On two summer nights, one year apart, two women exited downtown Austin bars. Each faced a horrifying fate before they could return home: they were both raped.

One woman recognized her attacker. She stated that an acquaintance noticed her intoxication and offered her a ride on his bike, only to assault her while she was semi-conscious.

The other victim did not know her rapist. She informed the police that she was assaulted by strangers who held her down while one of them attacked her.

Neither incident resulted in any arrests.

Years later, in 2021, the Austin police received a significant breakthrough: DNA found on one woman’s jeans matched DNA from a swab taken from another’s neck. This indicated that both women had suffered attacks by the same perpetrator—a serial rapist.

This was the kind of result that authorities across the nation had hoped for when they committed to testing years’ worth of neglected sexual assault evidence sitting in police storage. Since 2015, the U.S. Department of Justice has allocated almost $350 million in grants to 90 agencies through the National Sexual Assault Kit Initiative, promising to lock up rapists and provide much-anticipated answers to victims.

However, a YSL News investigation uncovered that many cases continue to face the same obstacles they encountered when first reported: kits remain untested, police and prosecutors perform inadequate reviews, and there’s a general reluctance to inform victims about the status of their collected evidence. According to the Justice Department, the initiative has resulted in 100,000 kits being tested and 1,500 convictions—almost half of which came from two agencies—while others report minimal success.

In Charlotte, North Carolina, a backlog of around 2,300 kits has yielded 14 convictions.

In Mobile, Alabama, a backlog of about 1,100 kits has resulted in the conviction of eight individuals.

Austin, however, faced a backlog exceeding 4,400 kits, leading to only one conviction.

Following the DNA match in the two Austin cases, a detective revisited the files. Police claimed to have contacted the woman who reported being attacked by a stranger, but she chose not to engage with them, resulting in her investigation being closed once more. Authorities did not inform her that the man linked with her evidence could be a serial offender.

As for the other case, police mishandled the follow-up and took no action. Krystal Allison, the woman who reported that sexual assault, only discovered that the acquaintance she accused had been linked to another reported assault when YSL News reached out to her this summer.

“That genuinely sent chills down my spine,” Allison shared, her voice trembling. “No one has contacted me at all. I’m completely in the dark.”

America’s untested rape kits have accumulated over decades.

Boxes, roughly the size of a hardcover book, contained evidence related to reported sexual assaults—dried samples of saliva, semen, blood, strands of hair, and debris collected from beneath fingernails. Each sample was gathered during lengthy examinations but was shelved without undergoing DNA processing. This accumulation stood as a grim reminder of law enforcement’s failure to assist victims and ensure rapists faced consequences.

Testing these kits was meant to initiate rectifying those failures. In certain jurisdictions that received federal funding, even this step was neglected.

At least a dozen grant recipients found ways to bypass testing, leaving kits unprocessed a second time. In one Californian county, officials reported resolving their backlog, but this was only after declaring over half of their kits unfit for testing.

In several situations, authorities conducted little more than sending the kits to a lab, reviewing the outcomes, and then closing the cases again.

According to a state report, there are some law enforcement agencies that have shown a notable “hesitance” to reopen investigations, and in some cases, they have explicitly stated that they are ignoring DNA results.

Additionally, certain officials have largely abandoned the notion of giving victims information regarding their rape kits or offering explanations for the extensive delays in testing. In Kansas, one police department has only sought to reach out to 17 victims out of approximately 1,100 sexual assault kits. An official from that department mentioned instances where DNA testing has pinpointed suspect names for the first time, yet victims remain uninformed because they don’t believe those cases are prosecutable.

Noël Busch-Armendariz, a professor and researcher from the University of Texas at Austin, who has spoken with women who have experienced delays in their kits, expressed disappointment that victims continue to be neglected.

“Survivors of sexual assault often feel let down by the lack of communication regarding what has happened to them,” she noted.

Representatives from the Department of Justice who manage the Sexual Assault Kit Initiative opted not to participate in an interview.

In a written response, spokesperson Katherine Brown stated that the program has been vital in assisting agencies nationwide to process untested kits, although she pointed out that local laws and policies can affect the subsequent processes. Angela Williamson, who has been overseeing the federal program since it began, acknowledged in another statement that local success can differ based on the effort put in.

However, Williamson asserted that the program has instigated a “significant cultural change” regarding the necessity for testing evidence from sexual assaults. Besides pursuing justice for backlogged cases, the initiative also seeks to transform how the criminal justice system addresses sexual assault. Grantees have utilized their funding to enhance DNA collection methods, improve training for police and prosecutors, and modernize treatment for survivors and their families.

Williamson cautioned that it’s premature to evaluate the program’s effectiveness solely by the number of convictions of rapists, as cases can take years from testing to potential sentencing. Agency representatives noted that DNA matches can emerge much later after a kit is tested as more profiles are added to the federal DNA sample database.

Williamson had similar comments about the timing of evaluating results when The Atlantic brought attention to the program’s meager outcomes five years earlier.

Nonetheless, the program’s data tracking is so inadequate that in several areas, the federal government remains unaware of how many rapists have been convicted—and likely always will be.

Federal data on performance is filled with inaccuracies, misleading statistics, and empty fields, with officials continuing to overstate convictions on their website by 20% until after YSL News highlighted a discrepancy. At least 10 grant sites informed YSL News that they have been unable to reliably track essential metrics like the number of victims reached or convictions secured. A 2022 audit by the agency’s Office of the Inspector General found that grant staff at the Department of Justice failed to identify “troubled and failing grantees,” and that three out of five reviewed sites could not provide documentation to support the numbers they reported to the government.

Given the insufficiencies in federal data, YSL News reached out to grant sites that received funding from fiscal years 2015 to 2022 to verify vital statistics, such as how many kits were sent for testing, how many cases were charged, and how many victims had been approached. Reporters then zeroed in on 14 sites with the most comprehensive data funded during the program’s initial years, providing them ample time for testing, investigations, and prosecutions.

Two locations—prosecutors’ offices in Cleveland and Detroit—stood out, tallying over 600 convictions collectively. The other 12 reported only 123 convictions, equating to less than one for every 175 kits processed. If those jurisdictions had matched Cleveland’s success in investigating and prosecuting cases, YSL News estimated they could have secured at least 1,450 additional convictions.

Following that initial research, YSL News reporters dedicated the last year and a half to exploring the Sexual Assault Kit Initiative, including interviews and correspondence with more than 150 law enforcement officials, advocates, victims, and others involved in backlog-removal projects. Reporters also submitted over 250 public records requests, scrutinized police reports from more than 350 cases involving backlogged kits, and consulted 10 experts familiar with the investigation and prosecution of sexual assault to review a selection of cases.

Frequently, the individuals central to these cases were women particularly vulnerable to exploitation.

They found themselves sleeping on the streets, struggling with addiction, dealing with mental health issues, or simply enjoying social drinks with friends. Some encountered doubt from law enforcement the moment they sought assistance, such as one woman from Florida described in an incident report—a sheriff’s deputy referred to her as a “potential victim” 45 times within a 40-line report.

Most victims were acquainted with the men they alleged had attacked them. Investigative efforts often stalled at “he said, she said” scenarios—one asserting that the encounter was consensual, while the other insisted it was rape, with investigators often doing minimal to no work to uncover the truth.

While the Sexual Assault Kit Initiative aims to challenge longstanding misconceptions about victims that have persisted in the criminal justice system, those biases continue to exist.

A prosecutor in Florida dismissed a case after testing a kit, claiming that the victim’s pain medication use had impacted her “cognitive abilities.” A Minnesota police department decided against testing a kit because the juvenile victim was deemed “uncooperative” in their prior investigation, even though records indicate the girl had expressed fears of having been raped while unconscious at a party and had asked: “What if it was my fault?” A detective in Wisconsin took no action to reexamine a rape, noting that the suspect claimed the sex was consensual, despite the same individual having been previously convicted of another rape.

Ashley Nix serves as a prosecutor specializing in sex crimes within the Tulsa County District Attorney’s Office. She has initiated charges in various cases stemming from the city’s backlog of rape kits. Among the victims she has dealt with, one was a sex worker, and another tragically passed away in the 12 years following her assault, leaving Nix to handle the prosecution without the victim’s testimony. There was also a third case that initially faced rejection from Nix’s predecessor, which involved a woman with an intellectual disability.

“The justifications for dismissing complex cases and victims are nonsense,” Nix stated. “Predators target individuals that society is likely to doubt.”

Krystal Allison was one such victim who informed Austin police about being raped by someone she knew. She contends he was aware she was too intoxicated to defend herself. After splitting from a friend on the busy Sixth Street in Austin, she accepted help from the man, leading to fragmented memories: falling off his bike, being in a bed, and struggling to push him away as he assaulted her.

The next morning, Allison realized she was in the man’s apartment, where his roommate informed her that she had been carried upstairs the night before. She immediately went to a hospital for a sexual assault exam and reported the crime to the police.

Regrettably, the police report jeopardized her chances for justice; the officer noted that Allison and the man had engaged in “voluntary sex.”

Years later, when the sexual assault kit was analyzed and connected to another reported rape, that inaccurate conclusion became widely accepted, repeated by many. A closer examination of Allison’s case would have revealed clear signs that her account indicated rape, not consent.

In a discussion with YSL News last month, officials from the Austin police admitted errors in Allison’s case, mistakes that can’t be rectified now, as the statute of limitations for pressing charges expired last year.

Sgt. Patrick Stewart, part of the reviewing team, acknowledged the oversight, stating, “Unfortunately, we dropped the ball on that one.”

YSL News respects the anonymity of sexual assault victims unless they provide consent to disclose their names. Allison and a few other women allowed the use of their names and images.

Allison felt emotional when informed by a reporter that the statute of limitations for her case had lapsed. Despite the 11 years that had passed since she reported the rape, the now 40-year-old mother of two had held onto the hope that one day, her attacker would be brought to justice. When police initially closed her case, citing a lack of evidence, she had inquired whether it could be reopened if he assaulted someone else in the future. She was assured it could be.

“I genuinely believed that eventually, he would be caught. You can’t get away with things like this forever,” she expressed. “You just can’t.”

Up to this point, that man has evaded arrest.

Lt. Chris Leleux, who oversees sex crime investigations at the Austin Police Department, expressed disappointment that very few cases from the city’s backlog have led to successful convictions. He pointed out that when authorities commit to testing old rape kits, they often mistakenly think it will solve the underlying issues.

“These cases,” he remarked, “are re-entering a broken system.”

More than just unresolved rape cases

When law enforcement and prosecutors fail to hold offenders accountable, it puts more lives at risk. Victims may face rape, kidnapping, harassment, and even murder.

Research indicates that many rapists are repeat offenders. And given that a significant number of sexual assaults go unreported – estimated at around one-third – the importance of resolving these cases is critical.

YSL News conducted a review of the criminal backgrounds of over 250 men identified as suspects in rape cases for which kits had not been initially tested.

The findings revealed a pattern of not only further sexual offenses but also numerous violent crimes such as kidnapping, armed robbery, assault, and child abuse. About 10% of these men have faced domestic violence charges.

For example, a man from Florida was convicted of domestic battery multiple times, including attacking a woman when she refused his sexual advances. A Wisconsin man slashed a woman’s tires and assaulted her friend who intervened. A Minnesota man had to register as a sex offender after inappropriately touching a young girl in a retail store.

All three men were also named as suspects in rape cases, yet none was apprehended based on those allegations.

Mark Burruss’s case follows a similar trajectory.

In 2013, a Wisconsin woman named Amber reported to the police that she had consented to sex with two men she had met online, but the encounter escalated to violence, resulting in their taking turns raping her. A month later, feeling pressured, she chose not to pursue the case, leading the police to shelve her rape kit.

It wasn’t until three years later that the kit was tested under Wisconsin’s grant program, revealing a DNA match to Burruss, who had since been accused of multiple sexual assaults against minors, with the earliest incident dating back to 1995.

During a police interview, he claimed his encounter with Amber was “rough” but fully consensual, a statement that Amber disputed. She indicated her desire to pursue the case this time, explaining that her previous choice not to press charges was influenced by her boyfriend.

However, a prosecutor in 2018 opted not to bring charges, citing “credibility issues” with Amber, as she had initially not disclosed meeting the men online and previously stated she did not wish to proceed with the case.

Just two weeks later, Burruss assaulted a 13-year-old girl, groping her breasts and vagina over her clothes. Minutes after the incident, she texted a family member for help, saying, “I don’t feel safe.”

Burruss was found guilty in that case and served two years in prison. He is now awaiting trial for the alleged rape of an 11-year-old girl in 2016, occurring after Amber lodged her complaint but before her rape kit was analyzed. He did not reply to a request for comment relayed via his attorney.

Amber, who prefers not to use her last name for privacy, recalled that when she first reported her rape, a police officer suggested that since she had consensually met her attackers online and agreed to have sex, she might have “basically given them permission to do whatever they wanted.”

Unbeknownst to Amber, Burruss had been previously convicted of another sexual assault after authorities chose not to pursue her case in 2018. She wasn’t surprised, noting it was clear that “he had done this before – and wouldn’t be his last time.”

National Shock Over Rape Kit Backlog Launches Reform Efforts

In 2009, Kym Worthy’s assistant at the Wayne County Prosecutor’s Office discovered 11,000 untested rape kits in a Detroit police evidence warehouse, which incited outrage from Worthy.

Other U.S. cities soon revealed similar hidden caches of untested kits. The total in many studies was estimated to be between 300,000 to 400,000 kits, often referred to as “the rape kit backlog.” However, this term is misleading; many kits were not awaiting testing but had been forgotten, some deteriorating due to mold or water damage, and many were unlabeled and needed manual organization.

Public outrage grew as stories of unsolved rapes surfaced alongside untested kits. In 2010, the Joyful Heart Foundation, established by Mariska Hargitay of “Law and Order: Special Victims Unit,” made eliminating the backlog its primary goal. That same year, Congress held hearings with survivors and advocates demanding answers: How could this occur?

Research revealed that the choice of whether to test kits often relied on the judgment of individual detectives. Too frequently, these detectives believed victims were lying. Their decisions were also affected by advancements in DNA technology and limited laboratory resources, leading many to disregard entire categories of cases, particularly those with known suspects.

As Detroit and other cities began processing their backlogged kits, the erroneous thinking surrounding these cases became apparent as DNA results linked to other unsolved assaults. It was determined that men who had assaulted strangers had also attacked acquaintances, revealing patterns and identifying serial rapists previously unrecognized by law enforcement. In addition, individuals who had claimed consent in their encounters were now facing multiple allegations – transforming “he said, she said” scenarios into a far more complex narrative.

In 2015, Joe Biden, then Vice President, introduced the National Sexual Assault Kit Initiative, stating, “When we solve these cases, we get rapists off the streets. For most survivors, seeing their rapists brought to justice provides a sense of closure and safety. The grants we’re announcing will assist victims and enhance community safety.”

Since then, the federal government has provided grants to 90 state and local agencies and engaged a nonprofit to offer training and assistance. This initiative connects experts from various sectors of criminal justice and advocacy to assist local teams and create training materials for their endeavors.

However, it’s important to note that these recommendations are optional, and some teams have chosen not to implement them.

Rebecca Campbell, a Michigan State University professor involved in the program, mentioned that it has been “eye-opening and challenging” to observe inconsistent outcomes across different locations. In some instances, local teams exhibit resistance to the notion of testing the kits.

“There’s a feeling of, ‘Why do we even have this grant? What is the purpose of this project?’” Campbell explained. “In some areas, there is outright hostility towards the initiative, as they don’t see an existing problem.”

Conversely, some sites have embraced the mission, facing challenges such as burnout and resource limitations. David Thomas, a law enforcement consultant and former program manager at the International Association of Chiefs of Police, believes underperforming agencies must be held accountable and that comprehensive case reviews are crucial. He also stated that officials at the Justice Department should be prepared to withhold grant funds from those not meeting their obligations.

“We advocate for making sure perpetrators are held accountable,” he stated. “Agencies that fall short of their commitments must also be held responsible.”

One of the substantial successes of this program has been seen in Wayne County, where all the kits unearthed by Worthy’s assistant in 2009 have been analyzed, leading to over 5,400 investigations and 257 convictions reported by the prosecutor’s office.

Worthy, who herself was a victim of rape while in law school, resolved to address the kits and advocate to prevent another backlog after learning of their existence. She aimed to transform the culture that allowed for the storage of rape kits like clutter in a forgotten warehouse.

Other city leaders hesitated, primarily due to the financial implications of addressing this issue. Just four years later, Detroit declared the largest municipal bankruptcy in U.S. history.

Over the years, Worthy sought to piece together funding.

Funds were needed to tackle the backlog, leading to efforts to gather private donations, even those as small as $5. Nonprofit organizations assisted with fundraising, while the Detroit Crime Commission made arrangements for reduced testing rates through partnerships with private labs. Additionally, her office secured grants from the National Institute of Justice along with several Sexual Assault Kit Initiative grants amounting to $9.5 million. The Michigan State Legislature also designated funds, and the county increased Worthy’s budget to bolster the program.

Worthy expressed that the journey to reach the current state has been “long and difficult.” She voiced her displeasure towards agencies that view merely testing their kits as a sign of success.

“I can’t say you did nothing. But you didn’t do anything that’s going to lead anybody to justice if you didn’t do anything to seek to get these perpetrators, these rapists, off the street,” she remarked. “These rapists don’t stop.”

Campbell, who has assisted as a researcher within the Detroit team, emphasized that they have set a benchmark that every site should aspire to achieve.

“If you can do it under what I would argue are some of the hardest circumstances in the U.S.,” she stated, “it is possible.”

Despite progress in DNA analysis, law enforcement efforts remain insufficient

In 2022, a prosecutor in Jacksonville, Florida, reexamined a rape case from 2010 and concluded, despite new DNA findings, that there was no “reasonable probability of conviction.” The victim had taken a pain medication prior to the incident, which affected her memory. There were no witnesses to support her story. Additionally, she had voluntarily entered the suspect’s hotel room the day after the alleged assault.

This situation would be challenging to present to a jury.

However, looking at the same facts from a different perspective can shed light.

The suspect was aware that the woman had taken medication, suggesting he might have anticipated her groggy state when he entered her room later that night. Sexual assaults usually occur without witnesses, and the woman did mention the assault to a friend who remembered the conversation years later.

Even though she did enter the man’s hotel room the day after the incident, she discreetly noted his name from a prescription bottle, identifying him to authorities.

Experts reviewing the case for YSL News concluded that time actually strengthened the case. When detectives revisited the woman, she revealed the assault had haunted her, leading to her celibacy since the incident—elements of trauma that could resonate with jurors. Moreover, when detectives spoke with the suspect, he denied any sexual encounter with her despite his DNA being found in her sexual assault kit, raising concerns about his credibility.

“What more do you want?” questioned Elizabeth Donegan, a retired senior sergeant with the Austin Police Department and an expert on sexual assault investigations. “To me, this is a straightforward case to advance. Super straightforward. You have a prosecutor who lacks the necessary knowledge about sexual assault cases.”

A detailed review of cases from the Jacksonville Sheriff’s Office indicates that the chances for a backlogged kit to lead to an arrest—or worse, a conviction—are slim. Across the U.S., nearly perfect conditions are needed: a law enforcement agency with adequate resources, training, and motivation to reinvigorate cold cases, alongside a prosecutor willing and capable of taking a suspect to trial. The absence of either can derail a case.

Many cases stagnate due to hurdles that are difficult for police or prosecutors to tackle. After testing, around 50% of backlogged rape kits yield usable DNA, and merely half of those end in a DNA match. A match could relate to another case involving an unidentified assailant, providing leads but not necessarily a name. Furthermore, the statute of limitations for pursuing charges might have expired, or the suspect could be deceased.

Often, officials note that individuals reached out during post-testing years later choose not to continue with the case. Stopping the investigation at that stage can be interpreted in two ways: it could honor a victim’s wishes or suggest that police failed to gain her trust.

However, YSL News found that police often conducted only superficial reviews of cases post-DNA testing, relying heavily on previous investigations’ conclusions. Lisae C. Jordan, executive director and counsel for the Maryland Coalition Against Sexual Assault, noted that some agencies perceive the state’s backlog project as “second-guessing” their initial decision to forgo testing.

Prosecutors have similarly resisted re-evaluating investigations. Katie Whisman, a former official from the Kansas Bureau of Investigation who managed the state’s backlog efforts, recounted a local prosecutor dismissing police’s attempts to reopen investigations, arguing that the cases had already been rejected and would not be reconsidered.

When confronted with the question of why so few cases progress, law enforcement officials frequently offer vague responses. In Charlotte, North Carolina, records revealed that authorities identified suspects in various cases where women reported being raped by unknown armed assailants, including one who alleged she was kidnapped at gunpoint and held for five days. Those cases were ultimately closed without arrests. Michael Stolp from the Mecklenburg County District Attorney’s Office informed YSL News that after review by police and a prosecutor, the consensus concluded that an arrest and prosecution were not appropriate based on the available evidence. He did not specify what evidence was considered and did not respond when repeatedly asked if the victims had been informed of the testing outcomes.

In Jacksonville, the prosecutor’s and sheriff’s offices have received close to $10 million in federal grants since fiscal 2015.

Investigations in the area have extended over several years, sometimes with lengthy periods of inactivity, according to a review of over 100 files. The woman who reported gathering her assailant’s name from a pill bottle in his hotel room first learned about her rape kit’s testing in 2017. Records indicate she did not hear from a detective for nearly two years after that. By then, a new investigator had been assigned. Following that detective’s referral of the case to state prosecutors in 2019, it took another two and a half years for the office to decline to pursue charges.

“I hadn’t realized the system could traumatize victims in another way,” said Kelsey McKay, a former prosecutor who started a nonprofit aimed at enhancing the interactions between criminal justice professionals and sexual assault survivors. “If they’ve managed to endure this far, there is some hope. Yet, as seen in these cases, even with DNA evidence, we still don’t believe you.”

McKay, who evaluated several cases upon YSL News’s request, pointed out that since most victims know their attackers and cases often hinge on consent issues, police and prosecutors frequently elevate the victim’s credibility instead of focusing on the suspect’s.

She acknowledged the daunting task prosecutors face in persuading a jury of 12 who may not fully grasp the complexities of sexual violence. However, she argued that prosecutors should be more open to Taking on this challenge involves educating jurors that predators often go after vulnerable women, knowing that these individuals are less likely to be believed.

She stated that failing to prosecute merely validates the assumptions of these offenders.

McKay and the five other specialists who assessed the Jacksonville hotel case for YSL News believed that charges could have been filed by the prosecutor’s office.

“If this isn’t a case we pursue, then what kinds of cases will we take on when it comes to vulnerable victims?” she questioned.

In Jacksonville, charges have been pressed in some of the backlog cases that involve women experiencing homelessness, intoxication, or drug use. However, nearly every instance involved a different aspect: the victim reported that she was unfamiliar with her assaulter. Among the 29 suspects charged by the office, 80% were accused of attacking a stranger, often those they had either kidnapped at gun or knife point or had minimal interaction with before the crime.

Numerous studies have indicated that in nearly all rape incidents, the victims know their attackers.

The Jacksonville prosecutor’s office has yet to file any cases where the suspect and the victim had a prior intimate relationship. In the evaluations YSL News conducted, investigators at the sheriff’s office often made scant effort to probe these situations further post-kit testing, with many closed cases using similar phrases: “Review of the case indicates this was the same suspect included in the initial investigation. Case remains Exceptionally Cleared.”

Jacksonville Sheriff’s Office Sgt. Robert Freitas, part of the cold case unit and involved with backlogged kit investigations, informed YSL News that many cases remained hard to prosecute as they often came down to the suspect’s word against the victim’s.

“We’re not going to make an arrest just for the sake of it,” he remarked. “Sometimes it’s unfortunate. You might see a match, but the state’s attorney shoulders a heavier burden of proof.”

David Chapman, a representative from the Fourth Circuit State Attorney’s Office in Florida, indicated that no backlog cases linked to domestic violence have been charged, as those suspects were already known to authorities during the initial inquiry. He emphasized that the federal initiative primarily aimed at prosecuting previously unidentified offenders, although training is provided on handling cases involving partners and known assailants.

He also mentioned that during the evaluation of sexual assault cases from the backlog, his office considers the potential violation of a defendant’s due process due to the time taken to file charges. Other factors that defense attorneys could bring up during a trial are also taken into account, such as if a victim was involved in sex work or substance abuse, suggesting possible motive to lie.

Chapman summarized how various cases were reviewed by the YSL News team, highlighting the criminal backgrounds of both suspects and victims as one key factor.

“They are categorizing an entire group of women as unrapable,” stated Campbell, a professor involved in the grant’s training program. “This is utterly unacceptable.”

In another case from Jacksonville’s backlog, in 2012, an 18-year-old woman reported to the sheriff’s office that she had been raped by a man known only as “Charlie Fresh.”

This woman, Elizabeth Levy, recounted to YSL News how the deputy who took her report responded: he laughed as she struggled to provide details while under the influence of crack cocaine.

Levy had gone to a motel by the highway to purchase drugs. She recounted that Charlie offered her shelter in his room, subsequently gave her cocaine, refused to allow her to leave, threatened her, and raped her. Soon after reporting to the sheriff’s office, she ceased contact with deputies.

Her sexual assault kit was tested in 2017 and matched to Charlie Pressley, a Florida man recently convicted on felony drug charges and who had previously faced two allegations of sexual assault. In one of those cases, he was charged and eventually pleaded to a lesser crime.

Despite knowing the potential for a hostile criminal trial–where she would be portrayed as untrustworthy and unsympathetic due to her visit to the motel for drugs–Levy agreed to assist in the investigation. After being shown a photo lineup, she quickly identified Pressley. She told YSL News that fear of Pressley was why she had initially stopped pursuing the case, but that feeling had since changed.

“I just wanted some justice,” Levy reflected in an interview earlier this year. “Honestly, seeing that picture of his face, it ignited something deep within me.”

The ensuing investigation took 2½ years. Several months elapsed without any updates. Detectives re-interviewed witnesses from the motel and sought out additional women who had previously accused Pressley of sexual assault. They also questioned Pressley, who claimed he had never been intimate with Levy.

Throughout this duration, communication with Levy was lost. Initially, she was incarcerated when they first contacted her but was released during the investigation. Despite their procedures indicating a need to connect her with a support advocate, the sheriff’s office failed to do so. Levy recalled receiving only one Facebook message from a sheriff’s deputy after her release, but by then, she was again battling addiction. She had also lost trust in the detectives, who assured her they would keep in touch but went silent.

According to sheriff’s office records, she only spoke with a detective once after the photo lineup.

He inquired whether she had consented to engage in sexual activity with Pressley in exchange for drugs.

She insisted that the incident constituted rape.

Three years after the sexual assault kit related to Levy was tested, the Jacksonville Sheriff’s Office once again paused the case in June 2020, blaming Levy for not cooperating, as noted in their case file. The prosecutor’s office informed YSL News that there were several inconsistencies in Levy’s statements and that her drug use while under court orders not to use substances “would undermine her reliability and credibility regarding her narrative.”

Pressley, who is currently imprisoned due to a separate drug conviction, did not reply to a request for comments. He is expected to be released this autumn.

Levy was released from prison last week after serving 16 months due to a parole violation related to drug charges. Recently, she completed an empowerment program for incarcerated women and is transitioning to a housing facility in Jacksonville.

She still grapples with self-blame for both the assault and the fact that Pressley was never apprehended. Nevertheless, she acknowledges that what occurred was not her fault.

“I can’t pretend to be perfect because I’m not. I made choices that contributed to this situation,” she reflected. “However, I did not ask for it.”

‘Nobody Wants to Apologize’

Officials from the Department of Justice emphasized that the Sexual Assault Kit Initiative has objectives beyond just securing convictions. Williamson, who manages the program, told YSL News that the main goal is to resolve cases to provide “answers for victims or their surviving family members.”

However, most individuals whose sexual assault kits have been examined often remain unaware that their kits were tested, let alone the outcomes.

In Wichita, Kansas, police attempted to inform 17 victims from a total of approximately 1,100 kits and successfully contacted 11. Two suspects have been convicted, with a third warrant issued.

Capt. Jason Stephens, who oversaw sex crimes investigations for the Wichita Police Department when Kansas received a federal grant in 2015 to tackle its backlog, stated that officials were worried about distressing victims by revisiting their assaults if there were no plans to reinvestigate the cases. This means that there are instances in which police know who the suspect is, but the victim remains unaware.

This scenario is precisely what Mary Stolz, executive director of the Wichita Area Sexual Assault Center, feared when she learned that officials reached out to only 17 people. She envisioned situations where a victim might unknowingly live next door to their assailant, date him, or even have him as their child’s teacher—while police had knowledge of the suspect’s identity but failed to inform the victim.

“That is an extreme violation of human rights,” Stolz remarked.

Notifying victims is arguably one of the most delicate tasks officials handle when clearing a backlog of old kits. For one individual, a call regarding their sexual assault may reopen old wounds, whereas another might find closure by receiving information and access to support, such as counseling.

Faced with this challenge, most funding recipients have tended to limit their contact with victims. Of the 42 notification policies reviewed by YSL News, only eight suggest reaching out to all or nearly all victims. At the opposite end, at least six policies tie victim notification to whether authorities believe their case can be investigated or prosecuted.

YSL News analyzed victim notification rates among 14 agencies that received early grants and had complete notification data, comparing the number of victims contacted to the kits sent for testing. This ratio does not account for the possibility that some victims may have had multiple kits in the backlog.

Overall, among four of the 14 grant recipients with the highest notification rates, approximately one victim was notified for every two kits sent for testing. Others managed to contact just one victim for every 15 kits, with some contacting very few. In Wisconsin and Orange County, California, for instance, one victim was reached for every 43 kits sent for testing.

Campbell noted that some grant teams have almost become immobilized by the fear of re-traumatizing survivors by revisiting their assaults, leading them to believe it would be unethical to contact victims. In one meeting, she expressed her frustration by saying, “You just need to start.”

Conversely, other locations have allowed their concern for victims to become a pretext for inaction.

“Someone on that team must engage directly with the survivor and handle whatever feelings arise—be it anger, relief, fury, or something else,” she remarked. “They need to be prepared to say something, ideally offering an apology. In many regions, however, no one seems willing to apologize.”

Fewer than half of the policies evaluated by YSL News highlight the importance of an apology. The Duluth Police Department in Minnesota is among those that do.

Mary Faulkner, a victim advocate and Duluth’s grant site coordinator, mentioned that when planning for victim notification, the team recognized that people in the small city of 90,000 had always been curious about what happened to their cases. Some might have even come across news stories about the city testing old kits and wondered if they would receive a call.

“We were very concerned about the notion that people would feel forgotten twice,” Faulkner said.

Assuming that every victim would be contacted, local officials only deviated from this plan when there were specific reasons to be cautious. The team refined its notification process as they observed what was effective, meticulously documenting the reasons for not contacting any victim.

From a total of 444 kits sent for testing, Duluth attempted to reach out to 274 individuals, successfully contacting 187 of them. Another 16 victims had passed away since their reports were made.

Prosecutors have brought charges in 21 cases and secured seven convictions so far.

Faulkner personally made many of the notification calls. While some conversations were challenging and linger in her memory, more frequently, individuals expressed gratitude but stated they had moved on. Others were interested in learning about improvements being made to support victims currently. Some victims voiced concerns that their kit might not have been tested due to something they did wrong.

“Having someone acknowledge what happened and apologize, saying it wasn’t your fault, can be really helpful,” Faulkner stated.

Jordan Martin, however, has never received such a call.

In 2018, the Wichita resident chose to spend the night at a hotel, believing it would be safer than driving home after a night out. An acquaintance offered her a ride but then followed her to her hotel room and assaulted her.

The following morning, she contacted the police. She described the detective’s inquiries as brief and impatient, suggesting he was ready to leave after his shift. Weeks later, Martin received a voicemail informing her that her case had been closed, with the suspect claiming their encounter was consensual. The police did not provide any updates about the processing of her evidence kit.

“That voicemail felt so cold,” she reflected.

Feeling numb and angry, she turned to alcohol until she realized she needed help and reached out to the Wichita Area Sexual Assault Center. Over time, she learned to manage her emotions better and found fulfillment in assisting others. Now, Martin serves as the center’s director of advocacy.

Wichita police officials shared with YSL News that changes have been made within the department to enhance responses to sexual assault incidents, including improved training and the creation of a more supportive environment for victim interviews. They also announced, in late 2018, a new policy to test all rape evidence kits, years ahead of most other counties in the state.

Martin stated that since her experience, she has noticed improvements in how local police treat victims.

Nonetheless, she remains troubled by the uncertainty surrounding what happened to her evidence kit.

“I complied with everything the detectives asked – I talked to them, went to the hospital before showering to preserve evidence, yet I still wonder, ‘Did they even care?’” she said.

Claims of Success Masking Issues

When Iowa concluded its six-year grant initiative in 2021, the state’s Senate Democratic Caucus posted on social media, celebrating: “After years of effort, Iowa’s rape kit backlog has finally been resolved!”

However, Iowa did not actually eliminate its backlog.

Only two out of every five kits stored by law enforcement were tested, with the oldest dating back to 1992. The state still doesn’t test all kits today.

Kerri True-Funk, a part of the state grant team and an advocate with the Iowa Coalition Against Sexual Assault, expressed her concern in hindsight, wondering what could have been achieved if Iowa’s law enforcement had used this initiative as a chance for real change.

“It could’ve been a pivotal moment for the state,” she noted. “It might not have meant a complete turnaround, but it could have significantly advanced our efforts.”

Iowa’s Office of the Attorney General received a federal grant in 2015, which prompted a statewide survey of law enforcement agencies regarding their backlog of kits. It was found that there were 4,264 untested kits. State officials indicated that there wasn’t enough funding to test them all.

Iowa, along with other grant-receiving locations, established its own criteria for which kits would be prioritized for testing. Although the federal program advises testing all kits from reported incidents, numerous locations have opted not to follow this recommendation, creating their own exceptions.

Some kits were dismissed due to various reasons, including the presence of a suspect’s DNA from another case or if a suspect had already been convicted, thereby mitigating the risk of testing leading to a wrongful conviction.

Communities have also refrained from testing kits from cases deemed “unfounded,” meaning law enforcement believed the victim made a false report. Research indicates that this label is frequently misapplied in sexual assault cases.

Last year, Minnesota’s Bureau of Criminal Apprehension declared their testing was “complete,” but clarified that only two-thirds of the kits had actually been tested. In California, the Orange County District Attorney’s Office announced in 2022 that they had “successfully resolved a 30-year backlog” of untested kits, while having processed less than half of the total kits. In Mobile, Alabama, negotiations led to about 25% of backlogged kits being excluded from testing.

In Iowa, officials formulated their testing strategy based on the reasons law enforcement provided for the original lack of testing, according to state documents. Cases prioritized for testing included those where police had doubts about the accusation, where prosecution didn’t request testing, or where a suspect claimed the sexual interaction was consensual.

Despite this, Iowa’s authorities opted not to test another 1,300 kits, which represented almost a third of the backlog, because police indicated that the victims either chose not to pursue charges or exhibited a “lack of cooperation” after the assault was reported.

True-Funk noted her internal struggle at that time: she wanted to respect victims’ choices but was also concerned about how those decisions were characterized by law enforcement. She recognized that victims might disengage if they felt mistreated and could change their minds.

The backlog has many such stories. For instance, a woman in Detroit told investigators that after being assaulted and beaten by her boyfriend, she stopped communicating with police due to her age, fear of retaliation, and emotional unpreparedness. However, when contacted after her kit was finally tested, her perspective had changed.

“She now feels strong enough to take action,” a detective recorded in the case file. Her perpetrator was eventually convicted and received an 18-year prison sentence.

Had she been in Iowa, her kit would likely not have been tested.

True-Funk mentioned that her concerns were often dismissed during committee discussions, which typically included mainly law enforcement and prosecutor representatives, with just a few advocates and one known sexual assault survivor present. When the topic of future kit testing arose, True-Funk claimed that her voice was “shouted down.”

There is an online system that allows victims to check if their sexual assault kits have been tested. However, police departments still have the authority to decide which kits get tested.

The state lab advises against sending a kit if the police are already aware of the suspect’s identity.

According to the submission guidelines from the state lab, “If the issue involves consent rather than identity, consider refraining from submitting DNA evidence for processing unless it is necessary.” Several police departments informed YSL News that they adhere to the lab’s recommendations.

A representative from the Iowa Department of Public Safety, which oversees the state crime lab, did not respond to inquiries regarding this policy and declined to grant an interview.

Many sexual assault kits in the state that remain untested due to backlogs are nearing the statute of limitations, which is ten years for adult victims. YSL News discovered that at least 500 kits have exceeded this timeframe since Iowa completed its inventory, with projections indicating that this number will rise to 625 by the end of next year. However, once DNA identification occurs, charges may still be filed for an additional three years in certain circumstances. Therefore, testing these kits could lead to new charges.

The kits that have been tested yielded approximately 300 DNA matches, which were forwarded to local law enforcement agencies responsible for the original cases. State officials mentioned that they cannot mandate local agencies to provide updates on the subsequent actions taken, but they are aware of 53 victims who were contacted following testing, and four cases resulted in charges, with three culminating in convictions. Earlier this year, reports indicated that two additional suspects were charged by Davenport police in connection with one of the backlogged kits processed under this program.

The Iowa Attorney General’s Office has repeatedly declined interview requests. However, communication director Alyssa Brouillet stated that the state managed to eliminate its backlog under the grant program. Critics of this assertion argue that it is a matter of semantics: Brouillet claimed that every kit “submitted to our office” was tested where there was potential evidence to gain from testing and where the victim opted to pursue criminal action.

Furthermore, she claimed that local police departments are required to inform all victims prior to the expiration of the statute of limitations on their case. Nonetheless, YSL News found that this is not consistently the case; police departments in Iowa City and West Des Moines indicated that they usually do not make such notifications.

With a $3 million fund from the Department of Justice, Iowa had significant freedom in how to allocate these resources.

While the program restricts the expenditure on testing to only half of the funds, agencies can still request exceptions. Federal officials emphasize the importance of setting aside money for critical subsequent steps: aiding survivors, investigating cases, and securing convictions against perpetrators.

In Iowa, as in most U.S. states, all of these areas are in urgent need of attention, yet funding is always insufficient. Victim advocates often experience burnout due to the low pay associated with their roles. Many rural hospitals do not have dedicated sexual assault nurse examiners, and multiple facilities may have to share a single one. Additionally, Iowa eliminated funding for its specialized sexual assault hotline years ago.

Despite this, when Iowa concluded its grant program, it forfeited nearly one-third of its funding, becoming one of many grantees responsible for a total of about $9.5 million left unallocated.

The $880,000 that Iowa relinquished would have sufficed for a week-long training on investigating and prosecuting sexual assault for every county in the state, or it could have trained over 500 nurses on the fundamentals of conducting sexual assault examinations, or even tested an additional thousand neglected sexual assault kits from the past.