Background on Washington’s Sexual
Assault Evidence Kits
Sexual assault occurs every two minutes in the United States. After one of these crimes is committed, material may be collected at a medical facility from the survivor, to be preserved in a sexual assault evidence collection kit. DNA results generated from evidence within these kits has the power to identify perpetrators, exonerate the innocent, and link other cases together. Most importantly, every kit collected represents a survivor of sexual assault. With contributions from important legislation over the recent years, the Washington State Patrol Crime Laboratory Division is working to track and test the sexual assault evidence collection kits in Washington.
Frequently Asked Questions and Survivor Resources
What is included in a sexual assault evidence collection kit?
A kit contains exhibits collected during a forensic examination of the individual who was assaulted, and these exhibits are intimate samples from the body, including orifice swabs, skin swabs, fingernail swabs, and sometimes underwear worn immediately before the exam. The kit will also contain a known reference standard from the individual to help in downstream DNA comparisons for the case. The number and type of exhibits inside the kit will vary depending on the circumstances of the assault.
What is DNA and why is it valuable to investigating sexual assaults?
DNA is found in cells and provides the genetic information necessary for life. Although most of our DNA is the same from person to person, there are specific regions of DNA that vary, leading to our uniqueness (with the exception of identical twins). Sources of DNA for the laboratory include skin cells, semen, blood, and saliva. When a person has contact with a location or another individual, especially during the crime of sexual assault, it has been demonstrated that they may leave evidence behind containing their DNA. With the sensitive and robust technology used in DNA testing today, forensic scientists have the ability to test this evidence to generate the DNA profile of the perpetrator(s). DNA offers valuable information to investigations by identifying unknown suspects and to assist in holding perpetrators accountable through the judicial system.
How is a sexual assault evidence collection kit tested for DNA at the Washington State Patrol?
The kit’s contents will first be inventoried by a trained DNA scientist. Based on case documentation provided to the laboratory, the most intimate and probative exhibits are sampled and screened for the presence of body fluids and/or foreign DNA. If suitable quantities of DNA are detected, a sample or set of samples are taken forward to generate a DNA profile. The resulting profile is compared to any known reference samples provided with the case, such as the individual the kit was collected from or any suspects. Any DNA profiles that are foreign to the survivor’s DNA profile and are attributed to a perpetrator are then uploaded into the Combined DNA Index System (CODIS) database and routinely searched. The search of the DNA profile can then provide investigative leads for the case by linking evidence profiles from other cases, as well as linking the unknown DNA profile to a known offender.
I had a kit collected at a medical facility but I chose not to report the incident to law enforcement. Will it be tested?
No, it will only be tested if consent by the survivor for testing has been provided and the incident has been reported to law enforcement.
What is the Washington State Patrol doing to improve the backlog of untested kits?
-Technical Expertise:
With the help of legislative funding, a significant number of positions were added to the agency in 2019, yielding a current team of 81 scientists and laboratory technicians that make up the DNA program. Every one of these individuals is essential to the SAK testing initiative and provides the expertise to analyze the kits and testify to their findings, as well as running the statewide DNA CODIS database operations.
-High-Throughput Operations:
With legislative and grant funding, a new high-throughput laboratory space was constructed in the Vancouver Crime Laboratory in 2020. This facility houses necessary robotic instrumentation for a streamlined and efficient workflow to accommodate the increase in samples.
-Continuous Improvement:
The field of forensic DNA testing is rapidly evolving and more efficient and robust methods are often on the horizon. The WSP will leverage best practices for efficient testing methods, the expertise of our senior scientists, and the fresh perspectives of our newest trained scientists to evaluate and improve workflows to meet the increased need for testing. All with a lean problem solving approach and a focus on the customer.
-Outsourcing:
To increase testing capacity, the WSP has the ability to outsource eligible kits for testing to a private and accredited testing laboratory. These vendor laboratories have procedures that have been reviewed and approved by the WSP technical leader, and the WSP takes ownership of the resulting DNA data for entry into the CODIS database.
When might a request for testing of a SAK be cancelled?
Upon intake into the laboratory, a request to test an SAK is reviewed. Although uncommon, the request may be cancelled for a variety of reasons, including:
-the WSP determined a kit has already been tested
-a request is a duplicate of another submission
-the evidence submitted is not an SAK (often this ends up being blood or urine, which is not part of forensic DNA testing)
-the agency later determines the SAK no longer exists
-the SAK will be tested by another entity, such as the FBI or the Armed Forces DNA Identification Laboratory.
Where can I find survivor resources?
The Attorney General’s Office’s Sexual Assault Kit Initiative (SAKI) page provides a diverse range of resources for survivors that can be found here .