The Austin Chronicle is an independent, locally owned and operated alternative newsweekly that reflects the heart and soul of Austin, Texas.
Texas is betting that gap is partly about what comes after a report, and a new state program now allows rape kits to be tested for DNA without filing a police report.was designed to address. The new law took effect in December through a “limited consent for DNA testing program,” allowing survivors to have sexual assault evidence tested without a police report – a shift supporters say could provide answers without forcing survivors into the criminal justice system.
. “I am proud to have authored this law to provide another option for survivors to have evidence kits tested,” HB 1422 author state Rep. Lacey Hull, a Houston Republican,. “We know that making a report to law enforcement is a tremendously difficult decision. It is my hope that by providing an alternative testing option, we will empower survivors to subsequently make reports, and ultimately increase prosecutions of sexual assaults.”, survivors can undergo a forensic medical exam, have evidence collected, and receive limited DNA results directly through the state’s electronicThe testing itself is intentionally narrow. Within 90 days of receiving a kit, DPS reports only one result to the survivor: whether foreign DNA was obtained, yes or no. The analysis does not identify whose DNA it is, and the results are not entered into the Combined DNA Index System or shared with law enforcement or prosecutors unless the survivor later files a police report and signs an additional consent form. Evidence collected under the program is stored for up to five years. After that five-year mark, survivors are notified through Track-Kit and given three months to decide whether to release the evidence to law enforcement before it is destroyed.For years, survivors in Texas could have a sexual assault evidence kit collected without immediately filing a police report. Those kits, often called non-report or anonymous kits, could be stored but not tested unless the survivor later chose to involve law enforcement. “Survivors would go through a forensic exam, but then the kit would just sit,” said Holly Bowles, director of sexual assault victim advocacy at SAFE Alliance in Austin. “They weren’t able to get any information from it unless they were willing to report.” SAFE Alliance provides forensic exams, advocacy, counseling, and crisis response services to survivors in Austin and Travis County, and works closely with medical providers and DPS to submit and track sexual assault evidence kits.For Denise Fonseca, a Hays County survivor of sexual and domestic abuse, the new program does not change the decisions she made years earlier. She never had a forensic exam. Her perspective on the program is shaped by her experience with law enforcement and the consequences of not being believed. In 2011, Fonseca called the police in Georgia during an incident involving her then-partner. She said officers did not believe her and sent him away for the night. He returned later, and she “paid a huge price.”Years later, during a different incident in Hays County, Fonseca said her interaction with law enforcement was markedly different. Officers responded, took her seriously, and helped her obtain an emergency protective order and immediate protection. That shift, she said, was pivotal in getting her abuser charged. Fonseca does not oppose the limited-consent testing program. But she is clear about who she believes it is most likely to help.In cases involving intimate partners or known assailants, she said, DNA does not necessarily resolve the central issue, as survivors’ testimonies are often ignored.At SAFE Alliance, Bowles said the program is already changing survivor behavior. Since Dec. 1, she said, every survivor who chose a non-report exam at SAFE opted into limited-consent DNA testing with DPS, a group that includes at least five survivors so far. “That tells us survivors want information,” Bowles said. “We hear from a lot of people who just want to know, ‘Did something happen?’ And there’s no way for us to give them that information. This is one more tool that they might have that can help with that.” According to Bowles, in 2024, SAFE collected 94 non-report kits that could not be tested under the previous system. The new program removes that barrier, but Bowles said it also raises concerns about capacity. “This is going to increase the number of kits being tested,” she said. “But there hasn’t been an increase in resources.”, the city began addressing an inventory of more than 3,700 untested sexual assault kits in 2017, a longstanding backlog that had accumulated over years, with the work supported by about $3 million in federal SAKI funding to help inventory and test kits and improve response practices.shows that as of late November, there were 1,775 unanalyzed sexual assault evidence kits in the Track-Kit system, with 52 kits exceeding the statutory 90-day testing window.Fonseca echoed that concern, saying in her experience, delays can leave survivors without answers or protection during the period when decisions on how to proceed are hardest to make., the Austin Police Department said survivors have long had the option to have kits collected without filing a report, but that the new process expands that choice.“At this time, the program is still in its early stages, and it is too soon for APD to assess how it may impact investigations,” APD wrote in the statement.For Fonseca, the program’s value lies in what it does not require. “Anything that gives survivors more control is a step in the right direction,” she said. “But trust isn’t built by policy alone.” For Bowles, the measure of success will depend on whether the system can sustain the demand it is creating. “This option matters,” she said. “But it only works if survivors aren’t left waiting for answers again.” With HB 1422 now in effect, survivors have a new way to seek the answers they deserve without involving police. Whether the program leads to lasting change or contributes to new testing backlogs is something advocates, lawmakers, and survivors say they will be watching closely. has been Austin’s independent news source for over 40 years, expressing the community’s political and environmental concerns and supporting its active cultural scene. Now more than ever, we need your support to continue supplying Austin with independent, free press. If real news is important to you, please consider making a donation of $5, $10 or whatever you can afford, to help keep our journalism on stands.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Texas Longhorns DB Withdraws Name From Transfer Portal, Will Return to AustinThe Texas Longhorns got good news as one of their talented secondary players announced he will remove his name from the transfer portal and return to the Forty Acres
Read more »
What to know as Texas AFT sues Texas over Kirk teacher investigationsTEA officials launched investigations into more than 300 teachers, including in 25 North Texas school districts, after Kirk's death in September.
Read more »
Cinotti’s creates new cookie inspired by Trevor Lawrence’s viral gifted grillzA viral sensation that led to quarterback Trevor Lawrence being gifted a pair of grillz after the Jaguars clinched the AFC South title has inspired a new cookie at popular local bakery Cinotti’s in Jacksonville Beach.
Read more »
Where Classical Meets Rock: Inside Austin Camerata's Cello FestAUSTIN, Texas — Austin Camerata is kicking off the new year with Cello Fest, a unique live music experience that blends classical performance with modern energy
Read more »
AISD Enters Enrollment SeasonThe Austin Chronicle is an independent, locally owned and operated alternative newsweekly that reflects the heart and soul of Austin, Texas.
Read more »
Suspect arrested in north Austin New Year's homicideA suspect has been arrested in the fatal shooting of a teen at a New Year's party in north Austin.The U.S. Marshals Lone Star Fugitive Task Force found and arre
Read more »