Minnesota cops storing thousands of backlogged rape kits

Thousands of untested rape kits going back to the early 1990s are being stored by law enforcement agencies across the state, according to newly released numbers collected by the Minnesota Bureau of Criminal Apprehension.

A new law that went into effect on Aug. 1 requires all law enforcement agencies to report the number of untested kits in their possession and explain why they haven't been tested.

The BCA received reports that 406 state law enforcement agencies have 3,449 untested kits in their possession, according to BCA data requested by MPR News.

The evidence in the kits is collected at a hospital after a sexual assault occurs. State law enforcement agencies have relied primarily on the BCA to process the kits and identify any DNA or other evidence connected to sexual assault suspects.

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BCA spokesperson Jill Oliveira said there are a number of reasons that a kit might not be tested — the case may be closed, a suspect confessed, no charges were filed, an investigation revealed consensual sexual activity or the victim refused participation or provided a false report.

Kari Ogrodowski of the Minnesota Coalition Against Sexual Assault said the number of untested kits was slightly higher than expected. She said it's not clear at this point whether the numbers include both tests that were submitted to law enforcement by victims and those cases where the victim decided not to submit the evidence in a kit to law enforcement.

While discovering the reasons for the possible backlog is important, Ogrodowski said victims also face challenges even getting the evidence for the kits collected following an assault.

"We've heard stories about victims having to travel long distances because a hospital feels ill equipped to provide that service for them," Ogrodowski said. "It just speaks to a larger issue that we have within our state about wanting to ensure that all victims regardless of where they're assaulted have equal access to a high-quality exam that they can obtain so that everyone is getting the same amount of treatment."

Data about which law enforcement agencies have a backlog is not yet available.

The Minneapolis Police Department assigned an officer to collect data about untested sexual assault kits at the department. The department reports that 509 of 1,565 kits collected since 2000 haven't been tested, according to Lt. Mike Sauro of the sex crimes unit.

"Some of the reasons kits are not tested is the crime was 'unfounded,' the victim did not wish to follow up with the investigation, the kit was not needed to be tested because of suspect confession, suspect admitted to sexual contact so testing [was] not needed," Sauro said.

Minneapolis police store more recently collected kits in the department's property room in downtown Minneapolis while older kits are stored in a warehouse in southwest Minneapolis.

Oliveira said the BCA is analyzing the information received from the law enforcement agencies and will make a more detailed report to the state Legislature in December.