Status on Rochester Untested Rape Kits

Here is some followup information. I was asked to look into how many untested rape kits Rochester has and what their status is.

Here is the information from Law Enforcement:

In 2015 the Rochester Police Department audited all untested sexual assault nurse examination kit
(SANE kits). During this audit 146 SANE kits were identified as not being tested. In 2019 another audit was done and found an additional 31 untested SANE kits from 2015 to 2019.

The Rochester Police Department has done a thorough review of all 177 untested SANE kits and found:

  1. Sixty six SANE kits involved a victim refusal to test or the victim was not able to be
    located. [Note – every victim is offered advocacy assistance.]
  2. Forty nine SANE kits are tied to cases that were declined prosecution or dismissed by
    the County Attorney’s Office.
  3. Seventeen SANE kits were prosecuted and convictions were obtained without the kits.
  4. Five SANE kits should not have been completed, no sexual assault occurred.

In July of 2018 the Rochester Police Department changed policy to require all sexual assault cases be
sent to the County Attorney for review. Since July of 2019 only two SANE kits were not tested. One
involved a dismissed case and the other involved a victim refusal.

In January 2019 the Rochester Police Department changed policy to require investigators collect all
SANE kits that have victim permission within 10 days of the exam and to send the SANE kits to the BCA
within 60 days of the exam. Since January of 2019 one SANE kit was not sent because there was not
permission from the victim. State Statute prevents SANE kits from being tested without consent.

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