South Carolina Legislature Passes First Rape Kit Reform Bill

For Immediate Release: May 13, 2020
Contact: Melissa Schwartz, media@endthebacklog.org

NEW YORK – The Joyful Heart Foundation (Joyful Heart) today applauded the news that H.B. 3309, which will create a statewide rape kit tracking system and requires semiannual inventory reports of untested sexual assault kits, is headed to Governor Henry McMaster’s desk for signature. This is the first reform effort enacted in the state.

“When law enforcement agencies track the untested kits in their custody, communities can take the necessary steps to test those kits, hold offenders accountable and bring justice to sexual assault survivors whose cases have languished, often for years—or even decades,” said Ilse Knecht, Director of Policy & Advocacy for Joyful Heart. “Ensuring all stakeholders in the criminal justice process can know the location and status of all newly collected sexual assault evidence kits will bring transparency to evidence kit processing and prevent a backlog from happening again.”

H.B. 3309 requires the State Law Enforcement Division (SLED) to create and operate a statewide rape kit tracking system to follow kits throughout the criminal justice process. Entities handling rape kits are required to participate in the system, and the system must contain a secure victim portal to allow survivors to obtain information about their rape kit.

“Joyful Heart’s survivor-focused research shows that giving survivors a choice about how to receive information about their case can help counter the loss of self-determination and control at the core of the sexual assault experience. Building a rape kit tracking system with a portal for survivors to check the status of their kit at their convenience can give survivors the control they need to heal on their own terms,” added Knecht.

The bill additionally requires SLED to produce semiannual reports detailing critical information such as: the total number of kits in the system, the total number of kits surpassing six months since entry into the system that have yet to be tested, and the total number of kits destroyed. These reports will provide survivors, legislators, stakeholders, and the general public with invaluable data about the rape kit handling process.

“We stand with every survivor who has taken the step of reporting the crime to the police and endured an invasive examination in search of DNA evidence left behind by the attacker. Every untested kit represents a missed opportunity to bring justice and healing to a survivor and increased safety to a community,” added Knecht. “We look forward to working with state legislators and local advocates to bring further reform to the state.”

Joyful Heart has created the premier national resource about the rape kit backlog, which includes an interactive map and resources for survivors, legislators, and the media. Learn more at: ENDTHEBACKLOG.org.