Madison Reporter

Senator Rob Cowles (R-Green Bay) released a statement reacting to Audit Report 24-6 on the Wisconsin Department of Justice’s (DOJ) timeliness in analyzing evidence, which was issued by the nonpartisan Legislative Audit Bureau (LAB).

“I was pleased with the unanimous support we received on 2021 Wisconsin Act 116, a bill that I had worked on for several years to get passed and establish timelines on the handling of sexual assault kits, and 2023 Wisconsin Act 58, a bill I co-sponsored to establish timelines on the processing of sexual assault kits. As the deadline for the implementation of Act 58 approaches, this report was released at a perfect time to get a better picture of how the processing of sexual assault kits is currently being handled within DOJ,” stated Cowles.

He expressed concern over the findings: “Unfortunately, the report found what I’d consider to be unsatisfactory results. With more than 97% of kits that were processed by outside labs taking more than six months to complete, it’s going to be difficult for DOJ to meet their upcoming statutory obligations. The delays in testing, along with the choice to send many tests to outside labs in the first place, goes against the spirit and language of Acts 116 and 58. This is despite the additional funding and positions that DOJ has received in recent budgets.”

Cowles highlighted an assertion made by DOJ as reported by LAB: “Further, DOJ asserts, according to LAB, that ‘evidence it sends to the private laboratory is not associated … with cases that represent a threat to public safety.’ This is particularly disturbing. Everyone should be able to agree that survivors of sexual assault need to be supported by the criminal justice system, and that offenders of these heinous crimes do indeed represent a threat to public safety.”

Reflecting on legislative goals regarding evidence treatment protocols established by Acts 116 and 58, Cowles added: “The goals of these two new laws were to recognize the faults of the past in treating this evidence and ensure we never make the same mistake again. It’s disheartening that we haven’t fully learned from those mistakes.”

Cowles urged action from DOJ: “I encourage DOJ to promptly fill their vacant positions, including those approved in recent budgets; evaluate their relationship with private labs that cannot act expeditiously with crucial evidence; and if necessary seek additional help from Legislature ensuring we don’t fall backwards letting sexual offenders roam free because we couldn’t treat evidence with urgency it deserves.”