DNA evidence is often a key factor in attaining justice for victims of sexual assault, but a new state audit shows a large backlog of rape evidence kits, particularly in the City of Oakland.
The audit, released last month by State Attorney General Xavier Bacerra, found nearly 1,200 untested rape kits at the Oakland Police Department, the second highest of any other law enforcement agency in California. A majority of the kits stem from cases before 2016.
Alameda County District Attorney Nancy O'Malley, who has spearheaded a nationwide effort to test all rape kits, told KCBS Radio the number comes as a shock.
"It's very bizarre to me," O'Malley said. "It was much to my surprise because of how much time we had spent on this issue."
A standard rape kit includes swabs from different parts of a victim’s body, such as hair or fingernails, that might include DNA from the perpetrator.
For various reasons, police agencies do not always test all the kits they collect.
About 4,800 kits were not tested statewide because the victim did not pursue prosecution. Another 3,000 kits remain untouched because the case could not be investigated or prosecuted, according to the audit.
"The case is unfounded, meaning there's not enough evidence that a crime occurred, so they simply decline to submit the kit," O'Malley explained.
In fact, O’Malley contends some cases have turned out to be provable in court. Nearly 14,000 untested kits have been reported across the state - the most at the San Diego Police Department - but because less than a third of law enforcement agencies have responded, that number is likely much higher.
O'Malley is calling for more law enforcement training when it comes to handling the rape kits, so more victims can receive the justice they deserve.
"We owe it to that victim and any other potential victim to test the kits to see if we have a sex offender, a serial sex offender and to remove sex offenders from the community," O'Malley said.