Date: 2016-09-06
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I rise in strong support of H.R. 5578. the "Survivors Bills of Rights Act of 2016." I am pleased to be an original cosponsor of this measure because this critical bill will eliminate barriers to the law faced by sexual assault survivors. H.R. 5578 is an important bill intended to provide additional legal protections and support to survivors of the horrific crime of sexual assault. An estimated 1 out of every 6 women in the United States will be the victim of a sexual assault or attempted sexual assault during their lifetime. All too often. the victims of sexual abuse are children. According to a 2013 Department of Health and Human Services survey on child maltreatment. child protective service agencies estimated that for the period from 2009 through 2013. an average of 63.000 children were victims of sexual abuse each year. Despite these statistics. the United States presently lacks standardized procedures for victims of sexual assault to gain full access to justice. Basic rights and protections for survivors of sexual assault vary from state to state. Moreover. not a single State gives sexual assault victims the right to require that critical forensic evidence in their casethe sexual assault evidence collection kit. or rape kitbe retained until the statute of limitations on the crime has expired. As a result. critical evidence can be lost. The Survivors Bill of Rights Act will create a federal standard that states can model. For example. Massachusetts has a 15year statute of limitations on sexual assaults. but untested rape kits are required to be stored only for six months. In another example. the CharlotteMecklenburg Police Department in North Carolina has destroyed more than 1.000 rape kits since This bipartisan legislation would ensure sexual assault survivors in federal criminal cases have certain rights and serve as an example for States to adopt similar practices. This bill will add to the existing rights for the survivors of sexual assault the following: The right to not be prevented from. or charged for. receiving a medical forensic exam. The right to be informed of any result of a sexual assault evidence collection kit. The right to be informed in writing of policies governing the collection and preservation of their rape kit. The right to have that rape kit preserved. without charge. for the statutory limitation period or 20 years. whichever is shorter. The right to receive written notice. no later than sixty days before the intended date. if the government intends to destroy or dispose of their rape kit before the end of the statutory limitation period. and The right to request. in writing. that their rape kit be preserved. rather than be destroyed or disposed of before the expiration of the statutory limitation period. This bill also amends Victims of Crime Act to authorize the Attorney General to make grants for the development and dissemination of written notices of applicable rights and policies for sexual assault survivors. Crime victim assistance programs that receive such grants will provide the notices to sexual assault survivors. as well as to medical facilities. law enforcement agencies. forensic examiners. sexual assault service providers. and other agencies that come in contact with sexual assault survivors. Finally. this bill would create a working group under the Attorney General. with advice from the Secretary of Health and Human Services. and participation by representatives of sexual assault prevention. advocacy. or victims groups. to develop best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. These changes will allow survivors access to vital medical information. improve communication between law enforcement and survivors. ensure survivors have information necessary to monitor aspects of the investigation. and help prevent evidence in their cases being destroyed without their knowledge. This bill expands and strengthens the rights of survivors of sexual assault. and will help ensure that they are fully and timely informed of. and thus able to meaningfully exercise. those rights. For these reasons. I support the Survivors Bill of Rights Act. I urge my colleagues to support this bill because this important and necessary measure will help ensure that sexual assault survivors are given full access to the justice system.