Rape Kit Processing

Unfortunately, Texas is the most backlogged state for processing rape kits. This causes undue burden and stress to victims and the accused. The Six Pillars are the critical aspects of removing the rape kit processing backlog. Thus, it should greatly reduce the backlog if all Texas staff adheres to these pillars. These pillars are not only about reduction. They serve to prevent the backlog from recurring. The six pillars are as follows:

  1. Implement an annual statewide rape kit inventory
  2. Mandate the submission and testing of all backlogged kits
  3. Mandate the testing of all new rape kits
  4. Create and use a statewide rape kit tracking system
  5. Implement mechanisms that allow rape survivors to find out their rape kit’s status easily
  6. Allocate funding appropriately to submit, test, and track the rape kits

Texas has successfully met all six pillars.

Austin Rape Kit Processing Lawyer TX

If you have been arrested for rape, you should hire a respected legal counsel to defend yourself. Unfortunately, a conviction for any sex crime will result in lifelong consequences. To work with a skilled sex crime lawyer, contact Jackson Gorski at The Law Office of Jackson F. Gorski. Mr. Gorski is skilled at handling sexual abuse cases across the State of Texas.

Call 512-960-4646 as soon as possible to get in contact with The Law Office of Jackson F. Gorski. The first no-obligation consultation is free of charge. The Law Office of Jackson F. Gorski serves Texans in Austin TX, and surrounding areas including Williamson, Florence, Granger, Cedar Park, Jarrell, Leander, Round Rock, Thrall, Weir, and Coupland.


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Information Center


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Rape Kit Reformation Timeline

Texas politicians and advocacy groups argue about rape kit processing so often that several house bills have been drawn. These bills discuss the rights and limitations of rape survivors and the obligations of law enforcement agents.

On September 1st, 2021, HB1172 was enacted. It permits rape and sexual assault survivors the right to an advocate during their interviews with the police.

Also, on September 1st, 2021, HB2462 went into effect. It created three requirements—1) the police cannot decline to conduct a forensic medical exam of rape survivors; 2) the police must log the rape kits of deceased victims into a tracking system; and 3) annual reports from the tracking system must be accessible to the public through the Public Safety Department’s website.

Finally, HB2706 became effective on September 1st, 2021. It lengthened the rape kit processing time from ninety-six hours to one-hundred-twenty hours.


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Defenses for Rape Kit Processing

Rape is a heinous crime for the state to accuse an individual of committing. The allegation of committing a sex crime comes with serious penalties, including lengthy incarceration, hefty fines, and possibly decades of registering as a sex offender. If the state has charged the individual with rape, the individual will want to know which defenses their defense lawyer in Texas could utilize.

Common defenses to rape accusations include, but are not limited to:

  • Insufficient evidence
  • Contradictory witness testimony
  • Mistaken identity
  • Cover-up (e.g., the alleged victim fakes rape to cover up an affair)
  • Consent

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Additional Resources

Texas – The End The Backlog’s website provides an overview of Texas’ rape kit laws. It covers the timelines of house bills regarding rape kit reformation, information about the six pillars, the backlog, and more.

Sexual Assault Survivors’ Task Force – The Office of the Texas Governor’s website provides information regarding how and why this task force was created as well as its vision and mission.


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Austin Rape Kit Processing Attorney, TX

If you or someone you know has been arrested for rape, also known as sexual assault, speak with experienced sex crime attorney Jackson Gorski at The Law Office of Jackson F. Gorski. Mr. Gorski is experienced in many aspects of sex crimes and is a valuable asset to have on your defense team. He can help you get through this critical time in your life.

The Law Office of Jackson F. Gorski serves clients in Lakeway, Pflugerville, Cedar Park, Anderson Mill,  Seguin, Kyle, Round Rock, Lockhart, Georgetown, Leander, Austin, Georgetown, San Marcos, Canyon Lake, New Braunfels, and Taylor, TX. To schedule a free consultation with The Law Office of Jackson F. Gorski today, call 512-960-4646.


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