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Press Release  EOPSS Audit Identifies Issues with Oversight of Sexual Assault Evidence Collection Kits

For immediate release:
8/08/2024
  • Office of the State Auditor

Media Contact

Andrew Carden, Director of Operations

Boston — Today, State Auditor Diana DiZoglio’s Office released an audit of the Executive Office of Public Safety and Security (EOPSS), which reviewed the period from July 1, 2020 to October 31, 2022.

EOPSS oversees several state public safety agencies, boards, and commissions, including the Massachusetts State Police Crime Laboratory (MSPCL), which is tasked with providing forensic services for the criminal justice system. MSPCL responds to crime scenes, performs laboratory testing, and provides expert testimony.

The audit revealed EOPSS did not ensure MSPCL met the 90-day timeframe for the quantity-limited evidence review of previously untested investigatory sexual assault evidence collection kits (SAECKs), nor did it ensure MSPCL shipped sexual assault evidence collection kits in a timely manner. Moreover, the EOPSS Track-Kit system, which allows users to trace SAECKs from distribution to collection to processing to storage, showed incorrect locations for kits.

Additionally, EOPSS did not ensure that Provider Sexual Crime Report data was free of personally identifiable information (PII), creating a threat to privacy and confidentiality for survivors of sexual assault.

During our audits, we spot-check records. Of the batch spot-checked in this audit, we found nearly a third of survivor records (11 of 35) maintained by EOPSS had personally identifiable information. 47% of evidence kits (3,084 of 6,502) were not reviewed within the 90-day window, with some going as long as 161 days. 79% of reviews (1,641 of 2,090) were not assigned to their local District Attorneys’ offices within the 90-day window and none of the 527 kits that DAs authorized for DNA were sent to the private crime lab within the 180-day window. In our sample of 60 kits, nearly one-third (17 of 60) had their locations inaccurately labeled. Of those 17, 15 were said to be in the state’s possession but were actually in local law enforcement hands.

“Survivors of sexual assault already have so many obstacles to overcome when bringing their experiences forward,” said Auditor DiZoglio. “We have tools to hold perpetrators accountable and help survivors but unaddressed delays minimize the injustice experienced by survivors and place others at risk for potential assaults. The Executive Office of Public Safety and Security needs to take these matters seriously, and ensure these kits are being tracked correctly — processing kits on time and in accordance with the law.”

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Media Contact

  • Office of the State Auditor 

    The Office of State Auditor Diana DiZoglio (OSA) conducts audits, investigations, and studies to promote accountability and transparency, improve performance, and make government work better.
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