Sep 7, 2016 3 min read

Pennsylvania Auditor General Eugene DePasquale announced Wednesday an eight-month audit revealed new funding is needed to assure a backlog of untested rape kits at labratories are accurately tested. The special report highlighted that more than 3,000 kits logged with the state Department of Health were found untested, sometimes for years.

“The psychological and physical trauma of rape are profound for victims and their loved ones,” DePasquale said.”Part of the healing process includes bringing rapists to justice. Delayed processing of rape kits prevents swift justice.”

State Rep. Brandon Neuman, D-North Strabane Township, who was the primary sponsor of the new Sexual Testing and Evidence Collection Act enacted last year, was in Harrisburg along with DePasquale addressing the audit’s findings and recommendations on the bill’s effects.

“It’s not enough to say we’ve cleared the backlog. We have to be able to say we have conclusive results, because there’s often two persons’ DNA in those kits,” Neuman said.

The new law requires DOH to collect a count on all untested rape kits and established consent parameters for victims.

A breakdown in communication between the Department of Health and state police led to further issues with law enforcement, the report said.

“The letters sent by DOH (were) confusing and poorly written (to law enforcement agencies), and this poor communication contributed to a low participation rate by law enforcement agencies, which in turn caused an undercounting of the kits awaiting testing,” DePasquale said. “Nevertheless, both DOH and police must act swiftly to resolve the backlog of untested rape kits – some of which date to the 1990s.”

“We need to make sure all departments are aware of the (three-day) reporting requirements,” Neuman said, “As there also seemed to be confusion on the consent language in the bill, that consent must be received from the victim during the difficult, very invasive four-hour process of the initial test, then follow-up assurance and consent that the test will be evaluated for DNA identification.”

The report recommends more funding for sufficient personnel and equipment to make sure kits are tested promptly.

The three major public crime labs all reported turnaround times of at least six months for rape kits. In Allegheny County, there is a two-and-a-half-year backlog on all kinds of cases.

“These crime labs simply do not have enough people, equipment or funding,” DePasquale said.

Neuman said despite the costs of jobs and equipment, assuring that “promised federal funding is coming to Pennsylvania” is paramount.

“We need to specifically look at the anticipated funding when the bill was passed is flowing to us. The Legislature needs to make sure this is a top priority,” Neuman said.

The 2015 law did not explicitly include any revenue streams. Neuman said he hopes lawmakers will consider funding in next year’s budget process.