Sometimes, they do the right thing.
October 3, 2016 11:31 PM Subscribe
Congress unanimously passed the “Survivors’ Bill of Rights Act” on September 30 2016, and is on its way to be signed by President Obama.
In effect, the bill requires law enforcement to provide transparency and support around the keeping and testing of sexual assault kits. The bill outlines that kits be stored without charge, and cannot be destroyed before 20 years has passed or until the statute of limitations has expired.
The obstacles facing survivors of sexual assault can be daunting: from a lack of support while reporting a crime to the fraught process of making sure rape kits are actually used to bring perpetrators to account. According to advocacy group End The Backlog, hundreds of thousands of rape kits in crime labs and police departments nationally remain untested. The bill requires better protections for survivors across the country.
Specifically, the legislation means that survivors will have access to sexual assault counselors and more information about their rights. They’ll also be able to track when and where their rape kit is tested by law enforcement, if they choose to submit one. That’s been an ongoing issue nationwide, with thousands of untested rape kits still waiting to be sent to labs around the country.
The bill was partly drafted by 24-year-old Amanda Nguyen, who set up an advocacy organization, Rise, after grappling with the legal system in the wake of her own rape. Nguyen is a White House deputy liaison at the State Department.
Part of the challenge for survivors is that state laws vary widely: in Massachusetts for example, where Nguyen had her rape kit tested, the statute of limitations on filing a sexual assault charge is 15 years. But rape kit are destroyed after six months unless a survivor files a request to have it preserved. That’s something Nguyen and many other women are expected to do every six months to keep their kits in storage.
“The system essentially makes me live my life by date of rape,” Nguyen said.
The bill passed this week will require states to keep rape kits at least until the statute of limitations on filing a complaint is up. And it means that survivors will have to be notified when their kits are tested and results are available, and of any plans to destroy the kits. The rights set out in the bill are enforceable in federal court.
The obstacles facing survivors of sexual assault can be daunting: from a lack of support while reporting a crime to the fraught process of making sure rape kits are actually used to bring perpetrators to account. According to advocacy group End The Backlog, hundreds of thousands of rape kits in crime labs and police departments nationally remain untested. The bill requires better protections for survivors across the country.
Specifically, the legislation means that survivors will have access to sexual assault counselors and more information about their rights. They’ll also be able to track when and where their rape kit is tested by law enforcement, if they choose to submit one. That’s been an ongoing issue nationwide, with thousands of untested rape kits still waiting to be sent to labs around the country.
The bill was partly drafted by 24-year-old Amanda Nguyen, who set up an advocacy organization, Rise, after grappling with the legal system in the wake of her own rape. Nguyen is a White House deputy liaison at the State Department.
Part of the challenge for survivors is that state laws vary widely: in Massachusetts for example, where Nguyen had her rape kit tested, the statute of limitations on filing a sexual assault charge is 15 years. But rape kit are destroyed after six months unless a survivor files a request to have it preserved. That’s something Nguyen and many other women are expected to do every six months to keep their kits in storage.
“The system essentially makes me live my life by date of rape,” Nguyen said.
The bill passed this week will require states to keep rape kits at least until the statute of limitations on filing a complaint is up. And it means that survivors will have to be notified when their kits are tested and results are available, and of any plans to destroy the kits. The rights set out in the bill are enforceable in federal court.
This post was deleted for the following reason: Hey, fine to make a post about this, but Metafilter standard is that you link to a good / interesting source or sources, rather than writing it up as an article yourself (better for your own publishing venue). Feel free to contact us to discuss and work out how it can be edited. -- taz
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