Skip to main content
  • This page, Appendix: Breakdown of Previously Untested Investigatory Sexual Assault Evidence Collection Kits As of December 31, 2022, is   offered by
  • Office of the State Auditor

Appendix: Breakdown of Previously Untested Investigatory Sexual Assault Evidence Collection Kits As of December 31, 2022

Appendix for the audit of the Executive Office of Public Safety and Security
Skip table of contents

Table of Contents

You skipped the table of contents section.

Overview

The Massachusetts State Police Crime Laboratory (MSPCL) identified a population of 6,502 Sexual Assault Evidence Collection Kits (SAECKs) that were previously collected but had not yet received a forensic DNA analysis.

Reviews by MSPCL and assigned district attorneys’ (DAs’) offices resulted in the following:

  • MSPCL determined that 789 of the 6,502 SAECKs did not meet DNA testing requirements under the Acts of 2021. (See the table below.)
  • The assigned DAs’ offices with jurisdiction over the case associated with each SAECK determined that 1,675 of the 6,502 SAECKs did not meet DNA testing requirements under the Acts of 2021. (See the table below.)
  • The assigned DA’s office had reviewed and authorized 3,307 SAECKs for DNA testing.
  • As of December 2022, 731 SAECKs were still pending review by an assigned DA’s office.

SAECKs Ineligible for DNA Testing

Below is a breakdown of the reasons that MSPCL determined 789 of the 6,502 SAECKs did not meet DNA testing requirements, according to the Executive Office of Public Safety and Security’s (EOPSS’s) February 2023 “Sexual Assault Evidence Collction Kit (SAECK) Quarterly Report.”

ReasonNumber of SAECKs
The SAECK was not reported to law enforcement59
Sexual assault occurred out of state, but the SAECK was prepared at a hospital in Massachusetts12
Initial testing of the SAECK did not include material suitable for DNA testing175
Previously tested for DNA271
Duplicate record of a SAECK45
The SAECK was destroyed or could not be located by the law enforcement agency with custody227
Total SAECKs that did not meet requirements  789

According to EOPSS’s February 2023 “Sexual Assault Evidence Collction Kit (SAECK) Quarterly Report,” following the assigned DAs’ offices reviews, MSCPL was informed of the determination that an additional 1,675 of the 6,502 SAECKs would not require DNA testing under Chapter 35 of the Acts of 2021. Below is a breakdown of the reasons from the DAs’ offices:

ReasonNumber of SAECKs
No crime occurred679
No QLIM testing470
Insufficient information to authorize testing183
Post-conviction—unable to contact survivor230
Post-conviction—survivor declined testing113
Total exceptions under Chapter 35 of the Acts of 20211,675

Of the 6,502 previously untested investigatory SAECKs, a total of 2,464 (38%) were determined not to require DNA testing.

SAECKs Eligible for DNA Testing

The remaining 4,038 of the 6,502 previously untested investigatory SAECKs were deemed eligible for DNA testing. As of December 31, 2022, 731 SAECKs were still pending review by the assigned DAs’ offices (see the table below). MSPCL received authorization from the prosecuting DAs’ offices to proceed with DNA testing for 3,307 SAECKs.

Number of Untested SAECKs

 Number of Untested SAECKs
Pending DA Authorization for DNA Testing731
DA-Authorized DNA Testing3,307
Total Remaining Untested SAECKs4,038

Of the 6,502 previously untested investigatory SAECKs, 3,307 (51%) were authorized for DNA testing by the assigned DA’s office.

From January 2022 through December 2022, MSPCL transferred 2,819 of the 3,307 SAECKs authorized for DNA testing to a private crime laboratory. Out of the 3,307, MSPCL held 18 SAECKs for testing. There were 470 of the 3,307 previously untested investigatory SAECKs that still needed to be transferred to the private crime laboratory.

As of December 31, 2022, the private crime laboratory and MSPCL have completed DNA testing for 634 SAECKs (624 by the crime laboratory, and 10 by MSPCL) out of the 3,307 SAECKs authorized for DNA testing.

Of the 3,307 previously untested investigatory SAECKs that have been approved by DA’s offices, 2,673 are still pending DNA testing.

 Number of Previously Untested Investigatory SAECKs Approved for DNA TestingPercentage
Completed DNA Testing
(as of December 31, 2022)		63419%
Still Awaiting DNA Testing
(as of December 31, 2022)		2,67381%
Total SAECKs Approved for DNA Testing3,307100%
Date published: August 8, 2024

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback