Survivors of sexual assault often report spending years anxiously waiting for updates about their cases.
But now, victims in New Jersey are on the verge of being able to track their evidence kits through the chain of custody under a bill that would require the State Attorney General to establish a statewide rape kit tracking system. Legislators and victims’ rights groups said the bill, if signed by Gov. Phil Murphy, will help create more accountability and transparency in the justice system.
New Jersey is one of just 10 states that doesn’t have a rape kit tracking system, according to End the Backlog, a program of the nonprofit advocacy group Joyful Heart Foundation. While a kit tracking system is currently being implemented by the Attorney General’s Office under a federal grant, that funding will eventually run out. Sponsors of the bill said it would codify such a system into law and ensure its existence for years to come.
“When a person who has experienced a sexual assault bravely chooses to come forward, report the crime, and have an evidence kit administered, our state has a duty to ensure that that kit is processed as soon as possible,” said Assemblywoman Michele Matsikoudis, one of the bill’s primary sponsors.
“Creating a tracking system will help provide much-needed transparency and empower survivors to advocate for themselves and help obtain the evidence necessary to achieve successful prosecutions of offenders in a timely manner,” said Matsikoudis, a Republican who represents parts of Morris, Somerset and Union.
At least 40 states and the District of Columbia have implemented a sexual assault forensic evidence, or SAFE, kit tracking system. These web-based systems allow individuals — including victims, law enforcement, hospital or lab staff — to track a kit from the time of collection at a healthcare facility to the transfer to a local law enforcement agency, submission of it to an appropriate laboratory for processing and testing, and final disposition.
Without a SAFE kit tracking system, victims must wait for law enforcement to contact them with updates or seek out the information themselves from the appropriate personnel, which is easier said than done. It isn’t always clear where victims can go for information, according to victims’ rights advocates.
“When survivors don’t know something, it takes an emotional toll and gives a sense of hopelessness. So, any change that could provide survivors more options than they had before and more information, will be a key tool in helping New Jersey support survivors going forward,” said Solange Ramkissoon, survivor services specialist at the New Jersey Coalition Against Sexual Assault, a statewide advocacy organization.
Since a sexual assault can often make victims feel they’ve lost a sense of control, Ramkissoon said giving individuals a way to access case information independently and privately on their own timeline is key.
“That is so important because it allows the survivors to use the system and benefit from the information in real time, that otherwise would have been very difficult to get, without being beholden to a particular personnel to retrieve it for them,” said Ramkissoon.
Nationally, approximately 1 in 6 women and 1 in 33 men have been the victim of attempted or completed sexual assault in their lifetime, according to the Rape, Abuse and Incest National Network. If a victim of sexual assault consents to a physical examination, a rape kit is created to collect physical evidence left after the assault. Once a kit is compiled, it’s sent to law enforcement to be tested for DNA, which can then be used to prosecute the attacker.
Many victims of sexual assault wait years for evidence kits from the worst day of their lives to be tested, according to victims’ rights advocates. Right now, there’s a national rape kit backlog. End the Backlog estimates there are still 100,000 untested rape kits in the United States.
The size of New Jersey’s rape kit backlog is unclear. In fact, advocates and state officials can’t seem to agree whether one exists at all. The Attorney General’s Office did not directly address disagreement over whether it has a SAFE kit backlog, but a spokesperson said, “Attorney General Matthew J. Platkin has prioritized implementing survivor-centered, trauma-informed policies to support victims of sexual assault.”
“He has issued several directives that amend New Jersey’s sexual assault response practices – including one that requires that all SAFE kits, where the victim consents to release to law enforcement, be submitted to the forensic laboratory for testing and that the forensic laboratory notify the Director of the Division of Criminal Justice and the New Jersey State Police Regional Operations and Intelligence Center within seven business days when SAFE Kit test results that have been uploaded to the Combined DNA Index System (CODIS) result in a match to more than one crime of sexual violence,” said Tara Oliver, public information officer for the Office of the Attorney General.
End the Backlog estimates there are 1,208 untested rape kits in New Jersey. Last year, News 12 New Jersey analyzed three years of data on rape kit inventories in the state and reportedly found 2,092 rape kits that went untested in the state from 2020 to 2022.
A 2019 report by the state auditor concluded there was no backlog, however, the audit did find that thousands of kits were going untested for a variety of reasons. The auditor also found “deficiencies concerning the tracking of the SAFE kits,” while citing “inconsistent policies and procedures used by the various law enforcement agencies.”
The fact that thousands of kits were going untested is not necessarily nefarious. A SAFE kit may not be submitted to the forensic labs for a variety of reasons. Once a SAFE kit is collected, it’s up to the victim whether to refer the kit to law enforcement or hold it. A collected kit becomes a “hold kit” when the victim chooses not to report the incident to law enforcement for investigation, opting to instead hold their kit for a minimum of 20 years under state law.
After the 2019 audit report, Gov. Phil Murphy signed a new law directing the Attorney General and the New Jersey Coalition Against Sexual Assault to team up to study how the state handles rape kits. The Attorney General’s SAFE kit survey, published in 2023, reported a total of 11,966 identifiable kits, collected at any time, in the possession of law enforcement statewide.
It’s unclear exactly how many of those SAFE kits were still waiting to be tested. Forensic nurse examiners reported 2,158 hold kits, county prosecutors reported 1,968 hold kits, and 33 law enforcement agencies reported a total of 140 hold kits. The survey’s results were limited because not every agency responded and those that did answer responded between June 2021 and June 2022.
In 2024, the Attorney General’s office said it secured a $2 million federal grant to fund the creation of a statewide SAFE kit tracking system, support evidence storage facility upgrades, and improve survivors’ access to information about the status of their SAFE kits. However, the grant does not guarantee the tracking program will operate in perpetuity
The annual costs of a permanent program are, as of yet, unclear, according to a fiscal estimate prepared by the state Office of Legislative Services.
The bill, which passed both the Senate and Assembly last year by unanimous vote, is headed to Gov. Phil Murphy’s desk.
“It’s my sincere hope that the Governor will sign this bill as swiftly as possible to get this tracking system off the ground and provide survivors with greater clarity and transparency as they seek to obtain justice,” said Matsikoudis.
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Jackie Roman may be reached at jroman@njadvancemedia.com.
