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More states are tracking rape kits. But key support for survivors may be slipping away.
by Amanda Hernández, West Virginia Watch
June 26, 2025
After years of pressure over lost or untested sexual assault kits, a growing number of states are adopting systems to track the kits — giving survivors a way to follow their evidence through the justice process.
But despite nearly $400 million in federal support since 2015, backlogs persist, and some states still lack basic oversight. And now, advocates fear such financial support is on shaky ground.
There are an estimated 49,248 untested kits across the country, according to data collected by the Joyful Heart Foundation, a nonprofit advocacy group. Although the exact number of backlogged kits nationwide is unknown, a 2022 report from the nonpartisan Congressional Research Service that summarized existing research found backlog estimates ranging from 90,000 to 400,000 kits.
After a sexual assault, a survivor may choose to undergo a forensic exam, during which a trained health care professional collects evidence over the course of several hours.
That evidence — which may include clothing, photos of injuries, blood, urine and DNA samples — is compiled into what’s commonly known as a rape kit or sexual assault kit. The kit is then sent to a crime lab for further testing.
Test results are sometimes returned to investigators who check for DNA matches in national or state databases. A match could connect the case to other sexual assaults or link a suspect to another crime.
But processing a single kit can take days, months or even years, depending on when they are submitted and how much other work crime labs have. In some states, there are no laws requiring law enforcement to send rape kits to a lab within a specific time frame or mandating how quickly those kits must be tested.
Survivors are often left in the dark. They may not know if their kit was tested, whether a suspect was identified, or if their case is moving forward.
That silence — the uncertainty about what happened to the kit — has long been the norm in many parts of the country.
“We have betrayed at least a generation of survivors in the way that the criminal justice system and the larger public have responded to sexual assault,” said Rachel Lovell, an associate professor of criminology and the director of the Criminology Research Center at Cleveland State University. Lovell has conducted extensive research on the impact of untested rape kits in Ohio.
The goal of tracking systems is straightforward: bring transparency to a process that for decades left survivors without answers. These systems allow victims to log in and track the status of their kits — from collection to testing to storage — and offer law enforcement agencies a tool to identify and prevent testing backlogs, and strengthen criminal investigations.
At least 37 states and Washington, D.C., have established or committed to establishing a rape kit tracking system, according to the End the Backlog website run by the Joyful Heart Foundation. The foundation supports survivors of sexual assault, domestic violence and child abuse.
Two more states — New Jersey and Pennsylvania — announced plans this year to build their own tracking systems. In New Jersey, a new law gives the attorney general’s office until Aug. 1 to set up the tracking system. Pennsylvania officials are preparing to launch a statewide inventory of kits to better understand the scope of the backlog before developing their system.
A handful of other states have also enacted or are considering legislation to support their sexual assault kit tracking programs.
In Arizona, for example, Democratic Gov. Katie Hobbs signed a bill into law in May requiring all police departments in the state to use a system called “Track-Kit.” The new law primarily affects the Phoenix Police Department, which opted out of using the system in 2016. That department is expected to launch the platform later this year.
At the federal level, support for kit testing and tracking has often come from the National Sexual Assault Kit Initiative, or SAKI, which has awarded nearly $400 million to 96 grantees, including local and state agencies, across 44 states since 2015.
We have betrayed at least a generation of survivors in the way that the criminal justice system and the larger public have responded to sexual assault.
– Rachel Lovell, associate professor of criminology and the director of the Criminology Research Center at Cleveland State University
But the program’s future has not always been certain.
In January, the federal Office of Management and Budget had listed the National Sexual Assault Kit Initiative as a program whose funding would be frozen, before walking back the widespread freeze amid legal challenges.
President Donald Trump’s proposed budget for fiscal year 2026 would maintain funding for the Sexual Assault Kit Initiative at $51.5 million, according to a new report from the nonpartisan think tank Council on Criminal Justice.
But a separate round of federal Department of Justice grant cuts in April has raised concerns about the stability of broader support services for survivors. That round of cuts affected a variety of grant programs, including domestic violence shelters, trauma counseling, legal assistance and hospital advocacy.
The timing is especially concerning, advocates say, as victims of crime face growing obstacles to accessing state-provided support. In many states, victims seeking financial compensation encounter long delays, burdensome paperwork or are disqualified entirely by narrow eligibility rules.
Police investigations and funding
In jurisdictions that have worked to clear their backlogs, testing sexual assault kits has helped identify serial offenders, solve cold cases and connect assaults or other crimes to the same perpetrator.
Nationwide, testing supported by the federal Sexual Assault Kit Initiative has contributed to at least 1,538 convictions. Still, these types of crimes are vastly underreported to police.
Rapes and sexual assaults are notoriously difficult to investigate and prosecute, said Lovell, of Cleveland State University. But testing all rape kits can reveal patterns of criminal behavior over time and provide deeper insight into how, when and to whom these crimes are happening — ultimately helping improve support and case outcomes for survivors.
“By prosecuting sex offenders, you can also work to address violent crime more generally and solve past or future crimes with the addition of evidence and DNA,” Lovell told Stateline.
In her research on untested rape kits in Ohio, Lovell has found that since 2015 — when the Sexual Assault Kit Initiative launched — cases overseen by the Cleveland Police Department have been more likely to move forward in the investigative and prosecutorial process, with fewer being labeled as unfounded. Police reports, she said, also have become more detailed and trauma informed.
The initiative itself may not be the sole reason for these changes, Lovell said. Other factors, such as departmental policy changes or officer training, may also have played a role.
Although SAKI grants remain one of the primary sources of support for testing backlogged kits and building tracking systems, communities may face challenges sustaining progress once the federal dollars run out.
Capt. Tim Hegarty, division commander of the Office of Professional Standards at the Glynn County Police Department in Georgia, said local agencies must push through potential funding cuts.
“It falls back on agencies to do the job that they say they’re going to do, even when the money has dried up,” Hegarty said in an interview. “Doesn’t matter who’s in the [presidential] administration.”
Hegarty added that many departments across the country are still catching up when it comes to interviewing victims with sensitivity and investigating sex crimes.
“Law enforcement really has not advanced a great deal when it comes to dealing with these types of crimes,” Hegarty said. “It’s not the universal language when it comes to policing across the country.”
New statewide tracking systems
Other states are looking to strengthen existing programs through new oversight measures and stricter processing timelines.
Maine is one of the 11 states without a statewide rape kit tracking system. But state lawmakers are considering a bill that would create one and require law enforcement agencies and the state’s crime lab to inventory and test backlogged kits. The bill passed the House in mid-June and is currently under consideration by the Senate Appropriations Committee.
In Colorado, Democratic Gov. Jared Polis signed a bill in early June aimed at improving the state’s capacity to process sexual assault kits. The new law establishes the Colorado Sexual Assault Forensic Medical Evidence Review Board, which will evaluate the state’s medical, legal and criminal responses to sexual assault.
The governor and attorney general have until Aug. 1 to appoint board members. A preliminary report is due to lawmakers by Dec. 15.
The law also strengthens oversight of kit processing timelines. Law enforcement agencies must now provide survivors with updates on the status of their kits every 90 days. It also sets a new 60-day goal for crime labs to process forensic medical evidence, shortening the current 90-day goal.
As of May 31, 1,324 kits were backlogged, with an estimated testing turnaround time of about a year and a half, according to the state’s dashboard.
Alaska, which launched its statewide rape kit tracking system in 2023, considered a bill this year that would have expedited processing timelines for sexual assault kits. The bill passed the House without opposition but failed to advance through the Senate before the legislative session ended in May.
Although the number of untested kits has significantly declined since the state began inventorying them in 2017, 254 kits remained untested at the state’s crime lab in 2024 — up from 113 the previous year but well below the 3,484 recorded in 2017.
In Georgia, lawmakers considered a similar bill that would have established new rules for collecting, testing and tracking evidence from sexual assault kits. The bill did not advance before the legislature adjourned in April.
The Georgia Bureau of Investigation reported in December that 2,298 kits were tested between July 2023 and June 2024, with 480 kits still awaiting testing. Another 1,612 older cases submitted before 1999 were flagged for DNA testing, of which 837 had been tested as of June 2024.
Stateline reporter Amanda Hernández can be reached at ahernandez@stateline.org.
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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
The post More states are tracking rape kits. But key support for survivors may be slipping away. appeared first on westvirginiawatch.com
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This article presents a fact-based overview of the ongoing challenges and efforts surrounding sexual assault kit testing and tracking systems in the United States. It highlights systemic issues, funding concerns, and legislative initiatives primarily from a perspective that emphasizes survivor advocacy and government accountability. The language reflects concern for victims’ rights and critiques gaps in criminal justice responses, which aligns with a center-left framing focused on social justice and institutional reform. However, it maintains a largely informational tone, relying on expert quotes and data without partisan rhetoric, avoiding far-left activism or right-wing skepticism.
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News from the South - West Virginia News Feed
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News from the South - West Virginia News Feed
More miscarriages criminally investigated three years into post-Dobbs abortion bans
by Sofia Resnick, West Virginia Watch
June 25, 2025
Editor’s note: This report examines abortion access three years after the U.S. Supreme Court decision struck down the federal right to abortion.
The day before Brittany Watts miscarried at home in Warren, Ohio, medical staff at Mercy Health-St. Joseph Warren Hospital told Watts that her nearly 21-week-old fetus had no chance of survival. And without treatment, neither would she.
On that, Watts’ attorneys and those representing the hospital she is now suing agree.
But Watts still ended up in jail two years ago, after leaving the hospital due to care delays and then returning in need of medical care but without a fetus.
While St. Joseph medical staff were treating Watts, a nurse was on the phone with police, speculating that Watts had birthed and then killed a live baby, according to a federal lawsuit filed earlier this year. The suit claims the hospital and individual staff were negligent and lied to police, and that police allegedly violated her civil rights.
Rachel Brady, an attorney and partner at Chicago law firm Loevy & Loevy, said that though the charges in Watts’ case — “abuse of a corpse,” after she had flushed the remains — were ultimately dropped, she has suffered lasting harms. After inadvertently becoming the public face of pregnancy criminalization in the post-Roe v. Wade era, she is among the first since the Dobbs decision to seek legal recourse for alleged civil rights violations.
“She found herself the unwilling face of this movement, and she has been traumatized by the entire event,” Brady said of Watts, who declined an interview. “This is every expectant mother’s worst nightmare. And rather than being able to grieve her loss, she was taken away in handcuffs. She was interrogated in her hospital bed while she was still tethered to IVs, and so she wants compensation for her own trauma, but most importantly, wants to make sure that this doesn’t happen to anyone else.”
Three years after the U.S. Supreme Court’s Dobbs decision ended federal abortion rights, women around the country have faced criminal charges after their pregnancies ended in miscarriage or stillbirth, ranging from homicide to child abuse to abuse of corpse. (Photo by Ross Williams/Georgia Recorder)
In the three years after the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision struck down the federal right to abortion granted by Roe, women around the country have faced criminal charges after their pregnancies ended in miscarriage or stillbirth. Experts believe these cases have risen since states began banning abortion, though most often women are charged not under abortion bans but existing statutes including homicide, abandonment of a body and abuse of a corpse. And they believe these cases will continue to climb, as more prosecutors feel emboldened by state abortion bans; as more states consider laws that would give full legal rights to fetuses and embryos; and as more police investigate miscarriages as potential abortions.
“We are seeing more cases of pregnancy loss resulting in charges, certainly in the four-plus years that I’ve been at the organization,” said Dana Sussman, senior vice president of the legal nonprofit Pregnancy Justice, which researches pregnancy criminalization in the U.S. and helps defend people who have been charged with crimes related to their pregnancies. “Increasingly we are seeing law enforcement view pregnancy loss as a suspicious event — as a potentially criminal event — as opposed to a health concern, a health crisis.”
Women have faced pregnancy criminalization for decades, especially under drug laws and at a higher rate for those who are poor or people of color like Watts, who is Black. Pregnancy Justice has tracked more than 1,800 pregnancy-related arrests and detentions between 1973, when Roe v. Wade was decided, and 2022, when the decision was overturned. But in the first year after Dobbs, Pregnancy Justice documented 210 pregnancy-related prosecutions, the most they’d found in a single year since they started this research. And 22 cases involved pregnancy losses similar to Watts.
“It still remains a very, very, very tiny percentage of all people who experience pregnancy loss or who are pregnant, so I don’t want to create unwarranted fear,” Sussman said. “But one is too many, and 22 is certainly too many. And the more we normalize the idea that abortion is criminalized and your behavior during pregnancy is something that law enforcement can investigate, can make judgments about, can use as evidence against you, we will see more of these cases.”
Reproductive rights legal advocates say police have become increasingly suspicious of miscarriages, in states with bans, like Idaho, but also in states with more liberal abortion policies. The majority of states that allow abortion cut off access at between 22 and 24 weeks of pregnancy, which is an approximate estimate of when fetuses could survive outside of the uterus with medical intervention. An estimated 10% to 20% of known pregnancies end in miscarriage. The American College of Obstetricians and Gynecologists says it is difficult to determine the cause of a miscarriage or stillbirth.
According to Pregnancy Justice’s most recent numbers, Alabama prosecutes more pregnant people than any other state — 104 of 210 prosecutions in 2023. Many are concentrated in Etowah County, which in recent years has cracked down on drug use while pregnant, using a 2006 chemical endangerment law intended to protect children from meth labs, according to a 2023 AL.com analysis. The Etowah County District Attorney’s Office did not respond to a request for comment.
Sussman said evidence of direct harm caused by women in pregnancy-related prosecutions is often thin, and that these cases are often more about emotion than science. Some women who delivered stillbirths have been convicted of murder or manslaughter based on the hydrostatic lung test, also known as the lung float test, a widely discredited idea dating back centuries that involves putting fetal lungs in a container of water: If they float, the baby must have been born alive, goes the theory. But medical examiners say these tests are deeply flawed and that air can enter the lungs of a stillbirth in many ways. After being sentenced to 30 years in prison on the basis of the lung float test, Moira Akers, of Columbia, Maryland, was this year ordered a new trial.
Sussman said serious charges are often dropped or reduced in the pregnancy loss cases, upon investigation and with autopsies, but by then, many of the harms of incarceration have already taken hold. She said charges can result in reputationally damaging news headlines, as well as loss of custody of their other children, housing and employment.
Rafa Kidvai is the director of If/When/How’s Repro Legal Defense Fund, which provides financial support for people investigated for pregnancy outcomes, including bail, bond, court fees, transportation and other expenses. They said the fund’s caseload has been rising since they began offering these services in 2022, with about 30 clients and more than $2.7 million paid in bail and bond. Kidvai said steep charges following a pregnancy loss — including manslaughter and murder — allow for high bails many cannot afford.
“The trends that I’ve seen are more cases in volume, higher bails, more intense prosecutions across the board, and the use of pregnancy as a factor, regardless of outcome, being used against someone,” Kidvai said, noting that newer laws around bail in states like Texas have made the Repro Legal Defense Fund’s work more challenging.
When Watts miscarried in September 2023, an Ohio abortion ban had already been blocked and abortion was legal until around 22 weeks’ gestation, right around the time Watts was losing her pregnancy. She was not charged under the abortion law but under a statute typically applied as an enhancement to murder.
“A lot of the cases in Ohio are, you kill somebody and dismember them in order to hide the body, or you kill somebody and set the body on fire in order to conceal it,” Brady said. “When you talk about abuse of a corpse, that’s what we’re talking about. We’re absolutely not, under any circumstances, talking about having the miscarriage and then disposing of the products of conception. That is very clearly not what this law is for or how it has historically been used.”
The city prosecutor who advanced Watts’ case took issue with how Watts disposed of the fetal remains, and how she “went on (with) her day,” though county prosecutors sided with the grand jury’s decision not to indict. But Watts’ personal situation continued in the public eye. She told the Tribune Chronicle she was “swatted” that first Christmas after her pregnancy loss.
Brady said that through discovery, Watts’ legal team is hoping to understand why there were alleged delays in Watts’ care within Mercy Health, which is a Catholic hospital system. Miscarriage care delays and denials have cropped up all over the country in the wake of state abortion bans, but also before Dobbs, especially at Catholic hospitals.
Attorneys representing the hospital and named medical staff, in its response brief, argue that Watts forfeited care when she signed a waiver and left against doctors’ advice. Watts claims she waited for several hours without miscarriage treatment before leaving the hospital two separate times, even after she’d agreed to doctors’ proposed treatment, which was to induce labor rather than give her a common second-trimester abortion procedure. Last year CBS News, after reviewing hundreds of medical records, reported that Watts waited for nearly 20 hours at the hospital over two days, begging to be induced while doctors waited for approval from an ethics team.
“There has to be a shift in the risk analysis here of what is more risky,” Sussman said. “Is it more risky to turn over your patient to law enforcement, or is it more risky to give the patient the care that she needs in the moment and not turn her over to law enforcement?”
More states propose adopting legal personhood for embryos, abortion-homicide laws
Many state abortion bans include an exemption from criminal prosecution for the pregnant person, but women who have had abortions have been prosecuted under other laws. A Nebraska teenager was sentenced to 90 days in jail after taking abortion pills her mother ordered online for burning and burying the fetal remains, under a law related to the removal of human remains.
But for the past three years, an extremist faction of the anti-abortion movement has been trying to apply homicide charges to pregnant people in order to further curb abortion rates that have continued to climb, with the availability of abortion pills. This year, “equal protection” model bills crafted with the help of groups like Abolitionists Rising and the Foundation to Abolish Abortion, were introduced in several states, including: Georgia, Indiana, Kentucky, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, and Texas. Most of these bills died in committee, but activists said they’ve seen more support from state lawmakers than in any other year.
“So far this year, 122 state lawmakers have sponsored equal protection bills, easily eclipsing every other past session,” said Bradley Pierce, a constitutional attorney and president of the Foundation to Abolish Abortion, in an email. He said 16 such bills were introduced in 14 states this year. “We had 21 initial bill sponsors in both Georgia and Texas, as well as 17 in Idaho. We also had 16 lawmakers vote for the bill on the floor of the North Dakota House, which is a new record.”
Pierce noted that recently the Oklahoma Republican Party censured four state lawmakers who voted against one of these bills in committee. He said these laws should not apply to miscarriages but that it would be under states’ criminal justice systems to handle cases of “suspected prenatal homicide.”
T. Russell Hunter, the executive director of Abolitionists Rising, based in Norman, Oklahoma, says induced abortions are indistinguishable from homicide, and he blames the more mainstream anti-abortion movement for opposing bills his organization pushes, which would subject women to homicide charges. A father who says he lost two children to miscarriage, Hunter said spontaneous miscarriages and stillbirths should not be prosecuted like abortions. But he supports investigations depending upon if the pregnant person used drugs, how they disposed of the fetal remains, and perceptions around their emotions.
“I don’t think that all miscarriages need to be investigated,” Hunter said. “One, people who actually have miscarriages are terribly sad. You know immediately; it’s not like you have to investigate this person.”
Students for Life of America CEO Kristian Hawkins calls the abortion abolitionists “pro-prosecutionists” and says they are detrimental to the anti-abortion movement. The organization did not respond to an interview request, but on her podcast, Hawkins said women should not be prosecuted for having abortions — until culture and more laws have changed.
“There’s those who say prosecute women and abortionists now. There’s those who say prosecute the abortionist now and perhaps women later, after culture and laws are changed. And then there’s a third class of folks that’ll say never prosecute women but you can prosecute abortionists now or later,” Hawkins said. “The vast majority of us, including myself, in the pro-life movement are in that mid-category, because that makes the most logical sense. It allows us to move the ball forward in good faith to save as many lives as we can right now while working to change culture, elect actual political leaders who will agree with us.”
More states are passing laws that could potentially lead to investigations at the same time that a federal judge recently struck down a federal health privacy rule for legal abortion care. West Virginia Gov. Patrick Morrisey recently signed into law House Bill 2871, which expands the vehicular homicide offense to include aggravated vehicular homicide and clarifies that victims can include embryos and fetuses. The West Virginia Prosecuting Attorneys Association recently said women who miscarry are not required to notify law enforcement or face potential criminal prosecution, after a prosecutor warned that residents who miscarry could face criminal charges under the state’s strict abortion ban.
At least 38 bills containing personhood language have been introduced across 24 states this year, according to a new report from the State Innovation Exchange and Guttmacher Institute, both of which support abortion rights. Personhood language in some state laws has allowed prosecutors to push for harsher sentences when pregnant women are killed, abused or injured. But the laws have also allowed women to be prosecuted for child endangerment for substance use while pregnant. And experts say these laws could also enable states to force medical interventions against a pregnant person’s will.
Moving in the opposite direction, this year, Washington Gov. Bob Ferguson signed into law the Dignity in Pregnancy Loss Act, to prevent the criminalization of pregnancy outcomes, outside of unlawful or suspicious circumstances, similar to California’s. It also requires jails, prisons, and immigration detention centers to report pregnancy losses to the state annually.
Last updated 12:34 p.m., Jun. 25, 2025
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
The post More miscarriages criminally investigated three years into post-Dobbs abortion bans appeared first on westvirginiawatch.com
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This article presents a detailed examination of the consequences following the Supreme Court’s Dobbs decision, focusing on the criminalization of pregnancy loss and the broader impact on reproductive rights. The language and framing emphasize the trauma faced by women, highlight legal and ethical concerns, and include voices from reproductive rights advocates and legal experts critical of prosecution practices. While it covers perspectives from anti-abortion advocates and lawmakers, the tone leans toward supporting abortion access and critiques the expansion of punitive measures. Overall, it reflects a Center-Left bias by advocating for protections against criminalization while acknowledging the complexity of the legal landscape.
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