Sex assault test kit (file image)
AUSTIN - A new Texas law allows for forensic medical exams for sex assault survivors even if no report has been made to law enforcement.
The first kit under the program, which began on Dec. 1, was collected last week, the Texas Department of Public Safety says.
Limited Consent DNA Testing Program
The Limited Consent DNA Testing Program was implemented under House Bill 1422, which was signed into law in June and went into effect in September.
The program, a project of Texas DPS, allows survivors of sexual assaults to get a forensic medical exam to collect evidence and test for foreign DNA without first making a report to law enforcement. These tests are offered free of charge.
Prior to HB 1422, survivors would have to get officers involved to collect and test evidence, which DPS says was one of the biggest factors preventing assault reports.
New program could increase reporting
What they're saying:
"House Bill 1422 removes one of the biggest barriers sexual assault survivors face when deciding whether to seek help: the fear that getting a forensic exam means they must immediately involve law enforcement," said Texas Sen. Joan Huffman (R-Houston). "With the Limited Consent for DNA Testing Program now in place, survivors can take back some control, get critical evidence collected and tested at no cost, and decide later – on their own timeline – whether to move forward with a police report. The implementation of this program marks a historic step forward for survivor-centered justice in Texas."
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"I am proud to have authored this law to provide another option for survivors to have evidence kits tested," said Texas Rep. Lacey Hull (R-Houston). "We know that making a report to law enforcement is a tremendously difficult decision. It is my hope that by providing an alternative testing option, we will empower survivors to subsequently make reports, and ultimately increase prosecutions of sexual assaults. Thank you to Senator Huffman for sponsoring this bill, and DPS for moving quickly to implement it."
"For months, DPS Crime Laboratory Division personnel have been committed to preparing for the roll-out of Texas’ new Limited Consent DNA Testing Program," said DPS Crime Laboratory Division Chief Brady Mills. "It has taken a tremendous amount of time and dedication to get to this point, but our personnel have demonstrated – and continue to show – their steadfast commitment to supporting survivors of sexual assault."
How to use the program
What you can do:
If requesting the release of the evidence and lab results to law enforcement in order to pursue an investigation, the survivor should:
1. Contact the applicable law enforcement agency, based on where the offense occurred;
2. Inform the agency that they are a survivor of a sexual assault, that evidence was previously collected, and was analyzed by the DPS; and
3. Sign the Consent for Release of Limited Consent for DNA Testing of Sexual Assault Evidence form (LAB-209) to give DPS permission to release the lab report/kit to law enforcement. The law enforcement case number is required so that any eligible DNA profiles can be entered into CODIS.
Find out more information at this link.
The Source: Information in this article comes from the Texas Department of Public Safety.