Capitol Report

Lawmakers Work to Protect Victims of Sexual Assault (SB 569)

By Tom Hurst, 62nd State Representative
Posted 6/10/20

A piece of legislation that received final approval from the General Assembly during the 2020 session would provide stronger protections for victims of sexual assault. The bill contains provisions …

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Capitol Report

Lawmakers Work to Protect Victims of Sexual Assault (SB 569)

Posted

A piece of legislation that received final approval from the General Assembly during the 2020 session would provide stronger protections for victims of sexual assault. The bill contains provisions that would better ensure justice for victims by requiring all hospitals to provide rape kits, giving survivors access to a tracking system for sexual assault evidence, and creating a Sexual Assault Survivors’ Bill of Rights.

The House handler of the bill said, “We need to stop victimizing the victims and quickly and accurately investigate the allegations of sexual assault. Rapists and serial rapists avoid justice when we fail to take the steps necessary to determine guilt and prosecute these crimes.”

She noted that the state constitution provides victims with the right to speedy dispensation of their cases. She added, “How can we in good conscience continue to deny victims of sexual assault these basic rights? I believe that this bill brings justice to victims across Missouri.”

A report done by the state attorney general found that more than 6,000 Sexual Assault Forensic Evidence (SAFE) kits remain untested in Missouri. The legislation approved by the General Assembly would give victims of sexual assault access to a secure electronic tracking system for these SAFE kits. With this, victims would be able to track the status of their kit throughout the legal process. The bill also requires the Department of Public Safety to develop a centralized repository for evidence that is temperature-controlled to preserve the integrity of the kits and diminish degradation.

To better support victims of sexual assault, the bill also establishes the Justice for Survivors Act. The act directs the Missouri Department of Health and Senior Services to establish a statewide telehealth network to provide forensic exams for victims of sexual assault. The measure is meant to address the fact that some hospitals are unable to conduct a complete forensic examination or properly collect evidence because they do not have a sexual assault nurse examiner on staff. The Justice for Survivors Act would require all hospitals to provide a forensic exam for victims of sexual assault by 2023. The act would provide assistance with in-person training on how to perform rape kits, and 24/7 access to a certified sexual assault examiner via the telehealth network.

The bill also establishes the Sexual Assault Survivors’ Bill of Rights, which includes rights and protections for survivors of sexual assault during any medical examination and interactions with law enforcement, the prosecuting attorney and the defense attorney. The bill includes the right to consult with employees or volunteers of rape crisis centers during any examination or interview, the right to receive notice of these rights prior to an examination or interview, the right to a prompt analysis of the forensic evidence, the right to shower at no cost after a forensic exam and the right to choose the gender of the law enforcement officer who interviews them.