For years, survivors of sexual violence have faced an impossible decision when it comes to reporting and rape kits. Report to law enforcement immediately or risk losing the ability to have their rape kit tested. Now, Texas is taking a step that many advocates have pushed for across the country.
A new law, HB 1422, creates a limited consent DNA testing program that allows survivors to have sexual assault evidence tested without filing a police report.
And let me say this clearly, this is exactly the kind of survivor-centered approach our systems need. Because healing does not move on a law enforcement timeline.
What the New Texas Law Does
Under this new program, survivors can:
- Receive a forensic medical exam
- Have evidence collected and tested for foreign DNA
- Access limited testing results through a tracking system
- Choose later whether to involve law enforcement
The DNA analysis is intentionally limited. Survivors receive information about whether foreign DNA is present but the results are not automatically uploaded to law enforcement databases or shared with police unless the survivor later gives additional consent.
Evidence collected under this program is preserved for up to five years, giving survivors valuable time to process what happened and decide how they want to proceed.
That part matters more than people realize.
Why Survivor Choice Is So Critical
Trauma changes how people respond to violence.Many survivors do not report immediately and that is normal. Only about one in three survivors nationally report sexual assault to law enforcement.
There are many reasons:
- Fear of not being believed
- Shame or self-blame
- Trauma responses that delay disclosure
- Concerns about retaliation
- Distrust of the legal system
When systems force survivors to choose between immediate reporting or losing access to evidence, they are not supporting healing they are creating pressure. This new Texas law recognizes something survivors have been saying for years. Information and time are empowering.
Survivors deserve space to process, not deadlines that demand immediate decisions. Survivors also have rights that need to be acknowledged.
The National Conversation: Laws Across the Country
Texas is not alone in rethinking how sexual assault evidence is handled. Across the United States, states have worked to address failures in rape kit testing and preservation.
National efforts through the Sexual Assault Kit Initiative (SAKI) have helped jurisdictions inventory and test hundreds of thousands of kits:
- More than 245,000 kits inventoried
- Over 97,000 tested
- Thousands of cases charged and convictions secured
Some states have dramatically reduced backlogs. Others still struggle with delays and inconsistent policies. Data shows that while some jurisdictions eliminated historical backlogs, others continue to see growth or testing delays.
This inconsistency creates what many advocates call a justice lottery where outcomes depend on geography instead of survivor rights.
The Hard Truth About Backlogs
Let’s be honest about what happens when systems fail to test kits.
Survivors wait.
Cases go cold.
Offenders remain free.
Advocates and law enforcement alike have warned for years that untested kits mean missed opportunities to identify serial offenders and prevent further harm. Even in places where reforms exist, capacity issues remain a concern. Advocates in Texas have already raised questions about whether labs have enough resources to handle increased testing demand under the new law. Because passing legislation is step one. Following through is where accountability really lives.
Why Testing and Preservation Matter So Much
When a survivor undergoes a forensic exam, they are doing something extraordinarily difficult.
The process can be invasive, exhausting, and emotionally overwhelming.
To then discover that:
- A kit sat untested for years, or
- Evidence was lost or destroyed, or
- Law enforcement failed to follow timelines
…that is a profound institutional betrayal.
Evidence must be:
- Tested in a timely manner
- Tracked transparently
- Preserved safely
- Handled with respect for survivor autonomy
Anything less tells survivors their pain wasn’t worth the effort.
Time Is a Trauma-Informed Tool
One of the most important pieces of the Texas law is something simple:
Time.
The program gives survivors time to decide whether to pursue a police report while still preserving critical evidence. That aligns with what trauma science teaches us. Survivors often need space before they are ready to engage with the criminal legal system. Giving them options increases the likelihood that they will eventually participate on their own terms.
And that matters because forced timelines rarely produce healing or justice.
Law Enforcement Must Hold Up Their End of the Bargain
Here is the part we have to say out loud.
Reform does not end at legislation.
Law enforcement agencies, hospitals, and crime labs must:
- Submit kits promptly
- Test evidence within required timelines
- Maintain accurate tracking systems
- Preserve evidence responsibly
- Communicate clearly with survivors
Survivors are doing their part when they undergo forensic exams. Systems must do theirs. When kits sit untested or disappear, the message survivors hear is devastating:
“You mattered less than paperwork.”
That cannot be the standard.
The Bigger Picture: Survivor-Centered Justice
What Texas is doing represents a shift toward something advocates have been demanding for decades survivor-centered justice.
That means:
- Options instead of ultimatums
- Transparency instead of silence
- Choice instead of pressure
- Accountability instead of delay
It also means recognizing that justice looks different for every survivor.
Some want prosecution.
Some want answers.
Some simply want proof that what they experienced mattered.
All of those paths are valid.
A Message to Survivors
If you are reading this and wondering whether your timeline is “too late,” please hear me: There is no correct timeline for healing or disclosure. You deserve to make informed decisions when you are ready not when systems demand it. And laws like this show that change is possible when survivors and advocates push hard enough.
What’s Needed Now
Texas’ new rape kit testing law is a step forward not because it guarantees justice, but because it expands choice.
Now the rest of the country must continue moving in the same direction:
- Test every kit
- Preserve evidence properly
- Give survivors options
- Hold institutions accountable
Because justice should never depend on how quickly someone can process trauma.
Survivors deserve time.
Survivors deserve options.
And systems must meet them there.
When your rights are violated there is hope and there are resources. Contact our trauma-informed sexual abuse lawyers today. 1-866-753-5458