program: 

Decreasing backlog: The Louisiana State Police Crime Laboratory was experiencing an increased rate of DNA 

requests that made it impossible to eliminate their backlog. By using a multifaceted approach, including the Lean 

Six Sigma model, the laboratory increased productivity by 280 percent, reduced its backlog by 85 percent, and 

completed 68 percent more DNA testing requests per month. Read an abstract and access the full report at 

NIJ.gov, keyword: 235190.

Improving workflow: Researchers at the Field Testing Division of the University of North Texas Health Science 

Center’s Laboratory for Molecular Identification developed an integrated workflow, from laboratory processing to 

reporting. This included a redesign and validation of several steps for mitochondrial DNA (mtDNA) amplification, 

sequencing, and purification procedures that increased efficiency and throughput capabilities and reduced costs. 

Read an abstract and access the full report at NIJ.gov, keyword: 234292.

Reducing turnaround time: The Allegheny County, Pennsylvania, crime laboratory reduced case turnaround 

time by creating a comprehensive process map of the forensic biology workflow, allowing the laboratory to identify 

areas of the analysis process that needed greater efficiency, including manual microscopic examinations for the 

presence of spermatozoa and DNA profile interpretation. Read an abstract and access the full report at NIJ.gov, 

keyword: 234634. 

Processing known standards: The Kansas City Police Crime Laboratory increased its efficiency by 

20 percent (resulting in a 39 percent decrease in its backlog) by validating a rapid extraction and analysis method 

for processing known DNA standards. The method required changes in workflow so that known standards were 

batched separately from casework standards, which allowed technicians to process them separately and dedicate 

more time to casework samples. Read an abstract and access the full report at NIJ.gov, keyword: 236157. 

Reducing SAK backlog: When the Los Angeles Police Department (LAPD) outsourced the testing of more than 

6,000 SAKs, funding supported overtime pay for LAPD analysts who reviewed those analyses and uploaded more 

than 1,700 DNA profiles into the state and national databases; 895 resulted in at least one Combined DNA Index 

System (CODIS) hit. Read an abstract and access the full report at NIJ.gov, keyword: 236693.
SPECIAL REPORT 33

National Institute of Justice | NIJ.gov

Analyzing buccal swabs: The Oklahoma State Bureau of Investigation developed a more efficient way to collect 

and process reference DNA samples, using a new buccal collection kit that eliminated the extraction step in the 

analysis process. Read an abstract and access the full report at NIJ.gov, keyword: 237764. 

Setting up a CODIS laboratory: Before NIJ funding allowed the Wyoming State Crime Laboratory to purchase 

its own equipment, offender samples had to be outsourced to private labs for testing. With the new equipment, 

the laboratory significantly reduced the backlog and decreased the turnaround — that is, the time when a sample 

is received until the entry of a DNA profile into CODIS — from more than two years to fewer than 60 days. Read 

an abstract and access the full report at NIJ.gov, keyword: 238909. 

Developing an expert system: The University of North Texas Health Science Center developed an automated 

expert system for forensic mtDNA data analysis that improved the laboratory’s efficiency and speed. Read an 

abstract and access the full report at NIJ.gov, keyword: 239675. 

Process mapping: In response to a rising workload that was leading to backlogs, the Denver Police Department 

purchased software and hired an information technology project manager to improve its process-mapping 

capability. Along with simulation of the DNA analytical-process workflow, the new hire allowed the lab to identify 

areas for improvement, test new ideas, and increase the system’s performance. Read an abstract and access the 

full report at NIJ.gov, keyword: 240638. 

Separating sperm cells: The city of Oakland, California, developed an automated method (selective degradation 

using DNase I) to separate sperm from other cells in mixed samples; the new method worked as well as 

traditional methods but was faster. Read an abstract and access the full report at NIJ.gov, keyword: 242773. 

C. Using Social Science to Improve the Nation’s Response to Sexual Assault

For more than 20 years, NIJ has funded social science research to better understand the nature and causes 

of sexual violence, including what system responses are required. NIJ has also evaluated the effectiveness of 

prevention and intervention programs that are designed to reduce sexual violence. Here are just a few examples 

of NIJ-sponsored social science projects to help improve the nation’s response to sexual assault.

Decreasing case attrition: The attrition of sexual assault cases from the criminal justice system — that is, 

cases that drop out as they move from initial reporting to filing charges to prosecution — has been a nationwide 

concern for many years. NIJ has funded a number of studies that have improved our understanding of factors 

that contribute to case attrition. For example, researchers have studied victim, offender, victim advocacy, and 

case characteristics to identify best practices that can help decrease case attrition within law enforcement 

departments, including cross-agency collaborations among law enforcement, prosecutors, and victim assistance 

groups. Most recently, NIJ funded researchers from the University of Massachusetts Lowell (UM-Lowell) to 

replicate an earlier case-attrition study in Los Angeles. The study is looking at factors related to attrition of sexual 

assault cases at the law enforcement and prosecutorial levels across multiple jurisdictions and considers the 

role of sexual assault forensic evidence in case attrition. Read details about the grant to UM-Lowell at NIJ.gov, 

keyword: 2012-IJ-CX-0052.

Expanding time for evidence collection: In most jurisdictions, DNA is collected through a sexual assault 

forensic medical exam up to 72 hours after the assault. Recently, NIJ-funded researchers demonstrated that 

this period for recovery of viable biological evidence could be expanded; however, 93 percent of the subjects 

in that study were white. Therefore, researchers at the University of Alabama at Birmingham are now exploring 
34 Down the Road: Testing Evidence in Sexual Assaults

National Institute of Justice | NIJ.gov

the presence or absence of DNA at 4, 7, and 9 days after coitus to better understand factors that diminish or 

enhance the recovery of sperm in minority women. The study could help improve the reporting, practices, and 

prosecutions in sexual assaults where the victim is nonwhite, including delayed-reporting cases. Read details 

about the grant at NIJ.gov, keyword: 2014-NE-BX-0009.

Child cases: In an effort to improve the success of prosecutions, researchers from the University of 

Massachusetts are collaborating with prosecutors’ offices in several Massachusetts counties to study child 

abuse cases. Past studies have found that less than 10 percent of child sex abuse cases that are charged 

actually go to trial. The researchers are examining 500 child sex abuse cases over a five-year period to identify 

the characteristics of cases that are prosecuted and to determine what factors are associated with case 

attrition, including the frequency with which the child is required to testify at multiple hearings, confront the 

alleged perpetrator directly, and undergo cross-examination. Read details about the grant at NIJ.gov, keyword: 

2014-MU-MU-0001.

Secondary victimization of rape survivors: To better inform criminal justice practices and policies, it is 

important to understand how particular groups of people tend to react to sexual assault victims. Using the Social 

Reactions Questionnaire, researchers at the University of Denver are studying responses from (1) a victim’s 

social support system, such as her family, partner, or friends; (2) criminal justice-based personnel from law 

enforcement, system-based advocates, and prosecution; and (3) community-based victim service providers, 

such as rape crisis personnel, medical personnel, and counselors. The researchers will identify case and victim 

characteristics involving positive and negative social reactions, with a particular focus on potential secondary 

victimization of rape survivors. The researchers are also examining whether women from different racial or ethnic 

groups, sexual orientations, and socioeconomic statuses experience different social reactions. Read details about 

the grant at NIJ.gov, keyword: 2012-W9-BX-0049.

Evaluating the Sexual Assault Justice Initiative: Researchers at the RAND Corporation are evaluating eight 

sites that are implementing the Office on Violence Against Women (OVW)–funded Sexual Assault Justice Initiative 

(SAJI). SAJI is designed to improve how the justice system in general and prosecutors in particular handle 

sexual assault cases. Funded by NIJ in 2015, the researchers will look at case charging and judicial outcomes, 

victims’ perceptions of the process, and the costs and benefits of training and technical assistance. One of the 

significant features of the evaluation is that it is being designed in conjunction with OVW’s site selection and 

other strategic decision-making, a combination that should improve the success of case processing and offer 

important information about the effectiveness — and challenges — of using innovative measures of prosecutor 

performance in sexual assault cases. Read details about the grant at NIJ.gov, keyword: 2015-ZD-CX-K002.

Reviewing forensic evidence and prosecution: Building on earlier work, researchers from the University 

of Illinois at Chicago are studying the relationship between the existence of physical and forensic evidence in 

a sexual assault case and the subsequent arrest, filing of charges, and prosecution outcomes, including case 

dismissals, guilty pleas, convictions, and sentence length. Looking at a random sample of 300 cases that were 

filed in Boston, Massachusetts, between 2005 and 2011, the researchers are examining the probative value of 

specific types of biological evidence (e.g., sperm, blood), as well as whether Sexual Assault Nurse Examiners 

(SANEs) are more likely to retrieve physical and forensic evidence and whether that evidence is more probative 

than evidence collected by non-SANE medical providers. Read details about the grant at NIJ.gov, 

keyword: 2013-NE-BX-0005.
SPECIAL REPORT 35

National Institute of Justice | NIJ.gov

Detecting genital tears: Documenting tears and abrasions to a woman’s external genitalia can be an important 

part of the sexual assault forensic medical exam. In fact, the presence of injuries more than doubles the likelihood 

of a successful prosecution. But genital injuries experienced as a result of sexual assault are often small and 

difficult to see on visual examination, particularly when the victim has dark skin. Recently, researchers at the 

University of Virginia confirmed that a dye called fluorescein sodium permits the visualization of dermal tears and 

abrasions that are otherwise impossible to detect. In this current study, the researchers are determining whether 

fluorescein sodium dye may help document genital injuries in darker-skinned rape victims. Read details about the 

grant at NIJ.gov, keyword: 2013-NE-BX-0004.

Analyzing rape exams: Researchers at the Urban Institute, collaborating with the New York State Division of 

Criminal Justice Services, are studying 1,500 sexual assaults that occurred from 1997 to 2012 to determine 

what evidence and other case characteristics influence the proportion of cases that result in arrest and 

conviction, the identification of serial rapists, and the number of profiles entered into the state DNA database. 

The study, which focuses on the forensic medical exam, is expected to yield important information regarding 

evidence collection, investigation, and prosecution that could improve training and technical assistance for a 

wide range of practitioners who work on sexual assault cases. Read details about the grant at NIJ.gov, keyword: 

2013-NE-BX-0007.

Find more information on NIJ’s extensive sexual violence research portfolio — including findings related to 

the effectiveness of SANEs and Sexual Assault Response Teams in solving sexual assaults and improving case 

outcomes — at NIJ.gov, keywords: rape and sexual violence.


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SEXUAL ASSAULT KITS

Using Science to Find Solutions 

Explore how evidence in SAKs is used in solving sexual 

assault cases, including:

• Implications for victims

• Why many kits historically were not tested

• What policymakers and criminal justice professionals

should know

Learn more:

www.nij.gov/unsubmitted-kits