Survivors’ Rights

We understand how challenging it can be to navigate the legal system, especially around cases of sexual violence. Survivors of sexual assault are granted certain rights under state law and each state’s constitution. Every state has a general victims’ rights law that gives victims the right to be treated with fairness, dignity, and respect. Many states and Washington, D.C. grant victims the right to know the status and location of their kit.

In 2016, Joyful Heart conducted a research study on victim notification, which found access to information about the status of their cases can promote healing for survivors of sexual assault. As part of our rape kit reform efforts, we have been advocating for the need for survivors to have access to the status and location of their kits in all 50 states. Victims’ rights to notice legislation varies from state to state, but Joyful Heart contends that a comprehensive law should: 

• grant survivors the right to be notified, upon request, about the status of their rape kit, including notification about when the kit is submitted to the lab, if a DNA profile is obtained, when the kit is entered into the DNA database, and when a match occurs;
• ensure survivors receive notification before the destruction of a kit, preferably 60 days before disposal;
• allow survivors to be granted further preservation of the kit; and
• include the right for victims to be informed when there is any change in the status of their case, including if the case has been closed or reopened.

In order to ensure that survivors have meaningful rights, it’s important to ensure that every stakeholder in the criminal justice system is informed about those rights. Ensuring that survivors’ rights are enforced paves the way for them to participate fully in the justice system process.  

In addition to victims’ rights laws, many states have rape kit tracking systems that follow a kit throughout its entire process: from the hospital, to the local law enforcement agency, throughout the analysis process at the lab, to final disposition. Aside from assuring the chain of custody is being followed, helping hold participating agencies accountable, and preventing future backlogs, tracking systems also allow victims to know the status and location of their kits at all times. 

At the federal level, progress is also being made in terms of sexual assault victims’ rights. In 2016, Congress passed the Sexual Assault Survivors’ Rights Act, which gives victims the right to have their kit preserved for the length of the statute of limitations, the right to be informed about the results of a forensic examination, and the right to be informed of their kit’s intended destruction date. This law is limited to cases that are taken up in federal court, such as an assault that happens on federal park land or in a federal building.