California Lawmakers Fight to End Rape Kit Backlog
With more than 10,000 rape kits sitting untested in California, lawmakers have introduced a bill that will address the backlog and ensure future kits will be tested in a timely manner. Senator Connie M. Leyva (D-Chino) introduced legislation in late February that would require law enforcement and forensic labs to more promptly test rape kit evidence in the state of California.
Senate Bill 1449 would ensure that victims reporting sexual assault would have access to timely submission and analysis of the forensic evidence—rape kits—associated to their cases. The proposed legislation states that newly collected kits must be submitted to labs within 20 days and then tested no later than 120 days after, which would prevent the accumulation of backlogs in evidence rooms and labs. Testing DNA evidence in rape kits in this timely manner helps identify perpetrators, link serial crimes together, and exonerate the wrongly convicted.
“SB 1449 will ensure justice by requiring that rape kits in California are tested promptly, regardless of where they live or where the crime was committed,” Senator Leyva said. “As the author of SB 813 that eliminated the statute of limitations on rape in California, I am proud to now author this important legislation to make sure that rape victims have equal access to justice and the ability to find the perpetrator.”
Assembly member David Chiu (D-San Francisco) introduced Assembly Bill 3119 last month, which would require all law enforcement agencies, crime labs, and medical facilities to audit every sexual assault evidence kit in their possession. “SB 1449 and AB 3118 will require that rape kits are tested promptly moving forward and that we know how many untested kits exist in California so that we can keep communities and potential victims safe,” Senator Leyva explained.
The legislation also sets aside $2 million to help law enforcement process these rape kits.
Leyva, who also led the effort to remove the statute of limitations for rape in California, hopes that her bill, as well as Senator Chiu’s efforts, will give more rape and sexual assault victims the confidence to report their crimes to police.
Ilse Knecht is the director of policy and advocacy for the Joyful Heart Foundation, a national victim-advocacy group that helped craft the bill. She said she does believe these kinds of efforts have led to accounts of more victims coming forward to report sexual assaults. “If survivors feel, ‘I’m going to report this and it’s going to matter,’ they feel more comfortable reporting to the system,” Knecht said.
Sexual assault is a devastating crime. The attorneys at Taylor & Ring provide compassionate and honest representation. We’re here to answer all your questions and protect your rights. Call us today at 310.776.6390 or complete our contact form to schedule a consultation in our Los Angeles office.
David Ring is a nationally renowned plaintiff’s personal injury trial attorney and has obtained multi-million dollar verdicts and settlements on behalf of seriously-injured individuals or families who have lost a loved one in a tragic accident. For more than 20 years, he has represented victims of sexual abuse, sexual harassment, assault, molestation and sexual misconduct in cases against a variety of employers and entities, including schools, churches and youth organizations.
He prides himself on providing aggressive, yet compassionate representation for children who have been sexually abused and women who have been sexually harassed or assaulted. Read more about David M. Ring.