Q: WHAT IS A SAFE KIT

 

A sexual assault kit is also called a SAFE (sexual assault forensic examination) kit, SAK (sexual assault kit) or rape kit. The kit is collected at a hospital or local rape crisis center as part of a medical forensic examination after a sexual assault. This might include swabs of any area where there was contact between the victim and the perpetrator, blood and hair samples.

​

Q: WHO DOES THE EXAM?

​

A: Ideally, a sexual assault nurse examiner (SANE) conducts the SAFE exam, but it can be done by any doctor, sexual assault nurse examiner, or other qualified health professional. Hospitals that provide emergency services in Kentucky are required by state law to conduct these exams, regardless of whether a SANE is on staff or on call. State law also requires the provider to contact the local rape crisis center to provide advocacy services to the survivor.

​

Q: WHY IS THE KIT COLLECTED?

​

A: The kit is intended to help in the collection and preservation of potential evidence in a sexual assault case. Biological evidence (such as blood, saliva, and/or semen) can be tested to identify DNA from the perpetrator. Police and prosecutors may use this evidence to help them investigate and prosecute a case, and potentially solve other crimes.

​

Q: WHAT IS DNA AND WHY IS IT SO IMPORTANT?  

​

A: DNA stands for deoxyribonucleic acid. It exists in human cells, such as in blood, bone, teeth, and hair, and is like a blueprint for how each human should be built. DNA is similar to fingerprints. Each person has unique fingerprints and each person (identical twins excluded) has unique DNA unlike anyone else. It can be used to identify a perpetrator, confirm a perpetrator’s identity, or exonerate a suspect accused of a crime.

​

Q: WHAT HAPPENS AFTER A KIT IS COLLECTED?

​

A: If a survivor decides to make a police report about the sexual assault, the health care provider will turn over the completed SAFE kit to law enforcement. State law enacted in 2016 requires law enforcement to submit ALL kits to the Kentucky State Police Forensic Laboratory for analysis. In the past, kits were not always submitted for a variety of reasons. Trained scientists analyze the evidence in the kit for DNA. It is possible that they won’t find any DNA. If that is the case, investigators will determine if other evidence could be submitted for forensic analysis.

​

Q: WHAT HAPPENS IF DNA IS FOUND?

​

A: Analysts will create a DNA profile and enter it into a national DNA database called CODIS. The goal is to identify a suspect if the identity is unknown and/or connect an offender to DNA from other crimes.

​

Q: HOW DOES CODIS WORK?  

​

A: CODIS stores DNA profiles. If there is a match between a new DNA profile and an existing DNA profile in CODIS, it comes back as a “hit.” The hit can be to a known individual and/or to DNA from other crimes. The new DNA profile will also be stored in CODIS for future searches. 

​

Q: IF THE PERPETRATOR IN A CASE IS ALREADY KNOWN, WHY IS THE DNA IMPORTANT?

​

A: DNA can be used to connect a perpetrator to other crimes he or she has committed. It also may aid in prosecution.

​

Q: WHY WEREN'T SOME KITS TESTED?

 

A: There is not necessarily a good answer to the question of why kits were not tested at the time of the sexual assault. Common examples of cases in which a kit was not submitted to KSP for testing are as follows: the perpetrator admitted to sexual contact but claimed that the contact was consensual; the perpetrator admitted to nonconsensual sexual contact and pleaded guilty; the survivor declined to participate in prosecution and/or could not be located following the report. 

​

Q. HOW IS KENTUCKY ADDRESSING PREVIOUSLY UNTESTED SAFE KITS?

​

A: In 2015, the Kentucky legislature passed a resolution requiring a count of untested SAFE kits. Following the completion of the count, the Manhattan District Attorney’s Office awarded the Kentucky State Police (KSP) Forensic Laboratories funding to test 3,300 previously unsubmitted kits.

​

In 2016, the Kentucky legislature passed the Sexual Assault Forensic Evidence Act (“SAFE” Act) mandating the testing of all SAFE kits, establishing deadlines for testing, and creating mandatory policies and training for law enforcement on sexual assault and other changes. 

​

In 2017 and 2018, the U.S. Bureau of Justice Assistance awarded the Kentucky Attorney General funding to test previously unsubmitted sexual assault kits, investigate and prosecute cases, and re-engage survivors. The Attorney General used this funding to create the Sexual Assault Kit Initiative (SAKI) Cold Case Unit, a team comprised of a prosecutor, law enforcement agent, victim advocate and coordinator whose efforts are solely dedicated to previously unsubmitted sexual assault evidence kits.

​

​

Q: SHOULD LAW ENFORCEMENT NOTIFY ALL VICTIMS OF TESTING RESULTS?

​

A: We recommend law enforcement collaborate with community advocates to determine when and how to notify survivors and to conduct this notification with a community advocate when appropriate.

​

Q: SHOULD SURVIVORS BE CONTACTED EVEN IF THERE IS NO DNA MATCH OR PROSECUTION ISN'T PLANNED?

​

A: Survivors have the right to decide whether they want this information, rather than having others make that decision for them. In addition, if a DNA profile is generated but there is no immediate match in CODIS, notification is recommended because it is still possible for a hit to occur in the future.

​

Q: WHAT IF SURVIVORS ARE NOT SURE THEY WANT TO BE NOTIFIED?

​

A: If survivors are contacted but need time to decide whether they want to know the results, investigators and advocates should give them space to process the situation and make a decision.

​

Survivors have a right to change their minds at any time and end contact and involvement. 

​

Q: WHO SHOULD CONTACT SURVIVORS?

 

Ideally, law enforcement and community advocates would work together to contact and notify survivors of results. The notification team may be expanded to include representatives from the local prosecutor’s office and children’s advocates, if the survivor was a juvenile when the assault occurred.

​

Q: WHERE AND HOW WILL COMMUNICATION REGARDING KIT RESULTS TAKE PLACE?

​

A: Initial contact should happen via phone in order to set up an in-person meeting, if the survivor so chooses.

The in-person meeting may be at the local sexual assault crisis center, the police station, or a safe place of the survivor’s choice.

​

Q: IF A SAFE KIT IDENTIFIES A PERPETRATOR, DOES LAW ENFORCEMENT TRACK THEM DOWN?

 

A: Law enforcement should make every effort to locate the perpetrator before contacting survivors and will likely have the answer to this question. Keep in mind that while it is relatively easy to locate an individual who is in custody, on probation/parole, or deceased, individuals living outside of those parameters may be more difficult to track down. When a more time-consuming search is required, local law enforcement agencies are encouraged to utilize the SAKI team investigators.

​

Q: WHAT IF THE PERPETRATOR IS INCARCERATED? 

 

A: If a perpetrator is incarcerated and victims would like to be notified of their release, it is possible for them to register with Victim Information and Notification Everyday (VINE), an online database that will notify victims every time an inmate is moved to another facility, up for parole or released from incarceration. Victim information is confidential and will not be released under any circumstances. However, the service is only as accurate as the information is current, therefore victims must update VINE any time an address or phone number changes to continue receiving updates.

​

Q: HOW OFTEN WILL CONTACT OCCUR?

​

A: Survivors may discuss with the notification team how often they’d like to be contacted, by whom, and how. Depending on the results, contact may be ongoing for an extended period of time. For example, a case may advance to criminal prosecution and extensive contact may be warranted.

​

All available information regarding the kit may be provided at initial contact, at an in-person meeting, or whenever the survivor is ready to be informed.

​

Survivors should receive updates if any additional information is discovered, if they so choose.

​

Q.HOW DO VICTIMS FIND OUT MORE?

​

A: We are here for you! Whether your questions are immediate or years down the line, you have a network of people who are dedicated to helping you find answers. If you’re not sure where to begin, the Office of the Attorney General’s SAKI Cold Case Unit is a good first step. The KySAKI team is honored to partner with prosecutors, law enforcement agencies, victim advocacy centers and the KSP forensic laboratory, and will be happy to provide answers or connect you with the appropriate individuals or agencies. To speak with a member of the KySAKI Cold Case Unit, please call 502-696-5300.

​

​

Q: WHAT IF THERE IS LITTLE OR NO DNA EVIDENCE IN A KIT?

 

A: In the context of a cold case in which all other investigative leads have been exhausted, a negative kit will generally mean the end of a case. If DNA evidence is not found, it does not mean that the sexual assault did not occur. The perpetrator may not have left DNA, it may have been washed off, or the sample degraded over time. Any number of variables could have affected the ultimate result.

 

​However, a crime analyst works to enter qualifying case details in the national database ViCAP (Violent Criminal Apprehension Program) to try to solve a case. Data in ViCAP can reveal offender conduct and behavior, thus allowing criminal justice professionals to link offenders to multiple unresolved cases. 

​

Kentucky has enacted new laws requiring that sexual assault evidence kits be stored for at least 10 and as many as 50 years. Part of the reasoning behind this law is that forensic science is constantly evolving and improving. It is possible that a future scientific breakthrough will enable analysts to detect DNA and develop a profile in cases where it is currently impossible.

​

Q: WHAT IF THERE IS NO HIT IN CODIS?

​

A: Having a perpetrator’s DNA does not always give us their identity. Without a suspect to compare it to or a hit in CODIS, DNA is merely another investigative tool. However, unless a victim has indicated that they want their case to be closed, the DNA profile will remain in the databases indefinitely. If the same individual has committed or does commit a future crime in which DNA is obtained, there’s a strong possibility that this profile will be entered into CODIS and it will match to the case.

​

In some cases, testing forensic evidence or searching CODIS may not lead to identifying a suspect, the sexual assault investigation can still move forward, even without a CODIS hit. In instances like these, investigators may employ Forensic Genetic Genealogy (FGG) analysis to continue building a case or identifying leads. FGG analysis uses innovative evidence testing, analysis, and genealogical research by combining DNA analysis with traditional genealogy research to generate investigative leads for unsolved violent crimes. FGG allows DNA samples from unsolved cases to be compared to samples collected from publicly available genetic genealogy services to identify familial relationships associated with samples from unsolved cases. If an association is detected, a lead is generated that can then be used by law enforcement to advance their investigation.

​

Q: WHAT IF THE KIT WAS COMPROMISED OR DESTROYED?

 

A: The unfortunate truth is that not all of the kits could be tested. In some cases, the kits were stored improperly and any DNA evidence they may have contained was contaminated or compromised. In other cases, the kits were destroyed before they could be tested. If either of these scenarios apply, victims should know that this does not change the level of our dedication to them or their case. As with any sexual assault victim, we are committed to empowering victims with information about their case and connecting them with service providers who can help guide them through the healing process.

​

Q: WHAT WILL HAPPEN IF A CASE IS PROSECUTED?

​

A: The criminal justice process can be difficult to navigate. The Attorney General's Office also has developed a guidebook for victims to understanding their rights and the legal system in Kentucky.

​

An advocate will be available to help guide survivors along this process. These steps will be communicated more clearly as they relate to specific cases.

​

Note: Each case is unique and not all cases will advance to prosecution.

​