“I waited 32 fear and anxiety-filled years to hear anything about my kit and my case, and I know others are experiencing that tragedy right now. My heart aches for them,” said Gail Gardner, a survivor from Florida who was kept in the dark about her rape kit for over three decades. Today, a bill named after Ms. Gardner is on the verge of becoming state law. The bill, Gail’s Law, establishes a rape kit tracking system throughout the state of Florida.
What is a Rape Kit Tracking System?
A rape kit tracking system is a web-based system that allows individuals (including victims, law enforcement agents, hospital staff, lab staff, and other designated individuals) to follow the path of a rape kit throughout the chain of custody: from the hospital, to local law enforcement agency, throughout the analysis process at the lab, to final disposition. Establishing a tracking system is a federal best practice for rape kit reform and aligns with the National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach by the U.S. Department of Justice National Institute of Justice.
Why Are Rape Kit Tracking Systems Important?
With these systems, survivors, law enforcement officials, medical and lab personnel can monitor if rape kits are moving through the system as they should as required by law. The system can be set up to notify stakeholders if a kit gets “stuck at one point in the process,” thereby alerting everyone involved in rape kit handling to the error. Tracking systems are good for the whole system and make law enforcement’s job easier by following crucial evidence from place to place.
Tracking systems provide victims a way to know the status of thier rape kit. Too many survivors leave the medical facility and never hear again about their kit. This is unacceptable. Our 2016 research on victim notification found that for survivors who want to know about their case, not having access to such information can severely hamper recovery. Access to information about the status and location of their rape kits can help survivors counter the loss of self-determination and control that is often at the core of a sexual assault experience. If the system has a victim portal, it allows the survivor to have visibility over the status and location of their kit.
Which States Have Rape Kit Tracking Systems?
In recent years, tracking legislation has taken off. Governors, attorneys general, and legislators have begun to understand the importance of these systems in order to achieve accountability, clarity, and justice for survivors. This year, three state legislatures have already passed bills establishing tracking systems: Georgia, Florida (“Gail’s Law”), and North Dakota. Legislators in Iowa, Louisiana, Rhode Island, Tennessee, and Wisconsin have also introduced tracking bills in the 2021 session. As of today, 30 states and Washington DC have rape kit tracking systems. Joyful Heart Foundation will continue to push for tracking legislation like Gail’s Law until all 50 states have sexual assault kit tracking systems that increase accountability and allow survivors access to invaluable information about their kits.