Senator Casey: Stop Billing Victims of
Sexual Assault for Rape Kits

WASHINGTON, DC— U.S. Senator Bob Casey (D-PA) joined a bipartisan group of Senators in introducing the Justice for Survivors of Sexual Assault Act of 2011 to ensure that survivors of sexual assault are never billed or forced to pay for their own rape kits. Under current law, states and localities can bill victims for their rape kits so long as those individuals are subsequently reimbursed. Victims billed under this provision are then forced to navigate the maze of insurance companies and state crime victims’ funds to get reimbursed. The bill, introduced by Senators Al Franken (D-MN) and Chuck Grassley (R-IA), is also cosponsored by Sens. Dianne Feinstein (D-CA), Michael Bennet (D-CO), Richard Burr (R-NC) and Bernie Sanders (I-VT).

“The Justice for Survivors of Sexual Assault Act will make it easier for rape victims to seek justice by removing red tape that forces victims to pay for rape kits and helping local law enforcement reduce their backlog of untested rape kits,” said Senator Casey. “By requiring reporting of backlogs, we will create more transparency and accountability in the process and hopefully allow victims to begin healing more quickly.”

"Survivors of sexual assault should not suffer the indignity of paying for their own rape kits,” said Sen. Franken. "This legislation will stop this practice once and for all, and will ensure that assailants are brought to justice.”

“There’s a problem when rape kits sit on shelves for years at a time, while perpetrators roam the streets potentially harming others. The delays we’re seeing are unacceptable, so we’re working to end the backlog and help victims of sexual assault find justice in a timely manner," Sen. Grassley said.

“Thousands of rape kits sit untested in police storage facilities nationwide,” said Sen. Feinstein. “This is lost justice for rape victims. Testing DNA evidence in rape kits is a crucial tool to help law enforcement arrest and prosecute rapists. The Justice for Survivors of Sexual Assault Act will make sure that victims are no longer denied the necessary tools for justice.”

“The least we can do for victims of sexual assault is ensure that law enforcement does everything in its power to promote the cause of justice and make the reporting process for victims and their families as painless as possible,” said Sen. Bennet. “Too often rape kits are not processed, are backlogged or become contaminated over time. This bill will help ensure that never happens.”

“There is no legislation we can introduce that would erase the trauma of what a rape victim has gone through, but we should at least be able to ensure that we don’t add unnecessary burdens on top of that trauma,” said Sen. Burr. “This legislation takes positive steps by tackling the backlog of rape kits awaiting DNA testing and addressing billing hassles these victims should not have to face.”

The bill will also help clear the backlog of untested rape kits around the country. In 2004, Sen. Patrick Leahy (D-VT) teamed up with then-Senator Joe Biden (D-DE) and others to enact the Debbie Smith Act, named after a rape survivor whose backlogged rape kit went untested for six years after her assault. That act provided federal funding for the testing of backlogged DNA evidence.

The Justice for Survivors of Sexual Assault Act of 2011 would prohibit the current practice—permitted by federal law—that allows jurisdictions to bill rape victims and then force victims to seek reimbursement from state crime victims’ funds. It would also require jurisdictions receiving Debbie Smith funds to report backlog levels to the Department of Justice and specify how much of their Debbie Smith grant funds have been used to analyze DNA from sexual assault cases.

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