California Sexual Assault Survivors Can Now Track Status of Rape Kits Via Online Portal

California Sexual Assault Survivors Can Now Track Status of Rape Kits Via Online Portal

Nov 2, 2022

A new website launched Tuesday allows survivors of sexual assault to track the status of medical exams conducted through DNA forensic rape kits. The online portal – KitStatus – is hosted by the California Department of Justice and allows survivors to search for the results of DNA rape kits completed after 2018, per a Los Angeles Times report.

The California rape kit tracking portal was initiated in response to “widespread complaints about wait times due to backlogged cases at local police departments,” according to the Los Angeles Times.

The new DNA forensic exam tracking website is a result of legislation known as California State Bill 215 (SB 215). The bill was authored by Senator Connie Leyva and signed into law in 2021 by Governor Gavin Newsom.

“After they have already been sexually assaulted – and after they have bravely endured a long and invasive rape kit exam – it is crucial that we enable survivors to track the status of their rape kit securely whenever they wish,” Leyva said, according to the Los Angeles Times.

California Attorney General Rob Bonta issued a statement Tuesday noting that the new DNA rape kit portal, as well as a state-appointed coordinator of the program, will help clear local backlogs and “ensure timely processing” of evidence in sexual assault cases.

“My office is committed to doing everything in our power to support survivors, reduce harm and secure justice,” Bonta said. “That’s exactly what the new actions we’re announcing today are all about – increasing access to the information to which survivors are entitled under the law and supporting our local partners in their efforts to process sexual assault evidence.”

Bonta’s office also noted that the site is secure and that users must have a DNA rape kit number to properly access their data.

The California DNA rape kit portal does include any personally identifiable information of survivors, Bonta confirmed. Such safeguards were put in place in an effort to protect against “potential misuse,” the attorney general said.

The California Department of Justice (DOJ) website notes the following:

• The new portal provides information on the location and status of sexual assault kits.
• Survivors of sexual assault can now access information regarding their kit privately, securely, and electronically.

For sexual assault survivors whose DNA rape kits were collected prior to January 1, 2018, the California DOJ recommends contacting the local law enforcement agency investigating one’s case.

California’s DNA Rape Kit Backlog

A 2020 report by the California State Attorney General’s Office found that almost 14,000 sexual assault exam kits remained untested.

In 2021, Dordulian Law Group published a blog detailing the nationwide epidemic of backlogged and untested rape kits. Said backlog was highlighted in HBO’s documentary – “I Am Evidence.”

The 2017 film noted various major cities with rape kit backlog issues:

• Memphis (more than 12,000 untested kits)
• Louisville (roughly 4,700 untested kits)
• San Diego (nearly 3,000 untested kits)
• Colorado (6,283 untested kits)
• Texas (over 20,000 untested kits)

“I Am Evidence” estimated the total number of untested DNA rape kits nationwide to be approximately 400,000.

Orange County Clears DNA Sexual Assault Kit Backlog

In August, the Orange County District Attorney’s Office announced that law enforcement officials had cleared its backlog of hundreds of rape kits. As a result, criminal charges were filed in six cold cases.

“Every one of these untested sexual assault kits represents a victim who deserves justice,” Orange County District Attorney Todd Spitzer said in a statement.

“By clearing the backlog, we fulfilled a promise to every victim of sexual assault that the Orange County District Attorney’s Office will never stop fighting for victims and we will never stop fighting for justice,” Spitzer added.

The oldest untested DNA sexual assault kit reportedly dated back to 1977.

EndtheBacklog.org Website as a Resource for Sexual Assault Survivors

Endthebacklog.org, an initiative of the Joyful Heart Foundation non-profit, is another resource for survivors of sexual assault. The site aims to expand the national dialogue on rape kit testing through increased public awareness, engage communities and government agencies and officials, and advocate for comprehensive rape kit reform legislation and policies at the local, state, and federal levels.

What is a DNA Rape Kit or SANE (Sexual Assault Nurse Examiner) Exam?

DNA rape kit collections are typically conducted by specially trained medical professionals known as Sexual Assault Nurse Examiners (SANE). The process of gathering evidence through a DNA rape kit can unfortunately be quite invasive, although it can also be extremely helpful when proceeding with either criminal or civil litigation against a perpetrator.

The process of gathering DNA evidence through a rape kit may involve taking samples from the body, clothing, and any other physical items that may have been with the victim at the time of the sexual assault.

According to the EndtheBacklog.org, the following items can be found within most rape kits:

• Documentation forms and detailed instructions for the nurse examiner
• Glass slides
• Bags and paper sheets where the survivor can undress so that hairs/fibers may be collected
• A comb
• Envelopes
• Containers and vials for collecting blood and urine samples
• Swabs for biological evidence gathering
• Dental floss
• Wooden sticks or metal instruments for fingernail scrapings
• Sterile water and saline
• Official forms for documenting the procedure and all evidence gathered

EndtheBacklog.org also confirms that research indicates facilities with trained examiners “significantly increase evidence collection and investigation in sexual assault cases, which results in significantly higher prosecution rates.” Further, EndtheBacklog.org asserts that SANEs and SAFEs are specially trained to conduct rape kit exams that are “sensitive, dignified, and reduce trauma.”

Sexual Assault Survivors Face an Average of $3,500 in Medical Bills for DNA Rape Kit Exams

Although the new California DNA rape kit tracking portal is a welcome resource for sexual assault survivors, the issue of medical costs for such exams is something that legislators should also address.

A recent study published in the New England Journal of Medicine – Uncovered Medical Bills After Sexual Assault – confirmed some troubling findings relative to the costs incurred by sexual assault survivors simply for obtaining a DNA rape kit.

The study looked at 112,844 emergency department visit records linked to sexual assault.

Among the survivors who sought treatment:

• 88% were women
• The majority, 53%, were between 18 and 44 years old
• 38% were between 0 and 17

The Uncovered Medical Bills After Sexual Assault study confirmed the following:

• On average, hospital emergency departments charged $3,551 for urgent medical care coded as “caused by sexual violence.”
• People who were sexually assaulted while pregnant faced higher bills, with an average of $4,553.
• Uninsured victims or those who chose to pay out-of-pocket were issued bills that averaged $3,673.

Survivors with private insurance who sought DNA rape kits also experienced considerable expenses:

• Insured victims paid an average of 14% of their bills out of pocket.
• For the average sexual assault hospital bill, that would work out to nearly $500.

“Emergency department charges may discourage the reporting of rape and seeking of medical care for both short-term and long-term sequelae of sexual assault,” the study’s authors indicated. “Incurring such charges may further harm survivors – even those with full insurance coverage – by serving to disclose a potentially stigmatizing event to parents, partners, or employers. Moreover, such bills may further traumatize survivors by suggesting that they are personally responsible for their assault.”

AB 2777 Opens Window for California Survivors of Sexual Assault to File Civil Claims

Recent legislation signed into law by California’s governor allows adult survivors of sexual assault to file civil claims for crimes which occurred outside of the statute of limitations.

California Assembly Bill 2777 (AB 2777) opens a three-year window for survivors to file civil claims seeking financial compensation. Under the new bill, claims are now automatically revived for acts of sexual assault which occurred on or after January 1, 2009, provided that those claims were barred solely because of the expiration of the statute of limitations.

From January 1, 2023 through December 31, 2026, California sexual assault survivors may file civil lawsuits against perpetrators in an effort to recover financial compensation for various damages:

• Pain and suffering
• Emotional trauma
• Psychological distress
• Hospital/medical care costs (past and future)
• Lost wages or reduced earning capacity
• Diminished quality of life

To learn more about filing a claim under California AB 2777, please visit our recent blog post.

Contact a California Sexual Assault Lawyer for a Free Consultation

Dordulian Law Group (DLG) is your trusted legal advocate for sexual assault and abuse claims. Founded by former sex crimes prosecutor and Deputy District Attorney for Los Angeles County Sam Dordulian, DLG’s experienced team of sexual assault attorneys will fight aggressively on your behalf to recover a maximum financial damages award that equals justice under the law.

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

With more than $100,000,000.00 in settlements and verdicts recovered for our clients, DLG is the best choice you can make when pursuing your AB 2777 claim.

DLG’s Los Angeles sexual assault lawyers are currently accepting claims under California AB 2777. For a free and confidential consultation regarding your case, contact us today at 818-322-4056.