U.S. Department of Justice

Office of Justice Programs

National Institute of Justice

NATIONAL INSTITUTE OF JUSTICE

MARCH 2016 LESSONS LEARNED: SEXUAL ASSAULT KITS 

PERFORMING AN AUDIT OF 

SEXUAL ASSAULT EVIDENCE
 

IN POLICE CUSTODY 
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. 

NIJ 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 (SMART). 

Opinions or points of view expressed in this document are those of the authors and do 

not reflect the official position of the U.S. Department of Justice. 

Photo Sources (front): ©Leah-Anne Thompson/Shutterstock, Inc., ©Bonnie Jacobs/ 

iStock LP, ©Jose AS Reyes/iStock LP 
NATIONAL INSTITUTE OF JUSTICE
 

PERFORMING AN AUDIT OF 

SEXUAL ASSAULT EVIDENCE
 

IN POLICE CUSTODY 

NCJ 249233 

 

 1

Performing an Audit of Sexual Assault Evidence in Police Custody 1 

Many jurisdictions across the country are looking at the issue of sexual 

assault evidence that has not been submitted to a crime lab for testing. 

As part of an NIJ-supported project, the Wayne County (Detroit), Mich., 

Prosecutor’s Office formed a multidisciplinary team to address the issue. 

On the team were practitioners who deal with sexual assaults every day — police 


officers, crime lab analysts, prosecutors and victim advocates — as well as social 


science researchers from Michigan State University (MSU). 


The MSU researchers were led by Rebecca Campbell, Ph.D., a nationally recognized 

expert on sexual assault. Dr. Campbell’s work with the Detroit multidisciplinary team 

followed an “action-research” model. First, the team 

worked collaboratively to understand the scope of the 

issue: How many sexual assault kits (SAKs) in police 

custody had never been sent to a crime lab for testing, 

and how and why did the problem develop? Then, the 

team identified effective, sustainable responses. 

To determine how many unsubmitted kits there were, 


the team conducted an audit, or census, of all SAKs 


to determine which had been tested and which had 


not. Such an audit may be necessary in jurisdictions 


where evidence-tracking databases are insufficient.
 

Here are 16 lessons learned by the Detroit team:
 

In 2011, after a competitive selection 

process, the National Institute of Justice 

awarded grants to the Wayne County 

(Detroit), Mich., Prosecutor’s Office and to 

the Houston Police Department to look at 

the issue of sexual assault kits (SAKs) that 

had not previously been sent to a crime 

laboratory for DNA testing. 

The overarching goal of this project was to 

identify effective, sustainable responses 

regarding previously untested SAKs. 

This brochure — one in a series of four — 

is derived from lessons learned during 

the project in Detroit. We hope that the 

brochures assist other jurisdictions that are 

addressing the issue of previously untested 

SAKs. 

1 Bring everyone to the table. 

A review of SAKs will raise complex legal, 

psychological and evidentiary issues. Having a broadbased multidisciplinary team will ensure that diverse 

perspectives are considered at every stage of the 

process. Consider including representatives from: 

• Police. 

• Prosecution. 

• Forensic sciences. 

• Medicine (nursing). 

• Systems-based advocacy. 

• Community-based advocacy. 

National Institute of Justice | NIJ.gov 
2 Lessons Learned: Sexual Assault Kits 

2 Formulate goals. 

Establish the goals of the project at the beginning to help streamline the process and 

save staff time. Narrowly defined goals might include simply determining the number 

of unsubmitted SAKs. More expansive goals might focus on determining the number 

of SAKs and a review of each kit to gather information regarding the statute of 

limitations, the potential for prosecution, and other complex issues. 

3 Clarify language and agree on terms to be used. 

Miscommunication during planning for and conducting an audit of SAKs can be 

alleviated if team members are consistent and precise in their language. Here are 

some terms to consider: 

• Submitted = The SAK was submitted to a laboratory for testing. 

•	 Tested = Evidence in the SAK was tested and, for older kits, whether such testing 

included DNA analysis. 

•	 Adjudicated = Whether the case associated with the SAK has been adjudicated (a 

conviction or plea or other judicial disposition); this should be cross-checked with 

testing status, as some cases may have been adjudicated without testing evidence 

in the kit. 

•	 Backlogged = The SAK was submitted to a laboratory, but is still in queue at the lab 

to be tested. 

4 Find all the locations where SAKs are stored. 

To obtain an accurate count of all unsubmitted SAKs, the team must identify every 

possible location where the kits could be found, including, for example: 

• Police property storage rooms/facilities, including precinct offices. 

• Police property overflow storage. 

• Specialized storage cold rooms. 

• Hospital emergency rooms. 

• Sexual Assault Nurse Examiner (SANE) programs. 

National Institute of Justice | NIJ.gov 
Performing an Audit of Sexual Assault Evidence in Police Custody 3 

5 Find out what information is computerized . . . 

and what’s not. 

If the sexual assault kits date back many years — or if the law enforcement 

agency has been under-resourced for many years — some records may not be 

computerized. Determine which organizations maintain which databases, what 

information is already shared between organizations, and what information that is not 

currently shared could be shared with others. 

6 Loop in IT support. 

Depending on what information is computerized, the role of Information Technology 

(IT) staff may vary. At a minimum, it is likely the team will need help cross-checking 

and merging files and fields. 

7 Start small. 

Review a small number of kits as a pilot project. Looking at as few as 10 SAKs, for 

example, will help the team clarify goals, identify available resources, determine what 

information is hard to track down, and gauge what resources and staffing will be 

necessary in the future. Take one SAK and walk it through — from start to finish — 

to answer questions such as: 

• What information is on the outside of the kit (the box) — and should it be included 

in the database? 

• What other information (based on predetermined goals) needs to be tracked down 

— and where will this information be found? 

• What records exist that are related to the SAK/case — and, based on information in 

these records, should additional fields be added to the central database? 

• How many staff hours went into “walking through” each SAK or case? 

National Institute of Justice | NIJ.gov 
4 Lessons Learned: Sexual Assault Kits 

8 Touch it once. 

Develop a work-flow process that streamlines effort and saves time. To prevent 

backtracking and duplicative efforts, touch each SAK only once. 

9 Develop a central database. 

A database that is shared by and accessible to all organizations represented on the 

team can help ensure that everyone can see the same information and that efforts 

are not duplicated. If possible, all information should be entered directly into the 

database rather than recorded first on hard copies. 

10 Evaluate available resources and develop a 

staffing plan. 

The “start small” pilot project should provide information about staff requirements to 

conduct the audit. The team should develop a timeline for completion of the audit and 

draw upon staff from multiple organizations to reach this goal. 

11 Remember that it’s all about the details. 

The audit might involve physically retrieving each SAK from police property so that 

information on the kits can be recorded. Keep these key logistical details in mind: 

• Training and supervising the staff or volunteers who will be handling the kits. 

• Developing procedures for retrieving the kits from — and returning them to — the 

property or evidence room. 

• Finding the physical space to review the kits. 

• Securing computer access to enter info directly into the database. 

• Providing supplies, such as masks and gloves, for staff and volunteers. 

• Maintaining proper chain-of-custody and police-property procedures, which may 

require having police or forensic staff present. 

National Institute of Justice | NIJ.gov 
Performing an Audit of Sexual Assault Evidence in Police Custody 5 

12 Support the staff and volunteers. 

Develop a staffing plan that allows for rotated duties, scheduled breaks, and 

resources to help staff who may experience vicarious trauma. It’s important to 

address the issues of burnout and vicarious trauma in ways that don’t single out 

individuals or make them feel isolated. 

13 Once the audit is completed, expect that the 

final count may be controversial. 

There will be disagreements and challenges regarding the results of the audit. To help 

minimize these, it is important to have multidisciplinary input throughout the process. 

14 Re-examine local policies and state statutes 

regarding evidence retention. 

An audit will help a jurisdiction gauge the amount of evidence in its possession and 

provide details about the nature of that evidence. It may be helpful to review local 

policies regarding evidence retention and state statutes to explore whether policy or 

legislative changes may be warranted. 

15 Prepare for media inquiries and public scrutiny. 

Develop a media plan that is capable of managing queries and requests and that 

promotes transparency while also protecting the integrity of the audit process. It is 

suggested that jurisdictions wait to release the findings until they are complete. 

Be aware that the “final count” may not be 

“final.” 

Even after the audit has been finalized, it is possible that more information will 

become available that requires adjusting the numbers. For example, more SAKs may 

be discovered or, after the kits are submitted to and opened at the lab, the evidence 

inside may not be sexual assault-related evidence. 

National Institute of Justice | NIJ.gov 

16 
6 Lessons Learned: Sexual Assault Kits 

Other Brochures in This Series 

Notifying Sexual Assault Victims After Testing Evidence 

Forming an Action-Research Team to Address Sexual Assault Cases 

Creating a Plan to Test a Large Number of Sexual Assault Kits 

For More Information 

See an interactive Web page on using evidence in sexual assault kits: 


http://NIJ.gov/unsubmitted-kits/pages/default.aspx
 

Learn more about the Detroit project: https://www.NCJRS.gov (keyword: 248680)
 

Learn more about the Houston project: http://www.HoustonSAKResearch.org
 

Learn more about the issue of untested evidence in sexual assault cases: 


http://www.NIJ.gov (keyword: untested evidence in sexual assault cases) 

National Institute of Justice | NIJ.gov 



Learn more about sexual assault investigations, including understanding 

the neurobiology of sexual assault and a partnership formed by NIJ and 

the FBI to help address the issue of unsubmitted evidence in sexual 

assault cases. 

Visit NIJ.gov, keyword: sexual assault investigations 

Or join the conversation on social media: 

Follow us on twitter.com/OJPNIJ
 

Like us on facebook.com/OJPNIJ
 
Acknowledgments 

One of the National Institute of Justice’s requirements in the Detroit and Houston 

projects was that multidisciplinary teams had to be involved in every step along 

the way. We thank the team members for their extraordinary commitment to these 

projects and for their role in improving the administration of justice in the United 

States. 

The Detroit team: 

• Michigan State University* 

• Wayne County Prosecutor’s Office 

• Detroit Police Department 

• WC Safe 

• YWCA Interim House 

• Michigan State Police 

• Michigan Domestic Violence 

Prevention and Treatment Board 

• Joyful Heart Foundation 

• Michigan Prosecuting Attorneys 

Association 

The Houston team: 

• Sam Houston State University 

• The University of Texas at Austin 

• Houston Forensic Science Center 

• Houston Police Department 

• Houston Area Women’s Center 

• Memorial Hermann Health System 

• Harris Health System 

• Harris County District Attorney’s 

Office 

*NIJ wishes to acknowledge Dr. Rebecca Campbell who wrote the final report from 

which content in this brochure is derived. 

Photo Sources (back): HTV Television, HTV Television, HTV Television, ©Yaroslava 

Koziy/Shutterstock, Inc. 
U.S. Department of Justice 

Office of Justice Programs 

National Institute of Justice 

8660 Cherry Lane 

Laurel, MD 20707-4651 

PRESORTED STANDARD
 

POSTAGE & FEES PAID
 

DOJ/NIJ/GPO
 

PERMIT NO. G – 26
 

Official Business 

Penalty for Private Use $300 

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. 

Visit www.nij.gov/unsubmitted-kits to learn more. 

*NCJ~249233*