Indiana is estimated to have between 600 and 800 untested rape kits. But Rep. Becky Cash, R-Zionsville, has received broad bipartisan support on House Bill 1413, which is attempting to solve the problem.
HB 1413 would create a fund that law enforcement could use to process rape kits, purchase the equipment to do so, and hire qualified employees. Estimates say that clearing the kits would take around six to eight months. The bill gives law enforcement agencies a deadline of Jan. 1, 2027, to clear kits in their possession.
“The reason we have the backlog of kits is because we don’t have enough equipment,” said Cash. Long term, Cash believes this would help departments maintain minimal backlog, as once the equipment is there, it can continue to be used. In processing kits, scientists need to analyze various biological materials and require technology and equipment for preservation to effectively do so.
Since she was elected in 2022, Cash said she has encountered a variety of figures and legislation attempting to address the issue. This past year, she began her own research into the topic and authored HB 1413 as a result. She clarified that, for purposes of this bill, backlog is defined as rape kits that have a corresponding police report.
Nationally, there is no standard for tracking rape kits in custody of law enforcement or crime labs. Laws on inventory vary by state, alongside what is considered part of the backlog.
“This is bigger than even just these DNA kits,” said Cash. Clearing the backlog could bring closure to survivors, expose serial rapists and overturn wrongful convictions. Logging the DNA in CODIS can provide answers in other cases that have the same offender.
“Justice delayed is justice denied,” said Cash.
The bipartisan bill, co-authored by Rep. Sheila Klinker, D-Lafayette, Rep. Lorissa Sweet, R-Wabash, and Rep. Chuck Moseley, D-Portage, passed unanimously through the House Ways and Means Committee and with 90 yeas, no nays and six abstentions in the House.
The bill will continue to the Senate, sponsored by Sens. Aaron Freeman, R-Indianapolis, and Cyndi Carrasco, R-Indianapolis.
“I have literally had zero opposition to this bill,” said Cash.
However, the bill is a small piece of a bigger picture that Cash has been examining.
“We have work to do,” said Cash. She mentioned that sexual assault response is not standardized throughout Indiana’s precincts. For survivors of sexual assault, this uncertainty may cause hesitation in filing a police report.
Cash also authored HB 1415, a bill that would create a state sexual assault response team, which would evaluate current response practices on local levels as well as sexual assault training and develop recommendations from that information.
HB 1415 remains in the House Veterans Affairs and Public Safety Committee.
“We know that victims don’t feel that justice will come,” said Cash. Through HB 1413 and HB 1415, Cash’s proposed legislation is attempting to support survivors and bolster the process of filing a report and pursuing a conviction.
“I’m hopeful,” she said.
What is a rape kit?
A rape kit is a sexual assault forensic exam. The Rape Abuse and Incest National Network (RAINN) defines a rape kit as “a container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam.” The specific contents of a rape kit can vary, but the common goal is to recover DNA. Rape kits are performed by health-care professionals who have received the proper training to do so.
A survivor who obtains a rape kit does not necessarily have to file a police report at the same time or ever. However, Indiana’s statute of limitations is as low as five years in certain cases.
What is CODIS?
CODIS is an acronym that stands for “Combined DNA Index System.” According to the FBI, “CODIS was designed to assist law enforcement by providing potential investigative information in those cases in which crime scene evidence has yielded a DNA profile but no suspect has been identified.” Crime scene DNA can be used to create a profile of the offender, which is compared against convicted offenders and arrestees throughout the database. If a match is found, labs take steps to confirm the match before pursuing the identity of the suspect.