WASHINGTON – Sens. Chuck Grassley (R-Iowa)
and Jeanne Shaheen (D-N.H.) today introduced legislation to promote justice for
survivors of crimes of sexual violence across the country. The
Survivors’
Bill of Rights in the States Act encourages states to adopt the
same protections for survivors of state sex crimes that already exist at the
federal level. Reps. Jackie Speier (D-Calif.), Kelly Armstrong (R-N.D.) and
Zoe Lofgren (D-Calif.) today introduced companion legislation in the House of
Representatives.
“We must continue to support survivors of
sexual assault and provide some much needed certainty about the preservation of
evidence. Forensics kits are essential to delivering justice and holding
perpetrators accountable,” Grassley said. “This bipartisan
legislation encourages states to apply the same standards across the country
and give survivor’s more resources to move forward.”
“While some states have taken action to
support survivors of sexual assault, it is egregious that survivors still are
not guaranteed rights or protected in the majority of our fifty states. To
create a more uniform criminal justice system that wholly supports survivors
and ensures accountability, every state must pass legislation that protects
these rights,” Shaheen said. “My bill incentivizes states to do just
that by codifying and standardizing survivor rights. I’m proud to help lead
efforts in the Senate to change the culture around sexual assault and ensure
survivors are supported in our justice system.”
In 2016, Grassley
led the Senate Judiciary Committee’s effort to
unanimously approve the
Survivors’ Bill of Rights Act, which Shaheen
introduced. The legislation guaranteed rights for survivors of
sexual assault in federal cases and led to 21 states adopting similar
legislation. The bipartisan
Survivors’ Bill of Rights in the States Act builds
on the legacy of the initial legislation, which was enacted after the House of
Representatives introduced the same package several weeks later, by ensuring
that all survivors, not just those in federal cases, are protected. Grassley
and Shaheen first
introduced
this legislation in 2019.
The Survivors’ Bill of Rights in
the States Act encourages states to ensure that survivors have, at minimum,
the rights guaranteed to survivors under federal law. States that provide these
rights would be eligible for additional federal funding equivalent to a
percentage of the formula grant funding that they already receive under the Violence
Against Women Act (VAWA) STOP grant program from the Department of
Justice. These rights include:
·
The right not to be prevented from,
or charged for, receiving a medical forensic examination.
·
The right to have a sexual assault
evidence collection kit or its probative contents preserved without charge for
the statutory limitations period or 20 years, whichever is shorter.
·
The right to be informed of results
of a sexual assault evidence collection kit.
·
The right to be informed in writing
of policies governing the kit’s collection and preservation.
·
The right, if the government
intends to destroy or dispose of the kit, to receive written notice not later
than 60 days before the date of the intended destruction or disposal, and the
right, upon written request, to have the kit preserved.
“Every 73 seconds an American is sexually
assaulted,” Amanda Nguyen, founder and CEO of Rise, said. “We applaud
Senators Grassley and Shaheen and Representatives Speier, Armstrong, and
Lofgren for their leadership on this critical issue and are grateful that
Congress is continuing to work together in a bipartisan way to support
survivors across the country.”
“It is essential to give states the tools
they need to pass strong protections for survivors of sexual assault. The
Survivors Bill of Rights in the State Act incentivizes states to enact strong
laws, and the National Alliance to End Sexual Violence is grateful to Senators
Shaheen and Grassley and Rep. Speier for their leadership on this important
legislation,” Terri Poore, Policy Director,
National Alliance to End Sexual Violence, said.
