The Challenges of Addressing Gender-Based Violence and Sexual Assault in Puerto Rico: Funding and Statistics
by Karla Hernandez and Gerald Ericksen, Directors of Vivo Alliance
4–1–25
INTRODUCTION
Gender-based violence and sexual assault remain critical issues in Puerto Rico. In recent years, the Puerto Rican government, alongside various national entities, has allocated substantial funding to improve forensic capabilities and support survivors of these crimes. However, gender-based violence rates in Puerto Rico appear to be rising, raising concerns about the effectiveness of these initiatives, including questions regarding mismanagement, lack of transparency, and systemic inefficiencies.
This report documents financial and statistical findings of the Advocacy and Accountability Project sponsored by Vivo Alliance, a nonprofit organization founded to address perceived problems with the Puerto Rican criminal justice system’s response to the crime of sexual assault and its victims. The purpose of this report is to examine crucial aspects of Puerto Rico’s response to gender-based violence, namely: funding allocation, government transparency, and government statistics pertaining to this problem.
Elsewhere, we report on our primary objective, which was to analyze Puerto Rico’s legal system as it pertains to victims’ rights and the prosecution of sexual assault crimes[1]. That investigation formed the foundation for our legislative recommendations, a proposed new Victims’ Bill of Rights for Puerto Rico, based on our review of Puerto Rican law and international best practices in sexual assault law.
In all of these efforts, Vivo Alliance aims to push for reforms that enhance transparency, accountability, and justice for survivors.
ANALYSIS
1. Funding for Gender-Based Violence and the Question of Accountability
Over the past five years, substantial amounts of public money have been awarded to address the problem of gender-based violence in Puerto Rico. Below is a description of the funding we have identified from a brief investigative effort. This is not a complete list, nor do we claim that it is entirely accurate, but it is presented to show the scale of the resources that have recently been allocated to combat gender-based violence in Puerto Rico.
a. Puerto Rico: $7 Million Allocation for a State of Emergency for Gender-Based Violence (2021)
In May 2021, after declaring a state of emergency for gender-based violence[2], the government of Puerto Rico allocated $7 million in funding to tackle the escalating crisis[3]. These funds were earmarked for various initiatives led by the PARE Committee (Prevention, Support, Rescue, and Education of Gender Violence), including prevention programs, survivor support organizations, public awareness campaigns, and a mobile app for reporting incidents. According to an investigative report, there were nine goals established by the Committee, three of which “were directly linked to prevention: the implementation of a gender-sensitive curriculum in schools, scheduled to begin in August 2021; the design and launch of an educational campaign in no more than 30 days; and preparing and presenting a comprehensive Gender-based Violence Prevention Plan in no more than 120 days.” The investigation concluded that “None of these goals were met.”[4]
A portion of these funds was allocated to the #ElMomentoDelPARE public media campaign, which experienced a significant budget overspend, growing from an initial $180,000 to $930,000. The campaign’s online and social media reach appeared to be limited. Critics noted that the media campaign lacked clear goals, measurable outcomes, and a strategic approach to tackling the root causes of gender-based violence[5]. After two-and-a-half years, the impact of this media campaign and the $7 million for the State of Emergency, on gender-based violence and its survivors is unknown.
b. Puerto Rico: $800,000 for a Rape Kit Tracking System (2021)
In 2021, the governor of Puerto Rico authorized $800,000 for the creation of a rape kit tracking system, which the Idaho State Police ultimately donated[6]. The rape kit tracking process involves collecting DNA evidence into a “rape kit” (by means of a forensic medical evaluation) following a sexual assault, transferring the kit to a criminal forensics agency for analysis, inputting results into the system, and granting victims access to track their kit’s status throughout this process.
However, the system functions properly only if government agencies are willing to input the necessary information, and in a timely way. Our analysis of the system’s effectiveness identified critical shortcomings, such as: limited access to kit numbers, delayed updates, procedural complexity, and inconsistencies in information retrieval. These, along with the fact that victims are entirely dependent on government agencies both to input the information and to provide them with their rape kit number, limit a victim’s ability to utilize this information that is crucial to their sexual assault criminal case. These systemic weaknesses can undermine the tracking system’s intended purpose, which is to empower victims to seek justice more effectively. There is reason to question the effectiveness of this system, which would likely benefit from a critical evaluation.
c. Manhattan District Attorney’s Office: $2 Million Grant for Processing Backlogged Rape Kits (2020)
In 2020, Puerto Rico received a $2 million grant from the Manhattan District Attorney’s Office designated for processing 1,500 backlogged (untested) rape kits, dating back as early as 2003[7]. However, the Puerto Rico Bureau of Forensic Sciences has not disclosed the current status of this initiative. It is unknown whether that money has been used to process the large backlog of rape kits that apparently existed in 2020, or whether a backlog of untested kits still remains in Puerto Rico. The lack of transparency regarding the progress of rape kit backlog testing leaves survivors without critical answers about the adjudication of their sexual assault cases.
d. U.S. Department of Justice, Office of Justice Programs (OJP): $28.8 million in Federal Grants, including Funds for Gender-based Violence (2023)
The majority of the funding was awarded to entities within the government of Puerto Rico and appeared applicable to gender-based violence, including: $13 million for victim assistance, $2.3 million for crisis intervention, $675,000 for reduction of the rape kit backlog, and $160,000 to eliminate rape in prisons. Also funded was $6.5 million to community NGOs for victim support services for victims of domestic violence, dating violence, sexual assault, and stalking[8].
e. U.S. Department of Justice: $4.8 million for Domestic Violence and Related Crimes (2024)
In 2024, several agencies within the federal government allocated $4.8 million to Puerto Rico for supporting victims of domestic violence and related crimes. Grant funds were received by both NGOs and the Puerto Rico Department of Justice. Notable designations for the funding included $1.27 million for crisis intervention programs, as well as allocations to enhance forensic science capabilities: $500,000 for cybercrime enforcement, $600,000 to address the backlog in processing DNA evidence (rape kits), and $294,696 to the Puerto Rico Institute of Forensic[9].
Total = $43.4 million allocated to gender-based violence: its prevention, prosecution, and/or the support of its victims.
The amount of funding directed at this problem raises the question as to whether there are oversight and accountability mechanisms in place to ensure the effective use of these funds, and whether these mechanisms are being employed.
2. Transparency Efforts and Lack of Government Responsiveness
For over a year, Vivo Alliance has pursued transparency regarding the handling of sexual assault forensic evidence in Puerto Rico. Through multiple formal requests under the Law of Transparency and Access to Public Information, we sought critical information from the Institute of Forensic Sciences, including:
● Processing protocols for rape kits, or Sexual Assault Kits (SAKs)
● SAK backlog data and kit testing rates
● Financial breakdown for expenditures of public funds awarded for the tracking and processing of SAKs, including the backlog
● Tracking and notification procedures protocols
● The number of kits tested and CODIS entries made
Despite persistent efforts, formal legal measures, and judicial appeals, our requests were met with bureaucratic delays, vague responses, and outright resistance. The only data ultimately provided was a single general statistic on the number of kits received by the forensic department — without any details on their processing, outcomes, or backlog status. The failure to disclose this essential information gives the appearance of pervasive institutional resistance to accountability within Puerto Rico’s forensic system.
a. Legal Barriers to Transparency Resulting in Case Dismissal
Despite sustained efforts to obtain transparency regarding the handling of sexual assault forensic evidence, our public records case[10] was ultimately dismissed on questionable legal grounds. The government relied on two primary arguments to justify the dismissal:
i. The case was moot — The court ruled that the controversy was resolved without judicial intervention because the requested information had already been published on the Puerto Rico Institute of Forensic Sciences’ website. However, the data made available did not address the specific concerns raised regarding forensic evidence management, backlog status, or the utilization of allocated funds. The release of limited or generalized information does not equate to meaningful transparency.
ii. Loopholes in the transparency law — The government claimed that the Law of Transparency and Access to Public Information only obligates agencies to publish existing data rather than create new reports or documents upon request. They argued that our inquiries amounted to a questionnaire rather than a legitimate request for publicly available records. As a result, they maintained that they were only required to provide information they already publish, rather than compile or analyze additional data.
This ruling exposes a critical gap in forensic transparency and accountability. By asserting that they are only required to release pre-existing reports, government agencies can withhold essential details simply by choosing not to document them. This loophole allows institutions to evade oversight and obstruct public access to vital forensic data.
The failure to ensure transparency in forensic processes undermines the integrity of Puerto Rico’s criminal justice system and perpetuates systemic barriers to justice for survivors of sexual assault. Strengthening transparency laws, enforcing compliance, and holding institutions accountable for their use of forensic funding are essential to addressing these longstanding issues.
b. The Reality of Data Availability and Accountability
In a meeting with the CEO of Bode Technology, a private forensics laboratory located in the United States, it was revealed that Puerto Rico has had a government contract with this company for outsourcing the testing of rape kits for the past five years. However, Bode Technology does not know whether the kits they have tested are recent or from a backlog of rape kits in Puerto Rico. They confirmed that they have the relevant data and have sought permission from the Puerto Rico Bureau of Forensic Sciences to share this information with us, citing government contract restrictions that prevent them from disclosing the data without official consent. But the forensic department has not responded to their request[11].
This situation highlights the core issue: the data exists, but bureaucratic barriers prevent its release. Under the Law of Transparency, such information should have been accessible to the public. The refusal to provide these records raises serious concerns about accountability, transparency, and the forensic department’s willingness to engage in good-faith disclosure practices. If the government does not possess the necessary information, it points to a failure in forensic data management. If the information is being deliberately withheld, it reflects a systemic obstruction of transparency. Either scenario is unacceptable, reinforcing the necessity for stricter transparency laws and oversight mechanisms.
3. Discrepancies in Statistical Reporting and the Appearance of Worsening Trends
a. Inconsistent Numbers and Under-Reporting for Sexual Assault
It is well-established that rape is the most under-reported crime. Only 37% of actual sexual assaults are reported to the police, according to the National Sexual Violence Resource Center[12]. However, in Puerto Rico, even the true scale of the reported cases is unclear due to significant discrepancies in the statistics across different government agencies. For example, the Puerto Rico Department of Justice reported only 65 cases of rape in 2023, whereas the Office of the Women’s Advocate recorded 156 cases. The FBI’s 2020 statistics, meanwhile, listed 148 rapes in Puerto Rico, far exceeding the 33 cases reported by the Department of Justice and the 87 reported by the Office of the Women’s Advocate that same year (see Table 1). An important side note: Unfortunately, the FBI’s Uniform Crime Report does not show any numbers for rape in Puerto Rico after the year 2020[13], which suggests that officials in Puerto Rico have stopped inputting the data into this important criminal justice information system. This means that, in these important criminal reports, current and recent comparisons cannot be made between Puerto Rico and other U.S. jurisdictions.
Puerto Rico’s statistics about rape kits raise questions as well. In each of the past five years of reporting, the number of rape kits submitted to the police was substantially higher than the government’s report of the number of sexual assaults. For example, in 2021, the Department of Justice reported 73 rapes and the Office of the Women’s Advocate reported 93, whereas the Institute of Forensic Sciences reported 188 rape kits submitted that year (see Table 1).
In contrast to the above numbers, a 2016 report by the Puerto Rico Health Department is quoted as reporting a rate of 56 rapes per 100,000 in 2015, which would be an estimated 1,950 rapes in Puerto Rico that year[14]. This is much higher than the 136 reported by the Office of the Women’s Advocate in the same time frame, and significantly higher than the U.S. rate of 39 rapes per 100,000 that year (see Tables 1 and 2).
Finally, the government’s record of sexual assault convictions is concerning. In the past 5 years, there have been only 137 convictions reported for the crime of sexual assault, compared to the 1,011 rape kits that were submitted to police as evidence that a sexual assault had been committed (see Table 1). Whether or not these numbers are precise, the wide gap between them points to a need for greater justice for sexual assault victims through better prosecutorial outcomes, and raises the question of whether Puerto Rico’s laws need to be revised to achieve that goal.
b. Office of the Women’s Advocate shows Rising Numbers for Sexual Assault and Gender-based Violence in Puerto Rico
Notwithstanding the underreporting and inconsistency between agencies in the rape data, there are credible indicators that suggest an escalation in the rate of gender-based violence in Puerto Rico. Even without knowing the actual numbers of rape crimes in Puerto Rico, if we assume there is consistency within an agency in its method of documenting these crimes from year-to-year, then the change across time can indicate a trend. Looking at statistics from the Office of the Women’s Advocate, the annual number of reported rapes more than tripled from 93 in 2021 to 334 in 2024. Additionally, annual reported femicides, or the killing of women due to gender-based violence, doubled from 2021 to 2024. Moreover, the annual numbers for domestic violence increased by 1,167 in this timeframe, to 9,043, an increase of 15% in the annual rate. (See Table 1 for all of these numbers.) This pattern suggests that gender-based violence has been rising considerably in Puerto Rico since the Declaration of a State of Emergency in 2021.
c. A Need for Accuracy in Sexual Violence Reporting
In summary, significant discrepancies between the various government statistics on rape in Puerto Rico indicate there is likely substantial misreporting and/or underreporting of sexual assaults in Puerto Rico, making it difficult to assess the true extent of this problem and the extent to which criminals are being brought to justice. The same may also be true for the other indicators of gender-based violence within the government’s statistical reports. There appears to be a clear need for improvement in Puerto Rico’s system of documentation for these crimes.
4. Victims’ Rights in the Prosecution of Sexual Assault
As mentioned previously, Vivo Alliance has sponsored an analysis, through the University of Puerto Rico Law School, of the laws pertaining to the rights of victims of sexual assault and the effective management of DNA evidence (i.e., rape kits). We looked for deficits and best practices in the legal systems of Puerto Rico, the United States, and international governments. Our review found significant deficits in Puerto Rico’s laws with regard to a victim’s right to: 1) be fully informed of criminal case progress and decisions, 2) have meaningful involvement in case management, 3) have access to effective mechanisms for challenging prosecutorial decisions and/or rights violations, and 4) have their own representation — legal and otherwise — to assist them in navigating the criminal justice system. We also found significant gaps in Puerto Rico’s laws pertaining to the effective management of DNA evidence (rape kits). Finally, our analysis identified best practices in other jurisdictions that can serve as the basis for legal reforms to address these shortcomings[15]. These reforms are contained in a legislative proposal that we intend to bring before Puerto Rico’s legislature in the near term.
SUMMARY
The amount of funding allocated to combat gender-based violence and sexual assault in Puerto Rico has been substantial over the past five years, especially since the 2021 Declaration of a State of Emergency for gender-based violence.
Funding Allocation for Gender-Based Violence in Puerto Rico (2020–2024):
● Puerto Rico (2021): $7M for gender-based violence initiatives.
● Puerto Rico (2021): $800K for Rape Kit Tracking System.
● Manhattan District Attorney’s Office (2020): $2M for rape kit backlog testing.
● U.S. Department of Justice — Office of Justice Programs (2023): $28.8M for forensic science & gender-based violence efforts
● U.S. Department of Justice (2024): $4.8M for victim support programs.
Total Funding:
● Total: $43.4M
● State: $7.8M (18%)
● Federal: $35.6M (82%)
Our brief review has identified roughly $43 million that appears to have been recently allocated in Puerto Rico for the purpose of a more effective response to gender-based violence and its victims. Yet the impact of these funds is largely unknown, as is the way in which much of this money has been spent. Even more concerning is that, notwithstanding discrepancies in statistical reporting, there is evidence that rape and femicide have increased substantially since Puerto Rico’s State of Emergency Declaration — with rape appearing to triple and femicide appearing to double. In addition, $3.3 million of these funds were allocated to address the rape kit backlog in Puerto Rico, yet the current status of this backlog has not been made known to the public. Moreover, criminal convictions for sexual assault appear to be rare.
In the past year, Vivo Alliance has made considerable effort to obtain information from the Puerto Rican government, through formal channels, about the use of these funds and the status of the rape kit backlog, but without success. Instead, we have seen evidence of persistent inefficiencies, bureaucratic barriers, and a fundamental lack of accountability that appears to hinder progress in addressing these critical issues. While financial investment in crime prevention, victim rehabilitation, and forensic advancements has been substantial, survivors often encounter systemic delays and a system that fails to provide justice.
CONCLUSION
A justice system should not be evaluated solely by the amount of funding it receives but by the outcomes it delivers. Public safety cannot be improved through indiscriminate spending. Tens of millions of dollars have been allocated to initiatives aimed at addressing gender-based violence in Puerto Rico, including the PARE Committee, the Puerto Rico Institute of Forensic Sciences, and the Rape Kit Backlog and Tracking System. Yet, the absence of measurable progress calls into question the efficacy of these financial investments. The apparent lack of performance-based benchmarks, coupled with inconsistent and questionable crime data reporting, has obscured the true scope of the problem and impeded evidence-based accountability.
This report underscores that the issue is not merely one of financial resources but of governance, oversight, and operational efficiency. A justice system that fails to implement mechanisms of accountability can relegate victims’ rights to a theoretical construct rather than a legally enforceable reality. A lack of transparency and oversight in fund disbursement and forensic management creates significant risks of misallocation, misuse, or the outright squandering of public resources on ineffective programs. Furthermore, the failure to maintain accurate data on sexual assault cases can exacerbate these systemic weaknesses, undermining policymakers, law enforcement, and advocacy organizations in their efforts to develop targeted, results-driven interventions.
Puerto Rico now stands at a pivotal moment to lead by example in demanding greater transparency, efficiency, and accountability in its criminal justice system. This cannot be solely a function of achieving legislative reforms, reforms that Vivo Alliance is recommending, but also of reforms undertaken through executive initiatives and administrative policies at each level of government. If proper oversight does not occur, the true potential of allocated funding can remain untapped, and the crisis of gender-based violence in Puerto Rico will persist. To rectify this, we must all recognize that financial investment alone is insufficient — real change requires a commitment to meaningful structural reforms that ensure justice is not just promised but delivered.
Sources:
1. For Part 1 of the report, see:
https://derecho.uprrp.edu/inrev/2024/11/14/improving-management-of-sexual-assault-cases-in-puerto-rico -part-1-dna-evidence/. Part 2 is forthcoming.
2. Executive Order 2021–13 at
https://docs.pr.gov/files/Estado/OrdenesEjecutivas/2021/OE-2021-013_English.pdf 3. https://abcnews.go.com/US/months-state-emergency-puerto-rico-finally-approves-million/story?id=77461 758
4. Puerto Rico’s #ElMomentoDelPARE Campaign: Budget Overspending and Lack of Impact. Available at:
https://periodismoinvestigativo.com/2024/03/gender-violence-prevention-campaign-with-unknown-result s/
5. id.
6. Laura M. Quintero, Sobrevivientes de violencia sexual tienen un portal renovado para rastrear el estatus de su rape kit, TODAS (Jul. 6, 2024, 3:30 PM),
https://www.todaspr.com/sobrevivientes-de-violencia-sexual-tienen-un-portal-renovado-para-rastrear-el-e status-de-su-safe-kit/ (last visited 11–1–24).
7. The Manhattan Times, July 1, 2020, at
https://www.manhattantimesnews.com/new-aid-for-assault-survivorsnueva-ayuda-para-sobrevivientes-de ataques/
8. https://www.justice.gov/usao-pr/pr/us-attorneys-office-district-pr-celebrates-award-federal-grant-funds-ex cess-288-million
9. https://www.justice.gov/usao-pr/pr/us-attorney-w-stephen-muldrow-announces-48-million-united-states-d epartment-justice
10. https://drive.google.com/drive/u/0/home?lfhs=2;
https://docs.google.com/document/d/1sGbdXDpjBALSRCEtbHIxLWuyA3DJufwBHmK6AP54myU/edit ?tab=t.0
11. Private communication between Karla Hernandez and Mike Carioca, CEO of Bode Technology, November 22, 2024, and February 18, 2025.
12. https://www.nsvrc.org/sites/default/files/publications_nsvrc_factsheet_media-packet_statistics-about-sexu al-violence_0.pdf
13. https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/explorer/crime/crime-trend
14. García-Crescioni K, Frontera-Hernández M, Roura-Monllor J, Romaguera J. (2023). Evaluation of Sexual Violence Among Lesbian, Bisexual, and Heterosexual Hispanic Women Living in Puerto Rico. Int J Gynaecol Obstet. 2023; 161(2): 574–578. doi:10.1002/ijgo.14521, quoting: [11] Rodríguez S, Ward MR. Report on Sexual Violence in Puerto Rico. Health Department. San Juan, Puerto Rico; 2016, 2.
15. For Part 1 of the report, see:
https://derecho.uprrp.edu/inrev/2024/11/14/improving-management-of-sexual-assault-cases-in-puerto-rico -part-1-dna-evidence/. Part 2 is forthcoming.
