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A rape kit is a tool used by medical professionals and sexual assault service providers to collect evidence of a sexual assault after it has been committed.  A rape kit is sometimes referred to as:

• Sexual Assault Kit (SAK)
• Sexual Assault Evidence Collection Kit (SAECK)
• Sexual Assault Forensic Evidence Kit (SAFE)

These kits include checklists, instructions, collection envelopes, bags and paper sheets, combs, documentation forms, materials needed for blood samples, and swabs. These items are used to collect DNA from sexual assault survivors, whether or not they decide to press charges or seek legal remedies for their assault. 

Support is available for sexual assault survivors. If you or someone you love needs a rape kit, you can easily obtain one. 

Does a Rape Kit Prove Rape?

A rape kit is considered an essential piece of evidence to support whether or not a sexual assault has been committed. A rape kit may be able to collect samples of blood, hair, skin, or other bodily fluids from an assault survivor to prove that an assault occurred.

Conversely, a rape kit may be used to eliminate the possibility that a particular party committed a crime. While rape kits are extremely useful in collecting vital evidence after an assault has happened, they aren’t foolproof. The best way to ensure that a rape kit is most effective is to avoid washing, showering, cleaning, or using the restroom after an assault has occurred, and report directly to the nearest medical facility to have a rape kit administered to you.  

Can You Get a Rape Kit without Reporting to the Police?

You can get a rape kit without reporting an assault to the police. A sexual assault is a life-altering event, so it is understandable if a survivor is not immediately ready to report the crime to the police. However, obtaining DNA evidence from a rape kit allows the survivor to obtain stronger evidence of the assault if they decide to press charges or seek a civil lawsuit in the future. 

Can You Get a Rape Kit Exam without Going to a Hospital?

In some states, you must report to the emergency room to get a rape kit. In other states, you may go to the medical care facility of your choice.

Seeking medical treatment after a sexual assault is an entirely personal choice. It’s important to consider that you may have injuries or sexually transmitted infections that require treatment. In addition, an examination by a rape kit medical provider protects DNA evidence if you later decide to press charges or file a lawsuit against your abuser. 

How Long After an Assault Can You Get a Rape Kit?

The cutoff time for administering a rape kit differs by state. Most states use a 72-hour rule for administering a forensic evidence kit, but some states have tighter deadlines of 24 to 36 hours. If you aren’t sure if you are within your time limit to have a forensic examination performed, contact your local emergency department. 

If possible, reporting to a medical provider as soon as possible after your assault can provide the best possible outcome for DNA collection and preservation. 

What Takes Place During a Sexual Assault Forensic Exam?

The thought of an invasive physical examination after an assault can be overwhelming. Keep in mind that your medical provider is on your side. It may be helpful to have a friend or loved one with you during your exam to give you support. 

Who Performs the Exam?

A medical professional (a doctor or nurse) will perform the examination. After you report to the hospital, any immediate injuries will be treated first. Next, your provider will take a detailed history of your health, including medications you take, preexisting illnesses and surgeries, and recent sexual activity.

You’ll then be asked specific questions about what happened so that your provider can determine all potential areas of injury on your body. Then, using the rape kit, your provider will perform a head-to-toe examination.

Depending on what happened during your assault, the provider may collect samples from inside your mouth, vagina, and anus. They may also collect hair samples, or take pictures of injured parts of your body. Articles of your clothing may also be collected to obtain stray hairs, fingernails, or fabric from your abuser. 

Can You Decline Parts of a Rape Exam?

You can decline any part of the rape kit examination you want to decline. Everything that happens during an examination is explained to you and happens only with your explicit permission. In addition, you may also ask to take breaks when and if you need them. 

In some states, healthcare providers are required to report sexual assault on minors. Before you leave, your provider will give you instructions about any follow-up care you may need for the treatment of any injuries or STIs. 

How Much Is a Rape Kit?

You should never be charged for a rape kit. The Violence Against Women Act ensures that no survivor of sexual violence should be charged for the collection of forensic evidence.

To get a free rape kit, you must obtain it from a provider who is recognized by the state as a provider of Medical Forensic Exams. In emergency rooms across the country, these are usually provided by nurses known as Sexual Assault Nurse Examiners. If you have private insurance, the hospital may bill your insurance carrier. 

Are Rape Kits Covered by Insurance?

Rape kits may be covered under private insurance, but due to the Violence Against Women Act, you should not be asked to pay coinsurance or a copay for your examination. Additionally, the Crime Victim Compensation Fund covers out-of-pocket costs associated with medical expenses you pay after an assault, provided you report the assault to law enforcement. 

Are At-Home Rape Kits Reliable?

Some companies offer at-home rape kits that survivors can administer to themselves. Although these kits offer survivors more privacy, they are not administered by a medical professional and may not meet the standards necessary for the collection of DNA evidence. As such, they may not be admissible in court if you decide to press charges or bring a civil suit at a later date. 

What Is the National Sexual Assault Kit Initiative?​

The National Sexual Assault Kit Initiative is a program administered by the U.S. Department of Justice’s Bureau of Justice Assistance. It provides funding to community response teams to ensure that previously unsubmitted sexual assault kits are inventoried, tracked, and tested.

This program is designed to help reduce the backlog of untested rape kits that are awaiting DNA testing. Through this program, additional resources are provided to communities across the nation to reduce and eventually end the backlog.

Rape Kit FAQ

Here are some of the more frequently asked questions about rape kits.

Is There a “Rape Kit Backlog”?

There is no standard metric by which to measure whether there is a rape kit backlog. Some testing facilities consider a rape kit to be backlogged if the DNA hasn’t been analyzed 90 days after it was collected. Some states consider it backlogged if the DNA has been analyzed, but no final report has been submitted. 

How Long Are Rape Kits Kept in Storage?

Rape kits are kept for ten years after the date of collection. However, that doesn’t necessarily mean you have ten years to file a lawsuit against your abuser. The statute of limitations in which you can file a lawsuit varies by state. 

Can You Still Get a Rape Kit if You Were Roofied and Don’t Remember What Happened?

Yes – if you were drugged, or if you willingly took drugs, or if you were unable to give your consent in any way, you can still get a rape kit. If you think you have been drugged, seeking medical attention quickly can help your provider determine (usually through a blood test) what kind of drugs were given to you, which can be extremely important if you later decide to press charges or file a suit against your abuser. 

How Long Does a Rape Kit Take to Come Back with a Result?

The length of time it takes for rape kit evidence to be analyzed varies by state. Factors that affect the time frame include how busy the testing facility is.

Many laboratories are underfunded and understaffed; as such, the lab will typically prioritize cases that are about to go to trial. They may also prioritize cases that do not have a known abuser. States like Maryland have their own tracking system that survivors can use to receive updates on the progress of their kits. 

If You Are a Rape Survivor, Help Is Out There

As a survivor of sexual abuse, you should know that help is available. You have a right to justice and support, but sometimes it can be difficult to reach out for the help you need. The following hotlines and websites can be useful for getting support. 

• RAINN, 1-800-656-HOPE
• Safe Horizon, 1-800-621-HOPE
• NSVRC

Contact Edwards Henderson for legal assistance and further protection of your rights. We can help connect you to support and guide you should you choose to bring a civil suit against your abuser. Together, we can reclaim your voice.