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Colorado Rape Victims Wait 568 Days for Evidence Tests: A New Law May Soon Help

"To the perpetrators who've lucked out on this broken system for far too long: Time's up."
Image: Crime lab scientist
CBI estimates it will take until the spring of 2027 to reach a ninety-day turnaround time for rape kits. cbi.colorado.gov
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Colorado's backlog of untested rape kits shot to the forefront of state attention in January, when a sexual assault survivor detailed her "real-life nightmare" to lawmakers.

Miranda Gordon had been waiting more than 400 days for the state to process DNA evidence from her assault. The Colorado Bureau of Investigation's goal turnaround time for rape kits is ninety days, but in January, testing took 517 days on average. During that wait, victims are often unable to pursue criminal charges, restraining orders or, at times, even learn the full extent of what happened to them.

Five months after Gordon shared her story, the average turnaround time for rape kits is even longer, reaching 568 days as of May 31, according to the CBI. But change may at last be on the way.

Governor Jared Polis signed the Miranda Gordon Justice for Survivors Act into law on Tuesday, June 3. Named after and inspired by Gordon's experience, the law is designed to help cut down on the backlog and prevent it from growing again.

"This is a bittersweet victory for me and so many others," Gordon says. "While on one end it's amazing to see positive change happen, it's hard to forget at what expense this change came — from my own immense pain and the pain of 1,400-plus others."

The new law makes several changes, including requiring law enforcement to notify victims every ninety days if their DNA test results haven't been received; directing crime labs to try to analyze test kits within sixty days; and mandating reports on the backlog every thirty days to lawmakers and via a public dashboard.

It also establishes a review board to evaluate current protocols, standards and training practices for the criminal justice response to sexual assault cases, and to make recommendations for improvement by November 2026.

In addition to passing the bill behind this new law, state legislators reallocated $3 million to CBI to address the backlog and passed another bill to clarify standards for reporting misconduct in crime labs. The $3 million will pay for the testing of 1,000 rape kits in private labs as CBI works to train and hire more DNA scientists to increase the department's testing capacity.

"My hope for this new law is that it prevents or at least lessens the suffering I've gone through for the unfortunate future survivors that will come after me," Gordon says. "And that it sends a message to the perpetrators who've lucked out on this broken system for far too long: Time's up. Colorado is making it a priority now to deliver swift justice for survivors and the safety of the community at large."

According to CBI, the backlog originally stemmed from staffing changes in 2022. That year, two DNA scientists reportedly resigned and seven more were on extended leave. As it takes up to two years to train new DNA scientists, the department quickly fell behind. The average turnaround time for rape kits jumped from 145 days in July 2022 to 240 days in May 2023. Then came the Missy Woods scandal.

In late 2023, CBI discovered that star forensic scientist Woods manipulated DNA data and posted incomplete test results in some of her cases. All of Woods's 10,786 cases had to be reviewed, taking most CBI scientists away from casework for months and exacerbating the backlog to current levels.
click to enlarge Former CBI analyst Yvonne "Missy" Woods speaking during an interview.
Yvonne "Missy" Woods was charged with 52 counts of forgery, 48 counts of attempt to influence a public servant, one count of first-degree perjury and one count of cybercrime.
9News/YouTube
There were 1,324 rape kits in the backlog as of May 31, including 489 cases that have been waiting since before July of 2024. One of the impacted cases is that of Representative Jenny Willford, a prime sponsor behind the law, who says she was sexually assaulted by her Lyft driver in February 2024.

"CBI’s backlog exceeding 550 days is unacceptable,” Willford says in a statement. “There are over 1,300 survivors waiting for their results, and each number is a real person who is seeking the answers they need to pursue accountability and justice. Survivors deserve better, and this law shows them that Colorado stands with them in their fight.”

Under the CBI's current plan, the backlog will start shrinking in July, with all of the kits currently awaiting testing expected to be processed by the end of the year. But as CBI receives around 100 new kits every month, the department estimates it will take until the spring of 2027 to reach its goal turnaround time of ninety days.

While the future looks brighter, concerns remain.

"I'll believe it when I see it," says Angelique Perrin, a sexual assault survivor and activist. "I still don't think CBI, and even most legislators, understand the trust that's been broken from the survivor perspective. Me, personally? I will never trust anything CBI says or puts on a spreadsheet, now or ever. They've repeatedly proven they aren't to be trusted."

Frustrated with the CBI's slow-moving timeline, Perrin and fellow survivor Kelsey Harbert launched a GoFundMe in March to raise money to help clear the backlog. As of June 4, they'd raised over $10,000 — which they plan to disperse to the Joint Budget Committee next week for kit processing on the municipal level.

While she is skeptical, Perrin says she "finds value" in the review board. Harbert calls the board a "massive improvement to the system," noting that she unsuccessfully pushed for legislators to add even more frequent reporting requirements and independent oversight for CBI. "But it's a step in the right direction," Harbert says.

After the governor signed the bill into law, Gordon was left with mixed feelings. She is still actively waiting on the results of her rape kit.

"It's hard to wrap my head around how I've been able to influence this extent of change in six months, yet I'm still waiting one-and-a-half years now for answers about my case, for justice, and to simply move forward with my life," Gordon says. "But for now, I'm doing my best to see the bigger picture."

Gordon is focusing on the positive outcomes from her assault, the impact she has made for other survivors and the strong role model she has been for her daughter. She appreciates the urgency of state legislators after she shared her story with them in January, saying it's reassuring "to know that there are authentic, caring, empathetic humans representing the people of Colorado.

"We should all feel hope knowing that, at the very least."