What You Need to Know About California’s DNA Bill of Rights for Sexual Assault Victims
When someone has been violated by sexual assault, they often do not know where to turn. On top of that, police departments often fall short of helping those victims in a variety of ways. Here is everything you need to know about California’s DNA Bill of Rights for Sexual Assault Victims.
According to the National Center for Victims of Crime, hundreds of thousands of sexual assault kits are sitting untested with law enforcement agencies across the country. While some of these tests are awaiting lab results, many have not even been submitted for testing. These administrative failures leave thousands of victims without the justice they deserve. The goal of California’s DNA Bill of Rights for sexual assault victims is to help promote the testing of these kits.
Related: What is Considered Sexual Assault in California
Why the DNA Bill of Rights is Needed
A successful conviction of sexual assault charges often relies on the existence of DNA evidence. This powerful evidence can provide undeniable proof of guilt, and will make a jury much more confident that the accused is guilty of sexual assault. To promote the usage of DNA evidence, law enforcement agencies generally request that victims of sexual assault consent to the completion of a sexual assault kit, or rape kit. This process involves a medical forensic exam in which DNA evidence is collected from the victim. In most cases, rape kits need to be given within 72 hours of the assault, so victims should attempt to get a rape kit even if they initially do not plan on pressing charges in case they change their mind and choose to press charges later. Under ideal circumstances, the kit is immediately sent to a laboratory where it is tested. The results are then used to prosecute a current suspect or analyzed against existing DNA records to identify possible suspects.
Unfortunately, the ideal situation is not the case in many scenarios. For the few who do end up getting rape kits administered within the suggested timeframe and submit them to police as evidence, their kits will likely end up in storage for long periods of time. This is mostly due to the absence of adequate resources in police stations, as well as some police officers’ unfortunate lack of care.
Related: Why Women Don’t Report Sexual Assault
What the DNA Bill of Rights Does
Across the United States, state legislatures seek to fix this massive problem of untested rape kits. California became the first state to create legislation on the issue when they introduced the DNA Bill of Rights for Sexual Assault Victims in 2003. This law includes four general elements:
- It speaks to the importance of having these kits tested in a timely manner,
- It asserts the right of a victim to be notified about the ongoing status of the testing,
- It requires law enforcement to notify the victim of any identified DNA matches, and
- It shortens the timeline for kit testing.
In terms of shortening the timeline for rape kit testing, the Sexual Assault Victims’ Bill of Rights requires police departments to submit the kits for testing no more than 20 days after it is booked into evidence. It also requires testing facilities to either process the evidence, create DNA profiles when able, upload qualifying DNA profiles, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence.
Many police stations have begun to make changes to adopt these rules and make victims aware of their rights. The San Francisco Police Department has even created the Sexual Assault Victims’ DNA Bill of Rights cards, which are given to the victims along with the other forms they have to fill out at the station. This card gives the important details on the DNA Bill of Rights and what the victim is entitled to.
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If you have any more questions about California’s DNA Bill of Rights for Sexual Assault Victims, contact us. We’ll get you in touch with the most qualified lawyer for your needs and preferences. Get your free consultation with one of our experienced sexual assault attorneys for women in California!