PIERRE, S.D. - South Dakota's new rape kit testing law is now in effect, but a sexual assault victims' group argues it may not go far enough to tackle the state's backlog.
Currently, only about 350 untested rape kits are accounted for in South Dakota. Researchers at the Joyful Heart Foundation, however, believe it's likely that more could be sitting in police storage facilities.
Foundation spokeswoman and director of policy and advocacy Ilse Knecht says the new law takes a step in the right direction by requiring for the first time that state police must test DNA evidence collected from new rape kits.
But Knecht says it falls short by not requiring the state to find out exactly how many kits have gone untested, with some kits sitting in storage possibly for years.
"Addressing the untested rape kit backlog starts first with knowing what the extent of the problem is," she says. "It's wonderful they've passed the law addressing the incoming kits, the new cases, but for full reform we believe that you have to audit the whole state."
Knecht says going forward, state lawmakers should consider updating how police track the kits and create new survivor-centered policies for how victims are notified once a kit is tested.
According to a new report from the Joyful Heart Foundation, a majority of survivors and criminal justice and medical professionals agree sexual assault victims should be given a choice about if or how they get updates about their cases. Knecht says these changes can help avoid re-traumatizing a rape survivor.
"We have to remember that these survivors have waited a very long time for justice," she says. "Their cases have been neglected and many of them have been treated poorly by the criminal justice system in the past."
South Dakota's new rape kit law requires that hospitals must report a case to police within 24 hours, and that law enforcement now has only 90 days to complete testing.
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January is National Human Trafficking Prevention Month and educators are training workers in key industries to recognize and report the crime, including energy workers in places like Montana.
Human trafficking is the use of force, fraud or coercion to exploit people for sex or labor.
Lindsey Mattson, director of industry engagement for the group TAT, formerly known as Truckers Against Trafficking, said the industry makes big illicit profits globally, second only to the drug trade.
TAT now trains groups across the transportation sector that are likely to intersect with traffickers including energy workers and people working at truck stops and dealerships.
"We can mobilize millions of people to move from passive bystanders to active disrupters," Mattson explained. "That is really our goal, is to train as many people as possible throughout all transportation industries to truly have an impact on fighting this crime."
Gov. Greg Gianforte and Attorney General Austin Knudsen have prioritized addressing human trafficking in Montana. A 2023 law increased penalties for both traffickers and patrons. The state's Department of Justice worked nearly 130 cases related to trafficking in 2024.
Mattson stressed energy workers are vital eyes and ears on the ground, because they may use the same gas stations and hotels as traffickers. The workers themselves are targeted because they are often stationed in one place.
"They look for concentrations of men housed away from home with purchasing power," Mattson noted. "For the energy industry, something like a work camp or project location."
TAT has trained nearly 2 million professionals to identify and report the crime, including 50,000 energy workers in 43 companies.
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January is National Human Trafficking Prevention Month. In South Dakota, the push to secure justice for Missing and Murdered Indigenous Women remains a priority, but some call for more resources.
This crisis has garnered more attention at the national level in recent years, including the 2023 launch of an outreach program led by federal authorities.
South Dakota is a host district for one of the handful of U.S. attorneys assigned to this effort.
While that extra leadership might be helpful, Tanya Grassel-Kreitlow - a coordinator with the South Dakota Network Against Family Violence and Sexual Assault - said there still isn't enough funding to accelerate meaningful progress.
"We are desperate for funding," said Grassel-Kreitlow, "and without funding, we are not able to provide advocacy to work with the families of the missing, and to work with the potential victims - who we've identified through a lot of factors who have the potential to become missing."
She spoke during a forum last week hosted by the South Dakota Humanities Council. Panel members also said agencies still don't share enough intelligence to prevent crimes.
Funding came up during a Congressional hearing last fall, and a key lawmaker pledged a bigger level of support moving forward.
But it's unclear what that will look like when budget negotiations resume in the spring.
Lily Mendoza is a 2024 Bush Fellow and is the founder of the Red Ribbon Skirt Society out of Rapid City.
She said federal officials have improved their listening efforts when grassroots groups speak out on this issue.
And the Society reports good relationships with local law enforcement - but Mendoza said her team still has to fill in gaps to ensure accountability.
"You know, 'I got a call from a parent. They're concerned about their child. Can you check into this?'' said Mendoza. "So, those systems that the Not Invisible Act is supposed to be putting in place, the grassroots organizations are taking that on."
Mendoza said she does applaud a specialized federal unit, that launched in 2021, that can more freely navigate the country to help look into these cases.
According to federal data, 40% of all victims of sex trafficking are identified as American Indian and Alaska Native women.
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Today is International Human Rights Day, and much attention has been paid to North Dakota's growing refugee population and an assistance group suggested more individuals will resettle here, creating a number of positives.
In the federal fiscal year that recently ended, the organization Global Refuge said North Dakota welcomed more than 280 refugees, nearly double the previous year.
Dan Hannaher, North Dakota field director for the nonprofit, said there is room for more with employers clamoring for individuals to fill open jobs. He emphasized by welcoming new populations and helping them meet basic needs right off the start, local economies function better.
"Whether it's manufacturing, health care, retail, refugee resettlement and immigration is a key to our economic success," Hannaher contended.
Like other support groups, Hannaher stressed there is a difference between illegal immigration and programs allowing foreign-born individuals to seek a new life in America. He pointed out refugees are here legally but are still sometimes disparaged for "looking different."
State officials have prioritized linking new residents with job opportunities and Hannaher stressed as global conflicts evolve, it is likely more people fleeing those areas will need attention here.
Internationally, one of the main themes for this year's Human Rights Day is correcting misinformation and countering disinformation. Hannaher said even as refugees begin carving out new lives and play a role in their communities, some of their neighbors might still be overcoming preconceived notions.
"So often I feel that is the key to our problem is that it's difficult to recognize the unknown and understand it and get to know it," Hannaher observed.
Around the globe, countries taking in refugees have cited the need to address housing shortages as they try to accommodate new populations. North Dakota government has been brainstorming ideas on broader housing needs, with a series of recommendations recently unveiled.
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