But a San Francisco woman hopes to send a message to the police department that waited two years to test her kit by taking both the city and those who handled her case to court.

Heather Marlowe's rape kit was one of an estimated 400,000 nationwide that went untested, according to the US Department of Justice. After having a rape kit collected after a 2010 sexual assault, it took two years for it to be tested and another four for her to learn that they had done so.

In fact, she was only informed that her kit lacked sufficient evidence when she sued the city of San Francisco, California along with the San Francisco Police Department (SFPD) over mishandling the investigation in January. With that action, she became one of many frustrated women who are taking police departments to court over the low priority their claims are given.

Marlowe is suing the city, the president of the SFPD, the chief of police, the deputy chief of police and the officer that handled her case. She claims that the plaintiffs violated her right to due process and equal protection under both the US Constitution and the California Constitution.