Sen. Franken Introduces Bipartisan Bill to Ensure Survivors of Sexual Assault Are Never Billed for Rape Kits

Press Release

Today, Sens. Al Franken (D-Minn.), and Chuck Grassley (R-Iowa) introduced the Justice for Survivors of Sexual Assault Act of 2011 to ensure that survivors of sexual assault are never billed or forced to pay for their own rape kits. Under current law, states and localities can bill victims for their rape kits so long as those individuals are subsequently reimbursed. Victims billed under this provision are then forced to navigate the maze of insurance companies and state crime victims' funds to get reimbursed. Unfortunately, many survivors receive partial or no reimbursement.

"Survivors of sexual assault should not suffer the indignity of paying for their own rape kits," said Sen. Franken. "This legislation will stop this practice once and for all, and will ensure that assailants are brought to justice."

"There's a problem when rape kits sit on shelves for years at a time, while perpetrators roam the streets potentially harming others. The delays we're seeing are unacceptable, so we're working to end the backlog and help victims of sexual assault find justice in a timely manner," Sen. Grassley said.

The bill was introduced with original cosponsors Dianne Feinstein (D-Calif.), Michael Bennet (D-Colo.), Richard Burr (R-N.C.), Bernie Sanders (I-Vt.), and Bob Casey (D-Pa.).

The legislation will help clear the backlog of untested rape kits around the country. In 2004, Sen. Patrick Leahy (D-Vt.) teamed up with then-Senator Joe Biden (D-Del.) and others to enact the Debbie Smith Act, named after a rape survivor whose backlogged rape kit went untested for six years after her assault. That act provided federal funding for the testing of backlogged DNA evidence. Senator Franken has been a staunch advocate for victims of sexual assault and domestic violence, passing an amendment to the Department of Defense appropriations bill for FY2010 to ensure that employees of government contractors who suffer sexual assault are guaranteed a day in court, and co-sponsoring the Justice for All Reauthorization Act of 2010, legislation by Senator Leahy to reauthorize and strengthen the Debbie Smith Act.

The Justice for Survivors of Sexual Assault Act of 2011 would prohibit the current practice-permitted by federal law-that allows jurisdictions to bill rape victims and then force victims to seek reimbursement from state crime victims' funds. It would also require jurisdictions receiving Debbie Smith funds to report backlog levels to the Department of Justice and specify how much of their Debbie Smith grant funds have been used to analyze DNA from sexual assault cases. Sen. Franken, along with Sens. Grassley, Feinstein, and Orrin Hatch (R-Utah) introduced similar legislation in the 111th Congress.

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