Stephen Smith rape kit located

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For the Press and Standard

A rape kit conducted on Stephen Smith in 2015 after he was found in the middle of the road was previously reported as “unaccounted for,” according to various media outlets.

But an attorney representing Smith’s family recently told the media the state’s top law enforcement agency, the South Carolina Law Enforcement Division, has had the kit since 2021, when it took over the investigation. However, the attorney said it hasn’t been processed to his knowledge.

It had previously been stored at the S.C. Department of Public Safety’s Central Evidence Facility since August 2015, according to an evidence chain of custody form acquired by The State newspaper. 

The Hampton County coroner initially believed Smith’s death was caused by a gunshot, according to notes included in the Highway Patrol’s Multi-Disciplinary Accident Investigation Team report, though that was ruled out during the autopsy. 

Ilse Knight, policy and advocacy director for the Joyful Heart Foundation, a nonprofit pushing for states to enact legislation to clear untested rape kit backlogs, said Smith’s kit should absolutely be tested now that his death is being investigated as a murder. 

“Even just to rule it out (as helpful evidence),” she said, after being briefed on the case by a reporter. “Somebody collected it for a reason.”