- Safe Kit Tracking

5083
Kits Collected

1070
Kits Not Reported

2340
Kits At Lab

2340
Kits Completed

KSP Central Lab

The KSP Laboratory worked with law enforcement agencies to have the kits submitted to the laboratory where they were labeled as “Sexual Assault Initiative Cases” and grant money was sought to have the cases worked.

In the 2015 Kentucky legislative session, Senate Joint Resolution 20, sponsored by Senator Harper-Angel, directed The Kentucky Auditor’s Office to conduct an audit and determine how many un-submitted kits are stored at all Kentucky police agencies. Their inquiry resulted in the submission of more than 3500 kits in addition to the 315 that the laboratory had already located.

Forensic Laboratory Testing Process

Your evidence kit is received at the laboratory from a police department where it is logged into the computer system and put into the line for analysis
When your kit reaches the front of the line it will be assigned to a forensic scientist for testing
The first tests we do are to look for the presence of semen and/or saliva
When that testing is complete, the first lab report is then issued to the police agency letting them know what we did or did not find something that can be DNA tested
If no semen or saliva was found, the analyst will ask the officer about any additional items that may be available for testing.
If semen and/or saliva are found, the positive samples go on for DNA testing
DNA is extracted and then we measure to see how much is there
If there is enough present, it will be analyzed to see if a DNA profile can be obtained
If a DNA profile is obtained, it will is compared directly to the DNA of the suspect or if there isn’t a suspect, it is searched against a national DNA database of DNA profiles that come from other crime scene samples, convicted offenders, and arrestees from certain states.
If there is not enough DNA extracted from the samples to produce a DNA profile, the analyst will contact the officer about any additional items that may be available for testing
A second report is written and issued to the police agency to let them know is a DNA profile was obtained, if it matched the named suspect, and/or if it was added to the DNA Database for searching purposes
A “hit letter” is sent to the police agency if the DNA profile matches to a convicted offender or an arrestee in the DNA database.
A “hit letter” will also be sent to the police if the DNA profile from the semen or saliva matches the DNA profile of an unsolved case in the DNA database.

Possible Test Results

Serology Negative: Serological testing determined there were no body fluids present for DNA testing. The police agency will be contacted to see if there are any additional items appropriate for testing.
Serology Positive: Serological testing determined the presence of a biological fluid and samples are going forward for DNA testing.
DNA Completed – No Profile Developed: DNA testing was completed but a DNA profile from the perpetrator was not obtained
DNA completed – Profile Developed: A DNA profile from the perpetrator was obtained and can be compared to the DNA profile for a named suspect or reached in the DNA database, CODIS.
DNA Completed – Additional Testing Required: Some DNA was extracted but not enough to develop a profile from the perpetrator, additional testing is being conducted.
DNA Hit in CODIS – Not yet: The perpetrator profile has been entered into CODIS and has not resulted in a match in the past 90 days.
DNA Hit in CODIS – Hit Reported: The DNA profile of the perpetrator has been matched within the past 90 days to a convicted offender, a felony arrestee from certain states, or to a another open case. Please contact your investigating agency.

What is a safe kit?

A sexual assault kit is also called a SAK, SAFE (sexual assault forensic examination) 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.

Who does the exam?

Ideally, a sexual assault nurse examiner (SANE nurse) conducts the SAFE exam, but it can be done by any doctor or nurse. Hospitals that provide emergency services in Kentucky are required by state law to conduct these exams, regardless of whether a SANE nurse 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.

Why is the kit collected?

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.

What is DNA and why is it important?

It stands for deoxyribonucleic acid. It exists in human cells, like 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, except for identical twins, 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.

What happens after a kit is collected?

In instances where the survivor chooses not to report the assault to the police, the hospital is required to securely store the kit for 1 year either at the hospital or with whomever they have an agreement with for the storage of kits.

What happens if DNA is found?

Analysts will create a DNA profile that can be used to confirm the presence of a known suspect. In addition, the DNA profile is entered into a national DNA database called CODIS to identify a suspect if the identity is unknown and/or connect an offender to multiple crime scenes.

How does CODIS work?

CODIS stores DNA profiles from crime scene samples and convicted offenders and even felony arrestees in some states. When a new DNA profile is created following a crime, it is entered into CODIS. If there is a match between the new DNA profile and an existing DNA profile in CODIS, it comes back as a “hit.“ This could be a hit between a crime scene sample and an offender/arrestee or match to another case with the same unknown suspect. The new DNA profile will also be stored in CODIS for future searches.

If the perpetrator is already known, why is the DNA important?

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

What do I do if I changed my mind and would like to report my case to the police?

Please contact law enforcement in the area of the assault and let them know which hospital the kit was collected so that they can arrange pick up and submission to the laboratory. Hospitals are only required to store the kit for 1 year from the date of the exam.

Defendant is officially notified of the charges against him/her and, unless the defendant plead guilty, a preliminary hearing is set.

Determines whether there is sufficient evidence to charge the defendant. If the court finds that sufficient evidence exists, the case proceeds to circuit court. The first step in circuit court is the Grand Jury.

The prosecutor presents all evidence to the Grand Jury. The Grand Jury is a group of twelve citizens chosen at random who decide whether to either dismiss or indict the charges against the defendant. If the crime is indicted, meaning formally charged, the case moves on.

Defendant is notified of the indicted charges. Unless the defendant pleads guilty, the case proceeds and the court sets a “Status Hearing” date and a “Pre-trial Conference” date.

The prosecutor and the defendant’s attorney discuss evidence and possible plea bargains (if any).

Status hearings continue throughout the disposition of a criminal case. These hearings keep the judge, prosecutor, defendant and defense attorney informed of the status of the case. Motions by either party may be filed during this time. The defendant may plead guilty or set a date for trial.

At any point in the process, the defendant may plea to the original charge or to an amended charge. The prosecutor shall consult with you as the victim before any plea agreement.

If the defendant does not plea, the case will go to trial. You may or may not be called as a witness in the trial. A victim advocate may be available to support you during the trial.

Once the defendant has pled guilty or is convicted by a jury, he/she goes before the court for a sentencing hearing. The victim has the opportunity to write a victim impact statement to read in open court and/or submit for the court to read prior to sentencing

Typically, a convicted defendant will file an appeal. The grounds for an appeal are not always legitimate and a court will deny the request. However, it is always good to be prepared for the potential of a successful appeal. If the defendant’s conviction is overturned in the appeals process, the case may have to be prosecuted again. You will be contacted by victim advocates with the Office of the Attorney General if your case is appealed.

KIT TESTING