New Jersey is one of 10 states without a permanent rape kit tracking system. This may change soon.

Victims of sexual assault often report spending years anxiously waiting for updates on their cases.

But now victims in New Jersey are on the verge of being able to track their evidence kits through the supply chain under a bill that would require the state attorney general to establish a statewide system for tracking rape evidence kits. Lawmakers and victims’ rights groups say the bill, if signed by Gov. Phil Murphy, would help bring more accountability and transparency to the criminal justice system.

They say New Jersey is one of only 10 states that does not have a system for tracking rape kits End the backlogprogram of the non-profit support group Joyful Heart Foundation. Although the Office of the Attorney General is currently implementing a kit tracking system through a federal grant, these funds will eventually run out. Sponsors Bill it stated that it would codify such a system into law and ensure its existence for many years.

“When a survivor of sexual assault bravely decides to come forward, report the crime and ask for a kit of evidence, our state has an obligation to ensure that that kit is processed as quickly as possible,” said General Assemblywoman Michele Matsikoudis, one of the main sponsors of the bill.

“Creating a tracking system will help provide much-needed transparency and enable survivors to advocate for themselves and obtain the evidence necessary to successfully prosecute perpetrators in a timely manner,” said Matsikoudis, a Republican who represents parts of Morris, Somerset and Union.

At least 40 states and the District of Columbia have implemented a forensic sexual assault evidence (SAFE) tracking system. These online systems enable individuals – including victims, law enforcement, hospital or laboratory staff – to track the kit from collection at a health care facility to handing it over to a local law enforcement agency and sending it to the appropriate laboratory for processing, testing, and final disposal.

Without a SAFE kit tracking system, victims must wait for law enforcement to contact them with updates or seek information from the appropriate personnel themselves, which is easier said than done. According to victims’ rights advocates, it is not always clear where victims can look for information.

“When survivors don’t know something, it takes an emotional toll and a sense of hopelessness. So any change that could provide survivors with more options and information than before would be a critical tool in helping us continue to support survivors in the state of New Jersey,” said Solange Ramkissoon, survivor services specialist at the Center New Jersey Coalition Against Sexual Violencestatewide advocacy organization.

Because sexual assault can often make victims feel they have lost a sense of control, Ramkissoon said it is crucial to ensure that people can independently and privately access information about the case on their own timeline.

“This is extremely important because it allows survivors to use the system and benefit from real-time information that would otherwise be very difficult to obtain, without having to call on specific personnel to retrieve it for them,” Ramkissoon said.

According to data published nationwide, approximately 1 in 6 women and 1 in 33 men have been victims of attempted or completed sexual violence in their lifetime. National Rape, Molestation and Incest Network. If a victim of sexual assault agrees to a physical examination, a collection kit is created to collect physical evidence left behind after the assault. Once compiled, the kit is sent to law enforcement for DNA testing, which can then be used to charge the attacker.

According to victims’ rights advocates, many victims of sexual violence wait years to have evidence from the worst day of their lives reviewed. We currently have a nationwide backlog of rape kits. End the Backlog It is estimated that there are still 100,000 untested rape kits in the United States that have yet to be discovered.

The extent of the backlog of rape kits in New Jersey is unclear. In fact, advocates and government officials seem to disagree on whether it even exists. The Office of the Attorney General did not directly address the dispute over whether it had a SAFE kit backlog, but a spokesman said: “Attorney General Matthew J. Platkin has prioritized implementing survivor-centered and trauma-informed policies to support survivors of violent crime. sexual.”

“Issued several directives changing sexual assault response practices in New Jersey – including one that requires all SAFE kits for which the victim consents to transfer to law enforcement be submitted to a crime lab for testing, and the lab forensics notified the Director of the Division of Criminal Justice and the New Jersey State Police Regional Operations and Intelligence Center within seven business days if SAFE kit test results submitted to the Combined DNA Index System (CODIS) indicate a match to more than one crime of sexual violence,” said Tara Oliver, public information officer for the Office of the Attorney General.

End Backlog estimates there are 1,208 untested rape kits in New Jersey. Last year, News 12 New Jersey analyzed three years of data on the state’s canola kit inventory and reportedly found 2,092 canola kits that had not been tested in the state between 2020 and 2022.

2019 report the state auditor found there was no backlog, however the audit found that thousands of kits had not been tested for various reasons. The auditor also found “weaknesses in the tracking of SAFE kits,” citing “inconsistent policies and procedures used by different enforcement agencies.”

The fact that thousands of kits have not been tested is not necessarily a nefarious thing. The SAFE kit cannot be submitted to forensic laboratories for various reasons. After receiving the secure kit, the victim decides whether to turn it over to law enforcement or keep it. A collected kit becomes a “holding kit” when a victim chooses not to report the incident to law enforcement for investigation, opting instead to keep their kit for at least 20 years in accordance with state law.

Following the 2019 audit report, Gov. Phil Murphy signed a new bill directing the Attorney General and the New Jersey Coalition Against Sexual Assault to join forces to investigate how the state deals with rape kits. The Attorney General’s SAFE Kit Survey, released in 2023, shows that at any given time, a total of 11,966 identifiable kits were collected in the possession of law enforcement agencies across the state.

It’s unclear exactly how many SAFE kits were still waiting to be tested. Forensic nurses reported 2,158 retention kits, district attorneys reported 1,968 retention kits, and 33 law enforcement agencies reported a total of 140 retention kits. The survey results were limited because not all agencies responded, and those that did respond responded between June 2021 and June 2022.

In 2024, the Office of the Attorney General announced that it has secured a $2 million federal grant to fund the establishment of a statewide SAFE kit tracking system, support the modernization of evidence storage facilities, and improve survivors’ access to information about the status of their SAFE kits. However, the grant does not guarantee that the tracking program will last forever

According to A., the annual costs of the permanent program are unclear for now fiscal estimate prepared by the state Office of Legislative Services.

The bill, which passed the Senate and Assembly unanimously last year, is nearing completion Governor Phil Murphydesk.

“I sincerely hope that the governor will sign this bill as soon as possible to launch the tracking system and provide survivors with greater clarity and transparency in the process of seeking justice,” Matsikoudis said.

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Jacek Roman you can arrive at [email protected].