A backlog of sexual assault test kits in Austin sparks outrage and new policies
Earlier this year, over 4,400 sexual assault test kits sat untested on storage shelves at the Austin Police Department. While this backlog raised concerns, APD contends that it was not entirely a result of negligence on their part but is reflective of a broader issue affecting sexual assault cases nationwide.
“Testing like this requires bandwidth and time and money, and so I know we always feel an obligation to be conservators of money,” Lieutenant Chris LeLeux, who heads APD’s sex crimes unit and domestic violence unit, said. “If we need to do it, we will do it, and we won't hesitate. But if it's not going to advance the case, then we don't.”
In 2021, the APD faced lawsuits alleging mishandling of sexual assault evidence and a failure to prosecute perpetrators. Specifically, the backlog of untested sexual assault kits became a major point of criticism. In response, the department launched a multi-million-dollar initiative aimed at addressing these systemic issues and improving the processing of sexual assault cases. This initiative included the creation of the Collective Sex Crimes Response Model (CSCRM), a task force led by community advocates, which aimed to improve how sexual assault cases were managed in Austin. Further support came from a Sexual Assault Kit Initiative (SAKI) grant, which, in 2023, awarded the Texas Department of Public Safety $1.5 million to investigate and prosecute cold case sexual assaults in Texas. The legislative environment also evolved to address these issues. Texas House Bill 8, passed in 2019, mandated that law enforcement agencies submit rape kits to a lab within 30 days of receipt, required audits of untested kits, and extended the statute of limitations for sexual assault cases.
Elizabeth Morris, Senior Case Management Coordinator with APD's Forensic Science Department, explained that not all 4,400 kits in the reported backlog required further testing. Many had already been tested and needed review to ensure they were up to current technology standards. She said that closures at the APD forensic lab due to accreditation issues also exacerbated the backlog. Only about 2,000 to 3,000 kits actually required further testing, Morris said.
One major challenge was that in many cases, the suspect's identity and the fact that they had sex with the victim were not in question, said LeLeux. Instead, the investigation was contingent upon disproving consent, which a test kit cannot address.
“Unfortunately, one of the big problems systemically across the country is very few rapists are convicted of a sexual assault, and so that, I think, in my mind, I'm confident that many of the kits probably accumulated because … many of our cases are just trying to disprove the non consent,” LeLeux said.
LeLeux also highlighted that many survivors withdraw from the process, either because their assaults go unreported or because they choose not to continue after initiating a report.
There were, though, some instances of mishandled kits. Some test kits were stored in coolers meant to preserve the evidence, but when the coolers failed, mold grew on the kits. However, Morris clarified that this only affected a small portion of the kits, and their DNA profiles were still obtainable after testing.
At an APD Commission for Women meeting on Oct. 2, CSCRM Project Manager and Consultant Hanna Senko, a sexual assault survivor who was previously in suit with the APD, explained the task force’s goals for the next fiscal year and what aspects still need development. The CSCRM includes representatives from APD, the Sexual Assault Response and Resource Team (SARRT), nonprofit organizations, and survivor advocates.
Senko mentioned that nurses and funding were identified to be part of the issues leading to the backlog.
“We're identifying, is it funding? Is it the nurses? And we're finding that it is both. We do have another meeting that is coming out Oct. 11, and this group constitutes the some CSCRM and members we also have safe at the table, our APD partners, Travis County Sheriff's Office, the district attorney, because it affects everything from serving that survivor at that moment all the way up to prosecution. So we are actively looking for solutions,” Senko said.
The task force is also working to improve data collection, particularly around demographic information and drug or alcohol facilitation in sexual assaults. Engaging populations at risk of marginalization has been another challenge.
“We want to be able to engage additional members in that space, in the project work, but also ensure that we're able to reach them from a place of ensuring that resources are available to them for sex crimes,” Senko said.
Two key developments have been the establishment of an online tracking system that allows survivors to see the status of their test kits and a hiring of a counseling team that works with survivors to support them throughout the investigation process.
“Keep in mind that not unique to APD, but I wish this were more present and utilized in other departments, is our victim services. We have like five counselors assigned to the crimes unit, and they often have contact with the survivor, and they're giving them the support and the wraparound services or referrals to them, and actually providing counseling. And then we have them make contact because they're just better. They're better trained and better than we are at speaking with the victims and about these really tough and challenging topics and revelations and updates.”
The online tracking allows victims to see where in the process of testing their kit is.
While LeLeux says that the APD’s number of convictions may be a bit higher, prosecution is the team that handles the data and they often are unresponsive or evasive when contacted by APD. Staffing issues at the district attorney’s office as part of the reason they struggle with their handling of sexual assault cases, LeLeux said. Prosecution is where the mishandling of a majority of these cases comes in, he said.
“But people kind of saw (the test kits) as a panacea… And people are seeing that that's not happening,” LeLeux said. “The choke point came somewhere else downstream in the criminal justice system.”
Moving forward, the APD is committed to testing all sexual assault kits within 30 days of receiving them, as required by House Bill 8 in 2019.
“Now we have the requirement and the understanding that all kits are going to be tested. So every kit comes in and is sent to the lab within 30 days, and we have a result within 90 days. It's definitely equitable in terms of that, because there is no decision made, really any eligible kit is tested. So then it falls back on the investigation and the laws and the district attorney's office. Now, we'll never have a question again whether this kit should have been tested, there's no gray area, it is tested.”
However, the cost of processing these kits is substantial. Each kit costs around $2,000, with DNA testing alone costing $1,500, and more complex analyses reaching up to $5,000. This makes securing adequate funding critical to sustaining these efforts, especially as APD balances its general and grant funding to cover the expenses.
“It is well known that sexual assault survivors face an uphill battle in being believed, supported, and provided access to justice in our current criminal justice systems. Austin is striving to change that and while progress has been made, our work is far from being complete. We stand united and resolved as leaders in the community to continue efforts to improve all pathways to healing and justice for survivors of sexual assault while holding offenders accountable,” said a statement SAFE released about the mishandlings of sexual assault exam kits that they co-signed with the SARRT.
