New audit reveals new concerns with state oversight of sexual assault evidence kits

25 Investigates is getting new insight into the oversight of sexual assault evidence kits in our state. Boston 25 News has covered the backlog of kits and processing delays for years.

Anchor and investigative reporter Kerry Kavanaugh spoke one-on-one with the State Auditor about the findings of a new audit revealing concerns around this important evidence continues.

The audit examined sexual assault evidence collection kits in the care of the State Police crime lab July 1, 2020, to October 31, 2022.

“These are not just numbers attached to these kits. These are lives and they need to be taken seriously,” said State Auditor, Diana Dizoglio.

The audit, which began under the previous auditor, indicates delays in how the vital sex crime evidence is processed, confusion surrounding where the kits are being stored, and how personal victim information is protected.

“People fear coming forward for fear being exposed to those who they are accusing,” Dizoglio said. She says any of these issues can leave rape kits vulnerable to being lost or tampered with.

According to the report, auditors conducted spot checks.

In a batch of 35 kits, nearly of third, or 11 out of 35 records had personal identifying information, a failure in maintaining survivor confidentiality.

Of 6,502 previously untested kits examined, 47% (3,864) weren’t reviewed in a 90-day window. Some went as long as 161 days, according to the report.

And in a sample of 60 kits, about one-third, or 17 out of 60, had their locations inaccurately labeled.

“Unfortunately, when we addressed this issue with the executive office of public safety, they shifted the blame onto local police departments,” Dizoglio said.

In response to that issue, the Executive Office of Public Safety and Security-which oversees the crime lab responded this way in the report:

“EOPSS will start running a data query that will specify instances in which LLEA’s have not updated track-kit. This will allow EOPSS to proactively contact LLEAs to ensure they are fulfilling their obligation to update the tracking system. With this additional step, EOPPS will be able to know which law enforcement agency to contact and notify that it has yet to complete its role in the track-kit system. EOPPS has also added to the policy manual a quarterly review of all kits that are indicated by lab as “ready for pick up” and missing a lab pick up date. Outreach will take place if a kit is missing the required information.”

25 Investigates contacted EOPSS directly about the audit. A spokesperson told us “Massachusetts is a national leader in sexual assault evidence collection kit testing, meeting an unprecedented 30-day timeframe as compared to the national average of 90 to 120 days. We remain deeply committed to working in close collaboration with our partners to deliver justice, empower survivors, strengthen law enforcement’s response to sexual assault, and improve outcomes. As part of our continued efforts to improve operations, we appreciate the review conducted by the auditor’s office and are carefully reviewing the recommendations to determine further actions.”

“Every day that goes by is another day that victim the survivor of sexual assault to have justice to be served, dealing with that grief dealing with that anxiety, dealing with that fear,” Dizoglio said.

“And it’s another day a perpetrator of sexual assault is walking around in the state of Massachusetts or beyond without that justice being served.”

EOPPS said the backlog of untested rape kits once stood at about 6,500. It’s now down to about 200, they say.

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