Adam Walsh Reauthorization Act of 2016

Floor Speech

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Mrs. SHAHEEN. Madam President, I rise to discuss the Sexual Assault Survivors' Rights Act. I am very pleased this legislation has been incorporated into the Adam Walsh Reauthorization Act that is before us this afternoon. I thank the chair and ranking member of the Judiciary Committee, Senators Grassley and Leahy, for their help and support in moving this important legislation forward.

The Sexual Assault Survivors' Rights Act builds on the legacy of the Crime Victims' Rights Act by establishing our Nation's first set of codified, court-enforceable rights to address unique issues faced by sexual assault survivors. These rights, coupled with renewed efforts to educate survivors about available options and resources, will help empower survivors already in the justice system. In addition, this bill will send a powerful message to survivors all across the country: You do have rights. We do care about you. If you choose to come forward, we are going to be there for you, and we are going to ensure a justice system that treats you with dignity and fairness.

As many of our colleagues know, sexual assault remains one of the most pervasive and complex challenges in our justice system. It affects every segment and demographic of our society, young and old, rich and poor, rural and urban. The immediate physical harm of an attack can result in a lifetime of emotional scars and lingering stigma.

Sexual assault is also one of the most difficult crimes to prosecute. For starters, it is the most underreported crime in our country. The Department of Justice estimates that nearly 70 percent of attacks go unreported and only a small percentage of perpetrators go to prison.

When we ask survivors why other victims don't come forward and press charges, they tell us our justice system seems to be working against them, not for them. They even say the trauma of an attack can be compounded by the disappointment they feel when our legal system puts so many needless obstacles in the path of justice. For survivors, it is too often a grueling and bewildering process. Many feel intimidated and ultimately choose not to go forward. Some who may initially file charges give up before their case is resolved or they simply slip through the cracks. In many States, sexual assault survivors risk having their untested rape kits destroyed, sometimes without their knowledge.

This issue came to the attention of my office when a 24-year-old young woman, Amanda Nguyen, came to my office and told me about her experience with this very issue. She had the tragic circumstance of having been raped in Massachusetts, and despite the State's 20-year statute of limitations for sexual assault, Amanda has had to return to the same police station every 6 months just to make sure her rape kit evidence is not destroyed. That means that every 6 months she has to relive the crime that was committed against her. She has to meet with a different person, reexplain her situation, and hope her evidence is not destroyed. What is worse, if Amanda had not been proactive in figuring out all the relevant policies, her evidence could have been destroyed without her even being notified.

Fortunately, Amanda didn't give up. She decided this was wrong and she was going to do something about it. She visited a number of offices across Capitol Hill, and when she got to ours, we said: You are right. This is wrong. We need to do something about it, and we worked with her and with an organization she started called Rise to put together legislation that could serve as a model for the rest of the country.

Fortunately, the Senate has an opportunity to respond to the issues Amanda raised and so many people have faced across this country. This bill will establish in the Adam Walsh Reauthorization Act the first set of court-enforceable rights for survivors of sexual assault codified in the U.S. Criminal Code. These rights are specifically designed to address many of the unique challenges faced by survivors of sexual assault. They include commonsense changes, such as ensuring that survivors are not charged for the rape kits, requiring that the relevant evidence be kept for the entire statute of limitations period, the right to be informed of the medical results of a rape forensic examination, and the right to have written notice before a rape kit containing critical evidence is destroyed.

It is important to note that the rights contained in this bill would only apply at the Federal level. However, they are drawn from best practices developed by many States, and we are hopeful they will serve as a model and a catalyst for each of the 50 States to enact or improve their own survivor bill of rights. Already we have heard from several State legislators who intend to introduce bills mirroring the Federal standards in this legislation.

We know the status quo is not acceptable. Currently, inadequate laws work against survivors, against law enforcement, and against prosecutors--serving only the perpetrators who too often remain at large. It is past time for a reform process that ends the silence surrounding sexual assault, brings it out of the shadows, and gives survivors a fair shot at justice. This is exactly what the Sexual Assault Survivors' Rights Act will do.

I am so pleased it has been included in the Adam Walsh Reauthorization Act that is before us today. Again, I thank the Judiciary Committee. I thank Amanda Nguyen and Rise. They have been so critical to getting this legislation included in the Adam Walsh Act, and I urge my colleagues to support this bill when it comes to the floor.

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