U.S. Department of Justice

Office of Justice Programs

National Institute of Justice

NATIONAL INSTITUTE OF JUSTICE

MARCH 2016 LESSONS LEARNED: SEXUAL ASSAULT KITS 

CREATING A PLAN TO 

TEST A LARGE NUMBER


OF SEXUAL ASSAULT KITS 
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): ©bogdanhoda/Shutterstock, Inc., ©Bonnie Jacobs/iStock LP, 

©Jose AS Reyes/iStock LP 
NATIONAL INSTITUTE OF JUSTICE
 

CREATING A PLAN TO 

TEST A LARGE NUMBER
 


OF SEXUAL ASSAULT KITS 

NCJ 249234 

Creating a Plan to Test a Large Number of Sexual Assault Kits 1 

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 

 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. 

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. 

One such response was developing a plan for testing a 

large number of previously untested kits. Here are 14 

lessons that the team learned in the Detroit project: 

 1 Bring everyone to the table. regarding previously untested

One of the advantages of forming a multidisciplinary 

team to plan and execute an audit of previously 

untested SAKs is that the same individuals or 

organizations are well-positioned to guide the 

development of a testing plan. (See companion 

brochures, Forming an Action-Research Team to 

Address Sexual Assault Cases and Performing an Audit 

of Sexual Assault Evidence in Police Custody.) If the 

audit, or census, was completed without the guidance of a multidisciplinary team, it 

is crucial to form one for the testing phase. Testing evidence in sexual assault cases 

raises complex legal, psychological and evidentiary issues — and having a team with 

representatives from the police department, prosecution, forensic sciences, medicine 

and both systems-based and community-based advocacy will help ensure that the 

testing plan considers diverse perspectives. 

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

2 Discuss the purpose and utility of testing.
 

Explore each team member’s thoughts about the purpose and value of SAK testing. 

Be aware that opinions are likely to be deeply rooted in each person’s profession and 

their discipline’s roles in — and responsibilities to — society. For example, people 

may believe that: 

• Testing is most useful in “stranger” cases in which the identity of the suspect is 

unknown. 

• Testing is less useful in “non-stranger” cases because the identity of the suspect is 

already known. 

• Testing is useful in non-stranger cases to identify patterns of serial assaults. 

• To conserve limited resources, cases in which the statute of limitations (SOL) has 

expired should not be tested. 

• Cases in which the SOL has expired should be tested because a “hit” in the FBI’s 

Combined DNA Index System (CODIS) might link to a current case. 

It is not necessary to come to complete agreement on every issue; the team may 

“agree to disagree” on some issues and still move forward. 

3 Testing ‘all’ versus ‘some.’ 

The decision to test all — or only some — previously untested SAKs will likely 

be influenced by ideological and practical factors: Ideologically, team members or 

policymakers may believe that all kits should be tested; practically, however, the 

decision may have to be based on resources. If the decision is made to test all kits — 

sometimes referred to as the “forklift” approach — it can be helpful to “start small.” 

Going through the entire process with even as few as 10 kits as a pilot project can 

inform a larger testing plan. 

4 Funding and resource availability. 

The number of SAKs that a jurisdiction will be able to test in the immediate or near 

future will depend on the availability of resources. When thinking about a longer 

term testing plan, however, a jurisdiction may have to apply for grants or engage in 

fundraising. 

National Institute of Justice | NIJ.gov 
Creating a Plan to Test a Large Number of Sexual Assault Kits 3 

5 Talking about language: What should we call it? 

Unless the decision is made to test all kits, the team will have to decide which kits 

will be tested and in what order. Here, language matters a great deal. Words like 

‘prioritize,’ ‘triage,’ ‘select,’ ‘tier,’ and ‘sample’ are likely to have different meanings 

to different stakeholders. The term ‘prioritize,’ for example, may imply that kits will 

be processed in a particular order based on their probative value. To help avoid later 

misunderstandings, have explicit conversations about the terms that are going to be 

used to describe the process that the jurisdiction is embarking on. 

6 Develop a process for selecting which SAKs 

will be tested. 

If it is not possible to send all SAKs for testing at the same time, a process must be 

developed for selecting which kits will be tested and in what general order. Here are 

three possible strategies: 

• Select randomly; this approach could be good when starting small (see No. 3, above). 

• Select after a thorough review of all case material and records. 

• Select based on a shorter list of criteria that are readily available, such as when the 

statute of limitations expires (see No. 7, below). 

Regardless of how the SAKs will be selected for testing, it is important to document 

the decision-making guidelines. 

7 Using the statute of limitations as a selection 

criterion. 

The statute of limitations (SOL) is the time period during which criminal charges 

can be filed. Because the SOL can vary depending on the nature of the crime, there 

could be multiple SOL “cutoff” dates for an individual kit. The number of cases that 

will need to be reviewed and the availability of resources may determine whether a 

jurisdiction employs more sensitive criteria for testing — for example, if [this] exists 

and [that] exists, the cutoff date for selecting kits to test will be [date] — or whether 

there is a single across-the-board cutoff date. 

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

8 Budget sufficient time and resources for 

selecting SAKs. 

As noted above, starting small can help develop estimates of how long it will take to 

identify SAKs for testing, based on the selection criteria. In the NIJ-sponsored project 

in Detroit, for example, selection of 1,600 SAKs for testing was based on three 

criteria: adjudication status, victim-offender relationship, and statute of limitations — 

and it took approximately 2,958 staff-hours to review records to determine testing 

eligibility. It is also crucial to budget for the time it will take to test the SAKs, review 

the testing results, and upload eligible profiles into CODIS. 

9 Budget extra time for older kits. 

Older SAKs may require extra time to prepare for testing and shipping due to peeling 

labels, missing labels, and re-sealing or re-packaging. Extra time may also be needed 

for forensic science staff to review older kits and address any issues that must be 

resolved before the laboratory can accept them for testing. (See another brochure in 

this series, Performing an Audit of Sexual Assault Evidence in Police Custody, for more 

information.) 

10 Track and share testing results. 

It is helpful to track the testing results and share those results with the full 

multidisciplinary team. Although certain case-specific results may not be appropriate 

to share widely, aggregate data may be useful to the team for tracking CODIS hits and 

the nature of those hits, such as case-to-case serial offenders. 

National Institute of Justice | NIJ.gov 
Creating a Plan to Test a Large Number of Sexual Assault Kits 5 

11 What happens after testing? 

Develop a plan for what happens after testing; again, starting small could help 

develop a solid plan. Here are some key issues to consider: 

• Who should be informed of testing results? 

• How will post-testing investigations be performed? 

• How will case-to-case CODIS hits be handled? 

• How will current casework be handled as older cases are reopened? 

• How can the process be made flexible enough to respond to time-sensitive issues? 

12 Expect the unexpected when testing results 

start coming in. 

Given the limited empirical research on the issue of a large number of previously 

untested SAKs, it may be difficult to know whether testing results are typical or 

atypical. Consider reaching out to other jurisdictions that have tackled the issue to 

compare findings and strategize solutions. 

13 Re-examine local policies and state statutes 

regarding evidence retention. 

Although reviewing existing SAK-testing procedures may be controversial, it is 

possible that jurisdictions may want to make immediate changes to their testing 

policies. It is important to revisit testing policies regularly as new information and 

insights develop during the process. Pay special attention to selection criteria, 

as these may turn out to be not as clear-cut or as easy to enforce as originally 

envisioned. 

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

14 Consider whether legislative changes are 

necessary. 

The process of testing a large number of previously untested SAKs may suggest 

legislative changes, including, for example, requirements for mandatory SAK testing, 

timelines for submission to the lab and testing, and tracking mechanisms. 

National Institute of Justice | NIJ.gov 
Creating a Plan to Test a Large Number of Sexual Assault Kits 7 

Other Brochures in This Series 

Notifying Sexual Assault Victims After Testing Evidence 

Forming an Action-Research Team to Address Sexual Assault Cases 

Performing an Audit of Sexual Assault Evidence in Police Custody 

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. 
	 

	 

	 


 

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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. 

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

*NCJ~249234*