Backlog of rape kits rises to over 900 in Fort Worth – NBC 5 Dallas-Fort Worth

The Fort Worth Police Department has failed hundreds of times to test sexual assault evidence within the time period required by law. NBC 5 is investigating has learned, raising serious questions about how the department handles the cases and what impact delays could have on victims.

In 2019, Texas passed a law to address a nationwide backlog of untested rape kits. The law, known as HB 8, sets strict deadlines for police and crime labs to process the kits. However, records received from NBC 5 is investigating show that five years later, Fort Worth police left victims in limbo and missed deadlines by months or even years.

Latrice Godfrey reported being raped in a parking lot by someone she knew who offered her a ride home after a night of celebrating a friend’s birthday. Godfrey’s family took her to a Fort Worth hospital to be evaluated for sexual assault, and she met with detectives and prosecutors who eventually secured a grand jury indictment against the man accused of assaulting her. But as her case progressed, she found herself wondering about the status of a key piece of evidence.

“I didn’t know what a rape kit was or what it would do,” Godfrey said. “So I said, ‘Hey, have you tested my kit?’ She said, “No, not yet.” I’m like, “Is this normal?”

Godfrey told NBC 5 is investigating She regularly checked the state’s online Track It system, where victims can check the status of a rape kit. Eleven months after she reported the attack, the state system said Godfrey’s equipment still had not been processed.

Under state law, the Fort Worth Police Department would have had to send the kit to a lab within 30 days of receipt, and the lab must then complete testing within 90 days. However, state records are obtained from NBC 5 is investigating show that Fort Worth police have frequently failed to meet these deadlines over the past five years. Of the more than 1,700 kits collected, 767 arrived at the lab late, meaning police missed the 30-day deadline 43% of the time, 412 were submitted more than 100 days late, and 28 were submitted more than a year late .

Hundreds of the kits were also not lab tested within the required 90-day window. Records provided by the Texas Department of Public Safety NBC 5 is investigating showed that as of Oct. 4, Fort Worth police had 901 kits awaiting testing that had already passed the 90-day deadline.

“It takes so much to move forward. It takes so much to pass this test for it to be mishandled and just sitting on a shelf saying, ‘We’ll get to it when we get to it,’ when my healing journey is. That’s what we rely on,” said Godfrey.

Fort Worth appears to be the only police department in Texas that has its own forensic biology lab. So how can a department that can run its own tests end up missing deadlines hundreds of times? Fort Worth police declined requests from NBC 5 is investigating to speak with lab staff and instead referred us to Public Information Officer Sgt. Leah Wagner.

Wagner said NBC 5 is investigating The police outsource laboratory work because they cannot investigate all rape cases themselves. Wagner said Fort Worth, like many other labs across the state, has had difficulty hiring forensic scientists who can perform DNA testing. She said the police department’s lab has room for eight employees, but currently only three slots are filled and only one of those employees can perform testing alone. The other two employees are still completing their training, which can take two years.

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The department said the lab was so understaffed that it was unable to conduct rape tests for seven months in 2021, creating an even larger backlog.

Wagner added that the department is also having difficulty finding private labs willing to accept enough kits to clear its backlog.

“If they cut you off, how are you going to send them?” If they said ‘No more’, where do you send them? When they tell you, ‘No more?'” Wagner said, acknowledging that outside labs are part of the problem, but not the department’s entire problem.

“Law enforcement should follow the law,” said state Rep. Victoria Neave Criado, D-Dallas, who authored the law setting the testing guidelines. Neave Criado said the state has given police departments tens of millions of dollars to send rape kits to private labs and clean up backlogs.

“The funding is there. There is no excuse for a rape kit not to be submitted and tested on time,” said Neave Criado.

Lavinia Masters knows how delays in testing can lead to justice being denied. HB 8, the bill introduced by Neave Criado, was named after Masters, who was sexually abused at age 13 in Dallas.

“You know, these are people. It’s not just boys,” Masters said.

Masters’ rape kit sat on a shelf for 21 years. By the time her attacker was identified, the statute of limitations had already expired.

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“We cannot take the view that these kits are so old that they no longer matter. These sacrifices are important,” Masters said.

During our interview with the Fort Worth Police Department, they suggested that victims who want to have their equipment tested in a timely manner should repeatedly call the police and request testing.

“The more you come forward and say, ‘Hey, I need to know this,’ the more the detective will know, ‘Hey, this person, we really need this to move forward,'” Wagner said.

Asked whether a victim would have to beg police to follow state law and test their rape kit, Wagner said the test would still be done, even if it was done a little later on the backlog.

“A department that delays is helping a rapist,” Neave Criado said. “A department that delays negatively impacts a rape survivor.”

Neave Criado said the state needs to create incentive programs to help labs recruit and retain more DNA analysts. However, she also said the city government needs to use the funds already available to find more private laboratories to reduce its backlog.

Fort Worth police said NBC 5 is investigating They are trying to identify additional labs, but have not been able to estimate when they would be able to clear their backlog of kits.

“We care about our victims. We care about everyone. We are hindered by the tools that are or are not given to us,” Wagner said.

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Godfrey said the delay in testing her equipment made her feel like police didn’t care about her and that it shook her trust in the justice system.

Prosecutors ultimately dropped charges against the suspect in their case, a day after the man’s lawyer argued that his client was being denied the right to a speedy trial. This was announced by the Tarrant County District Attorney’s Office NBC 5 is investigating Delays in testing played no role in what she said was a “difficult decision” to drop the procedure after a “careful review” of all the evidence.

Still, Godfrey wonders whether the delay played a role in the case being dropped, and she is speaking out in the hope that police will process future evidence within the time required by law.

“I would like it if no one behind me had to go through what I’m going through,” Godfrey said.

Forensic labs across the state made the announcement NBC 5 is investigating that the industry is in a personnel crisis. Some labs said they needed better funding to increase salaries and attract and retain staff.

Although the Fort Worth Police Department appears to have one of the largest backlogs in the state, it is not the only department missing testing deadlines. The federal government has spent more than $1 billion to support speed testing, but a 2022 report from the nonpartisan data center USA Facts found that there was a total backlog of more than 25,000 rape tests in 30 states.

Reporting from our NBC network of owned television stations also found that nationwide, in every major city where the stations obtained recordings, nine out of 10 sexual assault cases never result in a conviction. Delays in testing are sometimes a contributing factor to low conviction rates.

A Texas Senate committee is expected to hold a hearing Thursday to discuss the testing backlog. NBC 5 is investigating I’ll watch what they say, Details will be provided in a future report.

If you have been a victim of sexual assault and experienced delays in testing, NBC 5 would like to hear your story. You can contact our investigative team at [email protected]

Resources for Sexual Assault Victims

If you are a survivor or know of a survivor who needs professional help, there are resources available to you in the community. Here is a list of organizations that may be able to help:

National Sexual Assault Hotline (RAINN)

• Website: RAINN.org
• Hotline: 1-800-656-HOPE (4673)
• Provides 24/7 confidential support for survivors of sexual assault.

Texas Association Against Sexual Assault (TAASA)

• Website: taasa.org
• A resource for sexual assault survivors and advocates, providing legal support, training, and community-based programs.

Dallas Area Rape Crisis Center (DARCC)

• Website: dallasrapecrisis.org
• Provides advocacy, counseling and legal assistance to survivors of sexual assault in the Dallas area.

Texas Legal Services Center

• Website: tlsc.org
• Provides pro-bono legal services to victims of sexual assault, including assistance with protective orders and other legal matters.

Victim Support Services – Texas Department of Public Safety

• Website: dps.texas.gov
• Helps crime victims access compensation for medical costs, lost wages, and other costs related to sexual assault.

Safe horizon

End Rape on Campus (EROC)

• Website: endrapeoncampus.org
• Supports survivors of sexual violence in educational settings and provides resources for reporting incidents.

National Center for Victims of Crime (NCVC)

• Website: Victimsofcrime.org
• Provides information and resources for victims of crime, including sexual assault.

Future without violence

The Joyful Heart Foundation

• Website: joyfulheartfoundation.org
• A nonprofit organization that provides support, education, and advocacy to survivors of sexual assault, domestic violence, and child abuse.