City Government

New Law to End California’s Rape Kit Backlog

Published

12 years ago

January 21, 2014

Assemblymember Nancy Skinner (D-Berkeley) on Tuesday announced that she is introducing legislation to address the backlog of untested rape kits held in law enforcement agencies and forensic labs in California.

“We are here to make it clear that rape kits must be tested,” said Skinner, speaking at a press conference in front of the state building in Oakland.

Among those who spoke at the press conference were Alameda County District Attorney Nancy O’Malley, Sandra Henriquez, Executive Director of the California Coalition Against Sexual Assault and Assemblymember Rob Bonta.

“To not test them is a second assault on the victim and can leave a perpetrator on the streets to offend again,” said Skinner.

She said part of the reason there is a backlog stems from a lack of funding for some crime labs, a breakdown of communication between law enforcement and crime labs, and a failure to have procedures in place to process the kits.

Currently, there is no comprehensive data on the exact number of unprocessed rape kits in California. The bill, AB 1517, would specify timelines for testing rape kits and entering DNA profile information into the Combined DNA Index System, a national database.

Police would turn over rape kit evidence to crime labs within five days wherein the crime lab must have the rape kits tested within 30 days.

In 2008, the Los Angeles Police Department and the Los Angeles Sheriff’s Department had a combined total of more than 12,000 untested rape kits in their custody. In 2012, Alameda County estimated their backlog of untested rape kits to be 1,900. According to Human Rights Watch, an advocacy organization, the national backlog is estimated to be around 400,000 untested rape kits.

“This legislation will provide justice to survivors of sexual assault by testing evidence collected during an invasive physical examination and using that evidence to capture and prosecute their assailants,” said District Attorney O’Malley.

“Our efforts must address the backlog throughout the state and the nation and this legislation serves as a vital step toward that goal,” she said.

Under California law, the Sexual Assault Victims’ DNA Bill of Rights identifies DNA as a tool for identifying and prosecuting sexual assault offenders. The DNA evidence is collected during a physical exam that can take up to six hours, and is compiled in the rape kit.

“It’s a retraumatization to be powerless to the rape itself and to be completely helpless in the system that is intended to protect and serve justice,” said Heather Marlowe, whose rape kit sat untested for two-and-a-half-years after being drug-raped in San Francisco on May 16, 2010. “This is a public emergency that needs to be addressed.”

At the crime lab, a DNA profile can be created, if enough DNA evidence is found, and uploaded into a national DNA database. While DNA can help identify unknown offenders, many sexual assaults are committed by persons known to the victim. Therefore, identity is not an issue in most sexual assaults, but can still affect the outcome of a conviction.

“We’ve got to test all the rape kits to prevent attackers from raping again even if it’s a known assailant,” said Skinner. “New York City implemented the policy of testing rape kits immediately and their arrest rate for rapes jumped from 40 percent to 70 percent. Nationally, the arrest rate is at 24 percent.”

Since 2010, only Colorado, Illinois and Texas enacted legislation that requires both the submission of sexual assault kits to crime labs within a time period and establishes tracking methods.

While legislators work to erase California’s backlog of rape kits, Oakland Police Department still has untested evidence from more than 300 homicide cases dating back years. In 2012, OPD solved 28 percent of the homicides in the city.

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Oakland Post: Week of December 24 – 30, 2025

The printed Weekly Edition of the Oakland Post: Week of – December 24 – 30, 2025

Published

2 days ago

December 25, 2025

Oakland Post

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Alameda County

Oakland Council Expands Citywide Security Cameras Despite Major Opposition

In a 7-1 vote in favor of the contract, with only District 3 Councilmember Carroll Fife voting no, the Council agreed to maintain its existing network of 291 cameras and add 40 new “pan-tilt-zoom cameras.”

Published

6 days ago

December 21, 2025

Oakland Post

At the International Association of Chiefs of Police Conference, Flock Safety introduces new public safety technology – Amplified Intelligence, a suite of AI-powered tools designed to improve law enforcement investigations. Courtesy photo.

By Post Staff

The Oakland City Council this week approved a $2.25 million contract with Flock Safety for a mass surveillance network of hundreds of security cameras to track vehicles in the city.

In recent weeks hundreds of local residents have spoken against the camera system, raising concerns that data will be shared with immigration authorities and other federal agencies at a time when mass surveillance is growing across the country with little regard for individual rights.

The Flock network, supported by the Oakland Police Department, has the backing of residents and councilmembers who see it as an important tool to protect public safety.

“This system makes the Department more efficient as it allows for information related to disruptive/violent criminal activities to be captured … and allows for precise and focused enforcement,” OPD wrote in its proposal to City Council.

According to OPD, police made 232 arrests using data from Flock cameras between July 2024 and November of this year.

Based on the data, police say they recovered 68 guns, and utilizing the countywide system, they have found 1,100 stolen vehicles.

However, Flock’s cameras cast a wide net. The company’s cameras in Oakland last month captured license plate numbers and other information from about 1.4 million vehicles.

Speaking at Tuesday’s Council meeting, Fife was critical of her colleagues for signing a contract with a company that has been in the national spotlight for sharing data with federal agencies.

Flock’s cameras – which are automated license plate readers – have been used in tracking people who have had abortions, monitoring protesters, and aiding in deportation roundups.

“I don’t know how we get up and have several press conferences talking about how we are supportive of a sanctuary city status but then use a vendor that has been shown to have a direct relationship with (the U.S.) Border Control,” she said. “It doesn’t make sense to me.”

Several councilmembers who voted in favor of the contract said they supported the deal as long as some safeguards were written into the Council’s resolution.

“We’re not aiming for perfection,” said District 1 Councilmember Zac Unger. “This is not Orwellian facial recognition technology — that’s prohibited in Oakland. The road forward here is to add as many amendments as we can.”

Amendments passed by the Council prohibit OPD from sharing camera data with any other agencies for the purpose of “criminalizing reproductive or gender affirming healthcare” or for federal immigration enforcement. California state law also prohibits the sharing of license plate reader data with the federal government, and because Oakland’s sanctuary city status, OPD is not allowed to cooperate with immigration authorities.

A former member of Oakland’s Privacy Advisory Commission has sued OPD, alleging that it has violated its own rules around data sharing.

So far, OPD has shared Flock data with 50 other law enforcement agencies.

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Black Arts Movement Business District Named New Cultural District in California

Located in the heart of District 3, the BAMBD is widely regarded as one of the nation’s most important centers of Black cultural production — a space where artists, entrepreneurs, organizers, and cultural workers have shaped generations of local and national identity. The state’s recognition affirms the district’s historic importance and its future promise.

Published

6 days ago

December 20, 2025

Oakland Post

Councilmember Carroll Fife celebrates major milestone for Black arts, culture, and economic power in Oakland. Courtesy photo.

By Post Staff

Oakland’s Black Arts Movement Business District (BAMBD) has been selected as one of California’s 10 new state-designated Cultural Districts, a distinction awarded by the California Arts Council (CAC), according to a media statement released by Councilmember Carroll Fife.

The BAMBD now joins 23 other districts across the state recognized for their deep cultural legacy, artistic excellence, and contributions to California’s creative economy.

“This designation is a testament to what Black Oakland has built — and what we continue to build when we insist on investing in our own cultural and economic power,” said Fife.

“For years, our community has fought for meaningful recognition and resources for the Black Arts Movement Business District,” she said. “This announcement validates that work and ensures that BAMBD receives the support it needs to grow, thrive, and continue shaping the cultural fabric of California.”

Since taking office, Fife has led and supported multiple initiatives that strengthened the groundwork for this achievement, including:

Restoring and protecting arts and cultural staffing within the City of Oakland.
Creating the West Oakland Community Fund to reinvest in historically excluded communities
Advancing a Black New Deal study to expand economic opportunity for Black Oakland
Ensuring racial equity impact analyses for development proposals, improving access for Black businesses and Black contractors
Introduced legislation and budget amendments that formalized, protected, and expanded the BAMBD

“These efforts weren’t abstract,” Fife said. “They were intentional, coordinated, and rooted in a belief that Black arts and Black businesses deserve deep, sustained public investment.”

As part of the Cultural District designation, BAMBD will receive:

$10,000 over two years
Dedicated technical assistance
Statewide marketing and branding support
Official designation from Jan. 1, 2026, through Dec. 31, 2030

This support will elevate the visibility of BAMBD’s artists, cultural organizations, small businesses, and legacy institutions, while helping attract new investment to the district.

“The BAMBD has always been more than a district,” Fife continued. “This recognition by the State of California gives us another tool in the fight to preserve Black culture, build Black economic power, and protect the families and institutions that make Oakland strong.”

For questions, contact Councilmember Carroll Fife at CFife@oaklandca.gov.