Auditor: Victim outreach, more resources needed to clear rape kit backlog

Before he leaves to work every morning, State Auditor Tim Keller says he always talks with his young daughter about the day ahead. For him, Tuesday morning posed a problem. That’s because he wasn’t sure how to explain what he was set to present to the public. “It was little tough this morning,” Keller told […]

Auditor: Victim outreach, more resources needed to clear rape kit backlog

Before he leaves to work every morning, State Auditor Tim Keller says he always talks with his young daughter about the day ahead.

For him, Tuesday morning posed a problem. That’s because he wasn’t sure how to explain what he was set to present to the public.

“It was little tough this morning,” Keller told a room of reporters.

He released a report of proposed solutions to clear the backlog of more than 5,000 sexual assault evidence kits in police departments throughout New Mexico.

More resources and victim outreach are two significant solutions for avoiding further backlogs, according to a report released Tuesday by the Office of the State Auditor.

New Mexico has the highest number of untested kits per capita—254 untested kits per 100,000 people, according to the audit.

Almost half of the kits reviewed by Keller’s office hadn’t been tested by law enforcement agencies because officers either didn’t trust the victim’s credibility or had lost contact with the victim.

“These statistics are particularly troubling because they suggest a fundamental misunderstanding of the realities of the victim’s experience after a sexual assault,” the audit reads.

According to the audit, 21 percent of the sexual assault evidence kits, commonly known as rape kits, in New Mexico went untested because of a “lack of victim credibility.”

Auditors also found that another 21 percent of kits went untested because of “lack of victim cooperation or contact.”

Keller’s office offered a candid response.

“New Mexico law makes this decision simple: law enforcement agencies are required to test the Kit whether they believe the victim or not,” the audit reads.

Valencia Shelter Services Victim Services Coordinator Stephanie Villalobos spoke about the personal aspect of victims working through the aftermath of sexual assault. She mentioned a victim who lost hope because of a lack of communication and outreach by law enforcement.

“That victim decided not to prosecute,” Villalobos said. “[The attacker] is still at large.”

Government Accountability Officer Sarita Nair came up with the idea to look into the backlog, Keller said. Nair told reporters she had a hard time hearing about the number of victims who were viewed as not credible.

“That’s just a heartbreaking statistic,” Nair said.

Office of the State Auditor Government Accountability Officer Sarita Nair
Office of the State Auditor Government Accountability Officer Sarita Nair

Nair added that the state could ignore the social aspect of the problem and focus just on money.

“But we shouldn’t,” Nair said.

Keller’s office also found that many law enforcement agencies reported they lacked the resources to properly process kits in a timely manner.

The state Legislature approved appropriating more money for the state lab to hire additional forensic scientists to help process rape kits earlier this year.

Department of Public Safety Secretary Scott Weaver said the lack of resources go beyond finances.

“You could not buy yourself out of this predicament,” Weaver said.

Weaver cited the near $2 million his office asked the state Legislature for to review the backlogs along with legislation asking for almost $4 million to do the same as a step in the right direction.

“It’s not just a money thing, but money gets you started,” Weaver said.

The problem of untested rape kits is a “moving target,” as the audit only looked at evidence kits that were untested as of December 2015.

Since last December, law enforcement agencies from around the state sent more than 800 untested kits to the state’s Department of Public Safety crime lab, decreasing the number of kits sitting, untested, in evidence storage within individual police departments.

The auditor’s office said it appears the audit was the reason that police departments sent many kits to the state crime lab. Keller told reporters departments sent kits, en masse, to the state lab before his office could get a count.

“We would show up and there would be nothing to audit,” Keller said.

Bernalillo County, which uses an Albuquerque Police Department lab, did not see any decreases since last year.

While the number of untested kits in jurisdictions around the state has decreased, the actual evidence mostly remains untested.

“In other words,” the audit reads, “the inventory of historically untested Kits has not been reduced materially, but many have shifted from local law enforcement to the State Forensic Lab, where most of them still await testing.”

Bernalillo County accounts for 74 percent of the untested kits the auditor’s office began tracking last year.

No one from the Albuquerque Police Department, including Crime Lab Director John Krebsbach, showed up to the press conference to answer questions.  

The backlog in New Mexico first received media attention when Albuquerque Police Department officials said they missed out on a grant to help clear the backlog. Albuquerque’s incoming District Attorney Raul Torrez campaigned on the issue and Keller hinted last November that he would begin looking into why so many kits go untested and how to best work through them. Keller announced in May his plan for surveying stakeholders statewide to better understand the issue.

Keller said increased attention on the backlog provides the state to be No. 1 in fixing the problem.

“New Mexico now has a chance to be ahead,” Keller said.

 

In New Mexico, 1 in 4 women and 1 in 20 men have experienced sexual assault in their lifetime. Anyone seeking help can find resources at: http://nmcsap.org/find-help/

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
BLM finalizes controversial public lands rule

BLM finalizes controversial public lands rule

The U.S. Bureau of Land Management finalized its controversial public lands rule on Thursday. This rule is controversial because it allows for conservation leasing…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
New Mexico Voices for Children has new leadership

New Mexico Voices for Children has new leadership

New Mexico Voices for Children, an organization that focuses on tax policy and how it impacts children in poverty, has new leadership. Gabrielle Uballez…

GET INVOLVED

© 2023 New Mexico Political Report