$2.3 Million Approved for Processing of Backlogged Sexual Assault Kits in Dallas

A total of 1,899 sexual assault kits submitted to the Dallas Police Department remain untested. Of those, 1,053 date back before 2011.

"From 2011 to 2019, the sexual assault kits we are still holding are at 846," said Albert Martinez the executive assistant chief of the police department.

The kits, "from 2019 to the present, are being tested every night before those 90 days," as required by legislation, Martinez said.

In 2019, Texas lawmakers passed House Bill 8, also known as the Lavinia Masters Act. The law requires crime labs to test a sexual assault kit within 90 days of receiving a request.

The law is named after Lavinia Masters, a survivor and activist. Her rape kit remained untested for more than two decades. Although progress has been made to reduce the backlog, Masters said more needs to be done to expedite the process.

"It's kind of irritating to hear that number," Masters said. "Very frustrating because I know those are victims that are waiting for answers, survivors waiting for answers about their case. Will (the testing) be done in time for justice?"

The law also extends the criminal statute of limitations for cases that have not been tested. However, Masters said it's about bringing justice and closure to survivors and their families.

"I know Dallas is a major metroplex, a lot of crime and things of that nature; it is still a lot," Masters said of the backlog.

Dallas City Council also wants survivors to have answers and justice. On Dec. 14, council members approved an estimated $2,345,887.45 for the Dallas Police Department.

The council approved "a three-year cooperative purchasing agreement for sexual
assault kits and processing services for the Police Department with Bode Cellmark Forensics, Inc. through the General Services Administration cooperative agreement."

"The forensic tools here will assist in expediting the submission and testing of such kits to help investigate and solve crimes," said District 13 Dallas City Councilwoman Gay Donnell Willis.

Dallas PD said the current backlog is due in part to COVID-19 and their partner lab's staffing shortages.

"We don't have our own lab, so we rely on the Southwest Institute of Forensic Sciences, or (SWIFT) as we call them," Martinez said. "SWIFT has been doing testings for these backlogs. But part of what affected them was the staffing, and then the coronavirus pandemic affected them as well. So, that really slowed us down from 2020, 2021. And then we started picking up speed again."

Now, they'll also outsource to Bode Technology.

"We actually got started with the processing of backlogged sexual assault kits in 2000, with working in a large backlog with the city of New York City," Mike Cariola CEO & President, Bode Technology said. "Today we do anywhere from 10 to 20,000 forensic cases a year, and that comes from mostly around the United States. City, states, federal government, and that includes sexual assault homicides (and) property crimes."

The cost of testing a single kit can range from $1,000 to $5,000, depending on the technology used.

"Our job is to try to identify foreign DNA," Cariola said. "Within a single case, there could be anywhere from three to eight items of evidence within a single kit that are tested as well. So you're talking thousands of samples even for a project like that."

Bode was selected based on its track record with agencies, including the Texas Department of Public Safety, Houston Police Department and Dallas County Sheriff's Department.

"We are accredited to the same standards as the Texas DPS and other public laboratories," Cariola said. "We follow the same standards, utilize the same technology as those public labs."

While the money was approved by Dallas City Council, the contract agreement and payment to Bode Technology has not been finalized. According to Martinez, Dallas PD hopes to have that ready by March.

For Masters, it's another step forward in the right direction.

"I'm always excited anybody is willing to help us in this process," Masters said. "It's just amazing."
Masters continues to advocate for and empower survivors of sexual assault through her nonprofit, Hope Saves Ministry.