Survivors of sexual assault would be able to electronically track the status of their rape kit — from hospital to crime lab — under a bill at the California Legislature.
State Sen. Connie Leyva’s SB 215 would create a state-run website where law enforcement agencies would upload their own data on sexual assault kits and keep survivors in the loop about its progress and results.
“This bill will empower survivors and help them to regain a sense of control,” Leyva said.
State law — which was also authored by Leyva — requires police send new rape kits to a crime lab within 20 days and requires the lab to test each kit within 120 days of receipt. But if survivors can track their kit anonymously online, Leyva said it adds an extra layer of accountability and ensures law enforcement agencies are testing kits in a timely manner.
According to state law, the state’s sexual assault evidence database does not include identifying information for survivors or suspects.
“You want to make sure that that rape kit is actually being processed so that the person who did this can be prosecuted,” she said.
The Chino Democrat has authored other laws to eliminate the statute of limitations on rape and ban non-disclosure agreements in sexual assault, harrassment and discrimination cases.
About two dozen states currently have a sexual assault kit tracking system for survivors, according to the Joyful Heart Foundation, which advocates for rape kit reform laws.
While some advocates say a tracking system is a good start, the status of a kit is just one part of a sexual assault case.
“Even though I support this type of legislation, it’s limited,” said Joanne Archambault, CEO and founder of End Violence Against Women International. “It doesn’t tell [survivors] anything about how that’s going to impact the investigation or what’s being done with the investigation.”
Archambault, who is a retired sergeant with the San Diego Police Department, said survivors would ideally be kept informed of the status of other DNA evidence pulled from clothing, bedding, or other items.
Leyva’s bill is “a good first step, but it’s not the end step,” Archambault said. “We need to be funding and mandating thorough investigations. The kit is not the answer to everything.”
A 2020 report from the California Justice Department found there are roughly 14,000 rape kits across the state still waiting to be tested — but the report notes only 149 of the state’s more than 500 law enforcement agencies responded with their numbers.
In Sacramento County, the Elk Grove Police Department was the only agency to respond to the audit. It shows the police department has 19 untested rape kits.
The bill has been assigned to the Senate Public Safety Committee but has not yet been scheduled for a hearing.
Want to follow a bill from introduction to results? Check out the website California Legislative Information. You can search by keyword, bill number and even set up alerts when actions are made.
Also, if you find yourself passionate about a bill and have a comment, reach out to the author of the bill (find out who your state representatives are here) or attend committee hearings in person or virtually where the public is given time to comment. You find out when and where committee hearings are through the California Legislative Information site for the bill you are interested in. They usually occur in spring or early summer.
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