In the lead-up to the North Carolina Senate race, an advertisement funded by a Republican super PAC has generated controversy through the assertion that Roy Cooper, the state’s Democratic gubernatorial candidate and former attorney general, “let 16,000 untested rape kits sit on the shelf.” This claim, which implies neglect on Cooper’s part, overlooks crucial details about the custody and testing of these kits.
The forensic kits in question, containing essential evidence used in sexual assault investigations—including swabs and DNA samples—were primarily under the control of various local law enforcement agencies and were not tested at the state crime laboratory that Cooper oversaw during his attorney general tenure. Consequently, it was only following a legislative mandate for an inventory in 2017, after Cooper had transitioned to governorship, that the true number of untested kits in local jurisdictions became known.
Facing Republican challenger Michael Whatley, Cooper’s campaign responded robustly to the ad’s message. The campaign clarified that the figure cited in the advertisement reflected the state of local law enforcement’s inventory, discovered only after Cooper had left the attorney general’s office. This lack of oversight at the local level, not a failure by Cooper, contributed to the backlog.
In 2017, a law was passed requiring local law enforcement agencies to inventory the rape kits in their custody, prompting a groundbreaking audit of these untested cases. Subsequent reports revealed that many of these kits were associated with cases classified as unfounded, resolved, or linked to situations where the victims chose anonymized reporting, highlighting the complexity of the situation rather than a binary failure of governance.
Further legislative actions, including the 2019 Survivor Act that Cooper signed into law, enhanced protocols requiring local agencies to submit sexual assault evidence kits to the state crime lab promptly, signifying a proactive legislative response to a pervasive issue.
The advertisement is financed by No Going Back PAC Inc., linked to MAGA Inc., which has reportedly spent over .3 million on its ad campaign since mid-September. Critics argue that misrepresentations risk undermining a critical conversation about addressing sexual violence and supporting survivors.
Cooper’s campaign emphasized the importance of collaboration and systemic reform when addressing the backlogs in rape kit testing. They stressed that the complexities surrounding the situation require collective accountability among various stakeholders, rather than attributing sole responsibility to an individual.
As this political narrative unfolds, it has profound implications not only for the candidates involved but also for discussions regarding criminal justice reform, sexual assault prevention, and systemic accountability in law enforcement.
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