Washington,
D.C. – U.S. Senators Pat
Toomey (R-Pa.) and Catherine Cortez Masto (D-Nev.) have introduced the Fairness
for Rape Kit Backlog Survivors Act of 2020 to ensure that survivors of
sexual assault have fair access to benefits for crime victims. As a result of
rape kit backlogs across the country, many survivors of sexual assault lose
eligibility to apply for state victim compensation programs due to state time
limits that are shorter than the amount of time the survivors have to wait for
their rape kits to be tested. This bipartisan legislation would require that
state programs allow victims to file for compensation after the deadline if the
delay is a result of a backlog in testing or matching DNA evidence.
“Rape
is an appalling, heinous crime and victims deserve justice and our
support,” said Senator Toomey. “The fact that there are backlogs in
testing rape kits, which are often used in the fight for justice, is entirely
inexcusable. This bipartisan bill helps lessen the ramifications of these
backlogs by ensuring that victims can apply for and receive benefits and
support services, even if their rape kit is delayed to a point that a victim
missed the deadline to apply in their state.”
“While
states across the country have made great strides in testing hundreds of
thousands of rape kits in recent years, it’s unacceptable that delays in
testing have prevented some survivors of sexual assault from benefiting from
state victim compensation programs,” said Senator Cortez Masto. “Survivors
should not have to bear the burden of out-of-pocket costs, such as mental
health counseling, lost wages, and other expenses, due to delays outside of
their control. Our bill makes it clear that justice delayed should not result
in assistance denied by ensuring that sexual assault survivors remain eligible
to apply for compensation after state program deadlines have passed.”
“The
rape kit backlog represents a failure of the criminal
justice system to protect survivors and hold perpetrators accountable,” said Ilse Knecht, Director of Policy & Advocacy at
Joyful Heart Foundation. “Reforms being implemented across the country not only take
dangerous criminals off the streets -- they create a pathway to justice for
sexual assault survivors whose cases have languished, often for years—or even
decades. But state laws have not kept up with reform efforts, and have barred
survivors from accessing victim compensation earmarked to provide survivors of
violent crime with funds to aid their recovery. The Joyful Heart Foundation, a
national organization focused on ending the rape kit backlog, is proud to
support the Fairness for Rape Kit Backlog Survivors Act of 2020, which takes
critical steps to address this barrier to support for survivors.”
BACKGROUND:
The
Fairness for Rape Kit Backlog Survivors Act of 2020 would require that
state victim compensation programs under the Victims of Crime
Act
provide a waiver for victims who file for compensation after a state deadline
if the delay is a result of a backlog in testing or matching DNA evidence. This
would ensure that when a renewed investigation into a previously reported
sexual assault is initiated by a law enforcement agency after DNA testing or
other evidence has revealed the identity of the offender, a victim would be
eligible to apply for compensation, even if the deadline for submitting an
application has passed. The bill gives states three years to update their laws
or regulations to ensure fairness for survivors.