Massachusetts lags behind in catching up on rape kits

Local news

In 2021, the state delayed processing of thousands of previously untested sexual assault evidence collection kits.

A new report from the Massachusetts state auditor shows that the state police crime lab failed to review thousands of previously untested rape kits within 90 days of the takeover of a new law in 2021 that requires the lab to eliminate backlogged evidence.

State Auditor Diana DiZoglio’s Office conducted an audit of the Executive Office of Public Safety, which oversees the Massachusetts State Police Crime Lab, from July 2020 to October 2022. The audit focused on their processing of sexual assault evidence collection kits or rape kits.

“Sexual assault survivors already face many obstacles when coming forward to share their experiences,” DiZoglio said in a statement. “We have the tools to hold perpetrators accountable and help survivors, but unresolved delays minimize the injustices survivors experience and put others at risk of potential assault.”

The auditor’s office said it conducted a spot review of records and found deficiencies in the EOPSS system, including delays in assigning kits to local district attorneys’ offices and incorrect labeling of locations.

The audit found that in 2021, MSPCL failed to review 3,084 sexual assault evidence collection kits within the required 90-day time frame, representing nearly half of the previously untested kits. Some kits were not reviewed for 161 days.

Previously, the lab had a backlog of more than 6,000 previously untested kits, dating back decades. In Bristol County alone, more than 1,100 kits were never tested, but the testing ultimately led to arrests in multiple rape cases involving children dating back decades.

An EOPSS spokesperson in a statement said MSPCL is working on a backlog dating back decades and “appreciates the review undertaken by the auditor’s office and is carefully considering the recommendations to determine further action.”

“Massachusetts is a national leader in testing sexual assault evidence kits and is meeting an unprecedented 30-day turnaround time, compared to the national average of 90 to 120 days,” the spokesperson said.

Of the 35 records reviewed, the audit also found that EOPSS had failed to remove all personally identifiable information, including home addresses, of sexual assault victims in 11 records. In response, EOPSS said the information was never publicly available, the report said.

The audit also found that kits were not shipped to designated DA offices in a timely manner, and their online tracking system provided inaccurate test locations. The sole purpose of the audit, which EPOSS passed, was to complete quarterly reports required by the Legislature.

According to the latest report, as of March 31, 2024, 3,170 kits have been tested that were not previously tested.

“We will continue to work closely with our partners to deliver justice, support victims, strengthen law enforcement’s response to sexual assault and improve outcomes,” an EOPSS spokesperson said.