CBI using outside labs to chip away at sexual assault evidence backlog

A plastic bag labeled "EVIDENCE/PROPERTY: Rape Kit 1"
Pat Sullivan AP
An evidence bag from a sexual assault case in the biology lab to be processed for DNA evidence.

The Colorado Bureau of Investigation has sent nearly a third of its backlogged sexual assault evidence kits to outside labs for testing, as it tries to bring turn-around times back within state guidelines.

The legislature gave the bureau $3 million to outsource examination of one thousand kits because right now the state doesn't have enough DNA scientists trained to process evidence more quickly. CBI, which is required to report its progress against the backlog monthly, recently told the legislature’s joint budget committee that the first 458 kits have been sent out.  

With the turnaround time for DNA testing stretching to a year and a half on average, there are currently 1,424 reported victims in Colorado sexual assault cases still awaiting results. Miranda Spencer has been waiting since the fall of 2023. That’s when she endured the invasive process required to submit evidence of a sexual assault: a nurse conducted a full body medical exam and the hospital told her she had been drugged. Spencer had been on a first date with a man she met on the dating app Bumble. Her alleged attacker has not been arrested or charged with any crime. She expects to have the results from her sexual assault DNA kit soon. But waiting so long to learn definitively what happened on that night has been "barbaric" she said.

“It’s hard to be in such a vulnerable spot after experiencing what I have and then having to find it within myself to give trust to people who have not only let down so many survivors but also have made us feel so insignificant as humans, seeing us as only kits,” said Spencer. 

She said she’s relieved that CBI appears to be following up on what they said they would do, and said while they aren’t heroes, the state needs to give the bureau the opportunity to make things right. 

“We must continue to be a little uncomfortable to let them show us that they are accountable, they care, and they are willing to do what is necessary to give each of us our dignity back and our shot at getting justice.“

Spencer said she’s had countless conversations with the Governor’s office and CBI that have been met with “patience, grace, and what feels like genuine care about the survivor’s experience.” 

CBI has apologized to victims and survivors and hired an outside firm to figure out how the backlog and wait time for results ballooned. The bureau said it was tied to staff being on leave, coupled with dealing with former forensic scientist Missy “Yvonne” Woods who authorities have charged manipulated DNA results for decades

State guidelines say sexual assault kits and evidence should be processed in 180 days, but CBI hopes to get that down to 90 days by the end of 2027.

CBI has 15 DNA scientists in training who will start coming online to process kits in the coming months and year. The training process for DNA scientists is one and a half to two years. The goal is to have a fully operational staff of 31 scientists in 2027.