FT 19.15 Rape Kit Processing Act (Statute)

[Anna Komnene]

AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.

Sponsor: Ted Bessell

The floor is open.

[Anna Komnene]

Thanks for writing this bill Ted. It makes me shudder to think that victims who report are just a small fraction of all assaults, and yet there's still a backlog of those cases that do get reported. I admire anyone who has the courage to step forward with everything that entails. Those kits should definitely be treated with the respect that the victims deserve.

I agree with Lumine that the police department approach so far leaves something to be desired. I wonder if it might me a good idea to make this interdisciplinary and involve victim advocates and counselors in the process. While police are focused on criminal justice, advocates would bring a different perspective and keep in mind how the victims are feeling throughout the process. I'm not totally sure how it would work. Maybe the police departments should keep a record of local victim advocates and counselors and contact them when a new case is filed?

[Anna Komnene]

Those all sound like pretty good ideas to me. Taking a quick look through the statute, the Frémont Ministry of Emergency Services (FMES) might be a good fit for appointing that sexual assault ombudsmen.

As far as the incompetent departments go, the best thing might be to go with the education route that Lumine suggested. Maybe require departments to hold an annual sexual assault case seminar that refreshes them on the procedures for those cases, including the importance of testing the kits.

[Anna Komnene]

I threw together an amendment that I think includes all the ideas we discussed. Let me know if anything needs changed.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.

[Anna Komnene]

The amendment is adopted.

I move for a final vote. 24 hours for objections.

[Anna Komnene]

With no objections, we'll now have a final vote. Members please vote AYE, NAY, or ABSTAIN.

AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.

[Anna Komnene]

Aye

[Anna Komnene]

With 7 votes in favor, this bill passes the Frémont parliament.

AN ACT
To ensure timely processing of rape kits by law enforcement.

I. TITLE & DEFINITIONS
1. This act shall be titled as the “Rape Kit Processing Act.”
2. A “rape kit” as referenced in this act shall refer to any package of items used by medical or law enforcement personnel, and specifically intended to provide tools for conducting forensic examination of a victim of sexual assault, as well as the evidentiary material collected from such kits and commonly stored within them.

II. PROVISIONS
1. Any law enforcement agency in the Commonwealth of Frémont investigating an alleged or suspected sexual assault shall, if possible, offer to conduct a forensic examination of the possible victim in a timely fashion.
a. This examination shall include, but is not limited to, swabbing of the body for bodily fluids, collection of urine and/or blood from the victim, and collection of hair and fibers from the victim.
b. $50 million is allocated to the Frémont Department of Justice for the purpose of updating current rape kit testing labs, setting up additional labs, hiring additional forensic technicians, and to administer a rebate program for private labs involved in testing backlogged rape kits.
2. All rape kits utilized after June 1st, 2021; shall be examined, tested for DNA samples, and further tested for DNA matches against the Frémont Department of Justice’s DNA database, within sixty (60) days of the initial forensic examination.
a. Should a law enforcement agency other than the Frémont State Police fail to provide for the examination of a rape kit within the time allotted, the Frémont State Police shall assume jurisdiction over the relevant investigation, and take possession of all evidence relevant thereto.
b. In such cases, the relevant law enforcement agency shall pay the Frémont State Police ten thousand dollars ($10,000) for their work.
3. All rape kits utilized before June 1st, 2021; and hereto unprocessed in the fashion described in Clause 2 of this Act, shall be so examined by December 31st, 2021.
a. Thereafter, such rape kits and the investigations in which they were collected shall be subject to the processes outlined in Subclauses 2a and 2b of this Act.
4. Frémont law enforcement agencies shall be required to hold an annual seminar for their employees with guidance from the Frémont Department of Justice on the procedures for handling sexual assault cases, including the importance of and requirements for timely rape kit testing.
5. The Frémont Ministry of Emergency Services shall appoint a Survivor Protection Ombudsman to coordinate communication between law enforcement agencies, sexual assault counselors and advocates, and sexual assault victims, to oversee the rape kit testing process for transparency, and to provide information to victims about their rights and options during the process.

Frémont House of Commons
Passed 7-0-0 in the Frémont Parliament Assembled,