9 Investigates

9 Investigates back log of rape cases in Volusia County

VOLUSIA COUNTY, Fla. — At least one of every five rape kits processed during the first wave of clearing a massive state backlog has led to a DNA match of a potential suspect, 9 Investigates has learned.

Investigative reporter Karla Ray checked on the status of local kits and found that the new law aimed at clearing out the backlog could help solve at least one decades-old rape case in Volusia County.

Like more than 13,000 sexual assault kits across the state of Florida, one kit in Volusia County sat untested for years.

“As far as why it wasn’t sent, I don’t know. I think it was one that just slipped through the cracks,” Volusia County Lt. Pat Thoman said.

This kit in particular was nearly 20 years old. The victim in the cold case was just a teenager.

“There was never a thought that anyone would be held accountable. It's been roughly 20 years,” Thoman said.

About 1,100 of those were local cases.

Thoman said 200 of those were Volusia County Sheriff's Office cases.
Among them was the teenage girl's, which produced a DNA hit during the first wave of testing.

"Really, without the evidence from the DNA kit, we would still be in the same position in that case, without knowing a suspect.
Sending it to the lab was a huge benefit," Thoman said.

Though many of the kits went untested because they weren't suitable for potential prosecution, of 1,814 backlogged kits tested from July 2015 to October 2015, 406 produced a DNA match to known felony offenders.
That's more than one in five.

"It is frustrating to know, and I think at times we let victims down.
It's not out of negligence, it's out of manpower and the ability to follow up on these cases," Thoman said.

Still, not all of those hits will lead to reopening old cases.

In Volusia County alone, 12 kits received a DNA match, but only one so far is being reopened.

Thoman said it’s all worth it for the woman who has waited 20 years for justice.

“I would rather put extra work into getting these tested than not send them and let a victim down,” Thoman said.

Volusia County investigators expect to make an arrest in that case soon.

The new law also provided money to test new sexual assault kits in a timely manner.
Kits are required to be turned around by a lab within 120 days.

The FDLE hopes to clear 8,600 kits from the backlog by June 2019.