Frequently Asked Questions

SAKs were not submitted for many different reasons, and policies regarding submission varied among jurisdictions.  Some of the reasons SAKs were not previously submitted for DNA include:

  • The accused person pled guilty, and no kit was needed to prove the case;
  • Law enforcement investigation did not result in charges and/or prosecution was declined;
  • The survivor chose to discontinue their involvement in the case;
  • Lack of resources and training for all involved to understand the importance of testing SAKs to identify repeat offenders and link cases together.

Research and case experience supports the value of collecting and testing sexual assault evidence and the importance of examining previously unsubmitted SAKs. Advances in science and technology can be leveraged to the benefit of these investigations more today than ever before. Cases may be linked, and serial offenders identified, which may prevent subsequent assault.

For further information regarding your case, we encourage you to contact the SAKI Information Hotline at 888-548-5463.

The Montana State Legislature has enacted laws to prevent SAKs from accumulating. 46-15-404, MCA outlines requirements for health care facilities and law enforcement to transfer SAKs within set time periods. 46-15-405, MCA requires MT DOJ to operate and maintain a statewide sexual assault evidence kit tracking system. SAKs are required to be tracked from collection site through the criminal justice process.

The Combined DNA Index System (CODIS) is a federal, state and local database that contains DNA profiles from known offenders and crime scenes. CODIS is used to generate investigative leads.  When a DNA profile is uploaded into CODIS and finds a matching DNA profile from a separate criminal offense or known offender, it is referred to as a “CODIS Hit” and can be used as an investigative lead by law enforcement.

  • Forensic Hit: DNA profile matches a DNA profile from a separate criminal offense, but the identity remains unknown.
  • Offender Hit: DNA profile matches a known offender, and a possible perpetrator is identified.

Please visit:  https://www.fbi.gov/services/laboratory/biometric-analysis/codis

The FBI Violent Criminal Apprehension Program (ViCAP) is a database designed to track and correlate information on violent crime, including homicide, sexual assault, kidnapping, missing persons where foul play is suspected, and unidentified human remains. Law enforcement officials can enter cases in this system as a tool to solve potentially connected investigations.

Please visit: https://www.fbi.gov/wanted/vicap

Partially tested SAKs have only been subjected to serological screening or have previously been tested using non-CODIS-eligible DNA methodologies. Unsubmitted SAKs have not been submitted to a forensic laboratory for testing and analysis using CODIS–eligible DNA methodologies. 

OVS