By Jen Schumann | Contributing Writer, Rocky Mountain Voice
In Colorado, when someone is raped, it may take more than a year before a district attorney can assess the evidence and open an investigation. The problem is because of long delays in processing rape kits, which takes more than 400 days now, exceeding the state’s 90-day goal.
To put the rape kit backlog issue into perspective, investigations cannot begin without the results of the forensic analysis, making the overall delay even more damaging.
“The longer we’re delaying the ability for the criminal justice system to even begin — not just to complete a trial, but for law enforcement and prosecutors to start an investigation — justice is completely stalled,” said Republican Rep. Matt Soper, who represents District 54 in the Colorado House.
“We are essentially leaving criminals unchecked because of these delays. If over 400 days pass before something is tested, it means more than a year where a perpetrator can evade justice and potentially harm others,” Soper said.
This issue was front and center at the Joint Judiciary Committee SMART Government Act hearing on Jan. 8. SMART Act hearings have been held since 2010 to provide transparency and accountability. State departments are required to present performance plans, enabling lawmakers and the public to assess their success in meeting objectives.
Miranda Spencer’s testimony highlighted the crisis. She began with a plea for change, “I’m a sexual assault survivor, and I’m here to ask in the oversight hearing of the Department of Public Safety that we address the public safety issue of the staggering wait times for processing rape kits in Colorado.”
“Over 400 days ago, I sat in a hospital, terrified, confused, shocked and broken after going on a date that would end up being the biggest regret of my life. I was drugged with fentanyl, sexually assaulted and left incapacitated in my own vomit in my home. For over 400 days, I’ve not felt safe — in public, in my own home, not even in my own body,” Spencer shared.
She talked about the emotional toll this has had on her.
“I can’t heal, get closure or move forward with my life. I’m forced to relive over and over again what is likely to be the absolute worst experience of my life while this process drags on with no end in sight.”
Spencer urged lawmakers to act decisively: “I ask that you remember me and my story, and every story just like mine, as you make policy and budget decisions around how to end the rape kit backlog.”
Advocate Kelsey Herbert also testified, sharing insights from her experience helping survivors navigate the reporting process.
“That’s how I came to meet Miranda and hear her story. Unfortunately, she’s not an outlier. This is not one lab. This is not one case,” Herbert explained.
She pointed to Colorado’s failure to meet federal rape kit data standards in comparison with other states.
“Connecticut and Massachusetts both cleared their backlogs in their labs within 30 days, both of which had about the same amount of kits that we are currently processing in about a year,” Herbert stated. “So I would like to understand what it would take to really clear out the backlog of submitted kits.”
Soper’s concern over rape kit forensics prompted him to push for legislation in a previous term. In 2021, he co-sponsored HB21-1143 – Protect Survivors’ Rights to Rape Kit Evidence, to ensure victims are notified before evidence is destroyed. After Spencer’s testimony, he realized more reform is needed.
“Hearing [Spencer’s] story, all I could think about was the phrase ‘justice delayed is justice denied.’ This is the applicability of that phrase — the longer we delay the criminal justice system, the more victims suffer,” Soper said.
The urgency for reform hits home with the high-profile case of Missy Woods, a former forensic scientist now facing 102 felony charges in Jefferson County. Woods was indicted for falsifying DNA evidence in over 1,000 cases during her almost three-decade career at the Colorado Bureau of Investigation (CBI).
Her misconduct has redirected the CBI’s resources to retesting cases, further delaying work on the rape kit backlog. For victims, this has meant even longer delays and has shaken trust in the state’s forensic system.
“The Missy Woods case showed us how devastating the lack of accountability can be. We need mandatory audits and better safeguards to ensure no single person can compromise the system again,” Soper said.
He outlined a multi-pronged legislative strategy to address the backlog and improve forensic accountability.
“We need to ensure our labs have the resources they need, whether that’s additional scientists, new equipment or outsourcing options,” Soper stated.
Soper proposes leveraging funds from ballot initiatives, such as Proposition 130, to directly address the backlog: “If we can allocate resources to this issue through ballot measure funding, we could see real progress in cutting down wait times and restoring trust in the system,” he explained.
A discussion among lawmakers and state agency leaders followed Spencer and Herbert’s testimony.
Stan Hilkey, executive director of the Colorado Department of Public Safety (CDPS), expressed regret for the state’s shortcomings: “Hearing these stories is heartbreaking. It’s a painful reminder of the human cost of our failures, and we are committed to making things work.”
Hilkey detailed the challenges facing the CBI.
“We currently have 31 DNA scientists, but only 16 are doing casework because the rest are in training or handling retests. It’s a function of time and resources, but we are working to address it,” he explained.
Sen. Mike Weissman emphasized the need for legislative action, “This isn’t just a bureaucratic issue. It’s a moral one. We need to muster the resources to clear this backlog, whether it’s hiring more scientists, outsourcing or changing laws to make this process faster.”
He urged the CDPS to provide clear data and actionable solutions: “Tell us what you need so we can help you help survivors.”
Rep. Serena Garcia voiced frustration with the lack of urgency. “The way victims are treated perpetuates the idea that women aren’t valued. I want to see and feel the urgency to address this — not just words, but aggressive action.”
Soper pointed out the value of Coloradans sharing their stories to influence legislation.
“People may get frustrated with how slow government moves at times, but when citizens come to the Capitol and testify, it puts things back in perspective for lawmakers,” Soper explained. “There are those moments where someone’s story hits legislators emotionally, and it’s like a logjam vanishes. Suddenly, we’re able to address problems more urgently.”
Reflecting on Spencer’s testimony, Soper noted, “Her story was very compelling and it highlighted something the CBI didn’t want legislators to fully grasp. That’s why hearing directly from citizens is so critical. Their voices can lead to immediate changes in law and policy.”
Soper urges Coloradans to engage with their representatives with thoughtful persistence.
“Whether it’s reaching out to legislators or the governor, citizens have the power to rein government back in. But it requires both courage and a willingness to offer practical ideas that help move us forward,” Soper said. “The best ideas often come from people on the front lines — those directly impacted by these issues. They are the ones who understand what needs to change and how it can be done.”