Have Legal Questions? Ask a Lawyer Now.
A rape kit is not performed in every case. Generally, if the victim has showered or if much time has passed, a rape kit would not be performed.
As far as a missing test from an old case... it depends how old the case is, whether the case was closed or is a cold case. Some police departments hold evidence forever, but there is no requirement that they do this.
More information would help me point you in the right direction on the old case.