Senator files bill giving victims of rape online access to track sexual assault kits

FRANKFORT, Ky. (WTVQ) – The 2019 Legislative Session opened with Senator Denise Harper Angel continuing her work for victims of sexual assault — specifically on the testing of sexual assault forensic kits. After successfully passing two related bills, the senator has turned her focus to the online tracking of rape kits.

“We have made great strides with past legislation, and Senate Bill 97 is the next step to help assault victims get justice,” said Senator Harper Angel. “These victims deserve to know the whereabouts and outcomes of their evidence kits at all times. We live in a time with the capabilities to track online purchases. We should use that same technology to allow a victim to track important evidence online – anonymously using their serial number.”

SB 97, co-sponsored by Senator Whitney Westerfield, R-Hopkinsville, would create and implement an on-line tracking process for the forensic evidence kits. The legislation would also establish a public portal to allow victims to anonymously access the system and provide information to the Kentucky State Police.

“This legislation is the next important step following 2016’s SAFE Act, and continues Kentucky’s progress in empowering survivors of sexual assault,” said Senator Westerfield, chairman of the Senate Judiciary Committee. “I’m glad to work once again with Senator Harper Angel to improve and modernize how Kentucky handles these cases, each of which directly impacts the lives of victims. We saw we could do better, so we are.”

KSP is currently working on a program that would allow victims to see the progress of their evidence kit from collection through the analysis process. Senator Harper Angel’s measure would allow a victim of sexual assault, to go to a website, enter the kit number (or serial number) to see:

• When the kit was picked up from the hospital;
• Which law enforcement agency picked up the kit;
• When the kit was received at the lab;
• When the report was completed for identification of semen and/or saliva;
• When DNA testing on positive serology testing was completed;
• If a DNA profile was obtained from the evidence and when the profile is entered into the DNA database, and
• If there has been a hit yet with the National Data Base

If a victim chooses not to report the assault, she can use the website to see where her kit is being stored and the date it is eligible for destruction. The site will also provide such information and resources as links to the Kentucky rape crisis centers, how to report the assault, in the event she decides to report the assault and wants the kit tested.

The site will further explain lab testing, positive versus negative serology screen, the DNA database, and the types of matches that can occur.

Senator Harper Angel first introduced legislation addressing the backlog of untested sexual assault kits to the Kentucky General Assembly in 2015 passing Senate Joint Resolution 20 that required all law enforcement agencies to report the number of untested sexual assault kits to the Auditor of Public Accounts. The audit found an astonishing 3,090 untested kits in the custody of law enforcement agencies in Kentucky. The next year she introduced SB63, known as the Sexual Assault Forensic Evidence (SAFE) Act, which established the policies and procedures to end the backlog of sexual assault kits.  It went a step further by stipulating a strict deadline for future testing.

“Today, the average time to complete a sexual assault kit is about 129 days from the date that it is submitted to the lab for analysis,” said Laura Sudkamp, KSP laboratory director. “This is down from the 425 days it was taking at the beginning of 2018. We anticipate soon averaging 90 days or less.”

“It has been a long process to get here, which would not have been possible without the KSP, the Commonwealth Attorney’s offices including the Office of Victims Advocacy, the law enforcement agencies, the Auditor, the Kentucky Association Sexual Assault Programs, the Kentucky Department of Criminal Justice Training, my colleagues in the General Assembly, and most importantly, the victims,” said Senator Harper Angel. “I am proud of the first two bills, but realize there is more to be done. The new legislation will help to complete the process for these victims. They deserve justice and that is our intent.”

SB 97 will be taken up during the 2019 Legislative Session.

Senator Harper Angel represents the 35^th senatorial district that includes a portion of Jefferson County.