Survivors' Bill of Rights Act of 2016

Floor Speech

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Mrs. SHAHEEN. Mr. President, I am pleased to join my colleague, the chair of the Judiciary Committee, as he requests a unanimous consent vote to pass the Sexual Assault Survivors' Rights Act. Passage of this bill marks a momentous day for survivors of sexual assault, and it really is a testament to the important progress we can make in Congress when we work together on a bipartisan basis to address the needs of the American people.

The Sexual Assault Survivors' Rights Act for the first time establishes a set of codified, court-enforceable rights to address unique issues faced by sexual assault survivors. It also ensures survivors the opportunity to enforce these rights in Federal court.

Last February, I introduced this legislation, but the real inspiration for the bill came many months earlier when I first met with Amanda Nguyen, a young sexual assault survivor who faced heartbreaking challenges after reporting her assault. As Senator Grassley said, she was really the moving force behind this legislation.
Amanda told me about the repeated battles she fought to prevent her rape forensic kit from being destroyed, and she recounted the grueling legal process that she and other survivors have endured in order to win justice. Well, I was deeply moved by Amanda's experience, and soon after that initial meeting, I got to work with staff. We worked through multiple drafts, and with invaluable counsel from Amanda, as well as dozens of nationally recognized experts and organizations, we produced the final bill that was introduced in February.
I thank Senators Blumenthal and Leahy for their counsel throughout the process and for serving as original cosponsors. As I said earlier, I also thank Senator Grassley and Senator Schumer, who helped moved the bill through the Judiciary committee in April. It passed the full Senate in May. The same legislation, sponsored by Representatives Wasserman Schultz, Lamar Smith, Mimi Walters, and Zoe Lofgren, was unanimously passed by the House earlier this month.

Following the introduction of the bill, there was a groundswell of nationwide support for the rights set forth in this legislation, including more than 90,000 people who signed a petition urging Congress to act. Clearly the bill resonated with the American people, especially survivors of sexual assault because so many survivors feel intimidated by the legal process and they choose not to go forward. That is one reason sexual assault is among the most underreported and unpunished crimes nationwide. Nearly 70 percent of attacks go unreported. Many survivors who initially file charges become frustrated by the legal obstacle course, and they give up before their cases are resolved, or, for many of them, their cases simply slip through the cracks.
The rights set forth in this new law will apply only in Federal cases, but we know from experience that when Congress makes reforms to Federal statutes, it often serves as a model and catalyst for States to improve their own laws. The goal is to create a standardized, transparent process that reassures survivors they will be supported and protected as they pursue justice.

The Sexual Assault Survivors' Rights Act, as Senator Grassley said, will establish fair procedures with regard to rape forensic kits, including the right not to be charged any fees related to the forensic medical examination; the right to have sexual assault evidence preserved for the entire statute of limitations period; the right to be informed of the results of medical exams; and the right to written notice prior to destruction of a rape kit. These and other rights are basic and essential protections that all survivors ought to have regardless of where they live.

In drafting the legislation, we wanted to make clear that by establishing these rights for survivors, without precondition we ensure that survivors' interests are legally protected, regardless of how or if they choose to move forward with an official report to police. We know that sometimes in the immediate aftermath of an attack, many survivors are not prepared to face the additional emotional challenges of confronting their attacker in the legal system. We also know that after survivors have a chance to heal, they are often more prepared to seek justice. States around the country are recognizing this fact and extending their statute of limitations on sexual crimes.

The rights in this legislation, hand in hand with that process at the State level, ensure that even if a survivor only seeks a medical forensic exam or reports an assault anonymously, even if a survivor is not ready to immediately move forward with the criminal process, the survivor will have enforceable rights in our legal system and can be assured that evidence is preserved for the future.

I thank all my colleagues in both the Senate and the House who have come together on a bipartisan basis to create a reform process that ends the silence surrounding sexual assault, that brings it out of the shadows, and that gives survivors a fair shot at justice.

When the President signs this bill into law in the days ahead, it will send a powerful message to survivors all across the country: You do have rights. We do care about you. And if you choose to come forward, we are going to ensure a justice system that treats you with dignity and fairness.

Again, I thank all my colleagues. I know Senator Grassley is going to be requesting unanimous consent that this legislation go forward. Mr. President, I would like to be recorded as present and voting yes on that unanimous consent request, and I am pleased to be able to join Senator Grassley as he makes this momentous request.

I yield the floor.

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