Sexual Assault Kit Testing Initiatives and Non-investigative Kits
Publication Date: 2017
Abstract: Sexual assault kits (SAKs) are collected as evidence in sexual assault investigations and may contain DNA evidence that can assist in the investigation of sexual assault cases. Many jurisdictions have implemented alternative reporting and non-reporting options that allow victims to obtain a medical forensic exam while delaying or foregoing a report to law enforcement, and offer them the opportunity to consent or decline to having their SAK submitted for testing. This document presents reasons why the Office on Violence Against Women cautions against submitting SAKs to forensic laboratories if the person from whom the kit was collected has not chosen to report a sexual assault to law enforcement and has not otherwise consented to its submission. While terms used to describe these kits vary across jurisdictions, they are referred to as non-investigative kits in this document. OVW encourages law enforcement jurisdictions to make decisions about testing SAKs in a way that honors victims' rights, needs, and preferences, to include respecting a victim's decision to delay or forego reporting a sexual assault to law enforcement.