The author of this post is Karla Hernández, co-founder of Vivo Alliance, an advocacy nonprofit based in Puerto Rico. Vivo Alliance and Joyful Heart Foundation started collaborating in May 2024 to understand the rape kit handling issues in Puerto Rico and advocate for change. In this post, Ms. Hernández walks us through issues survivors face in accessing justice and healing in Puerto Rico and specific policy recommendations they are advocating for. We are publishing this blog to elevate Ms. Hernández’s leadership on her advocacy efforts, in honor of National Hispanic Heritage Month.
Karla Hernández, a sexual assault survivor, and her husband Gerald Ericksen, founders of Vivo Alliance, are leading a crucial effort to reform victims’ rights laws in Puerto Rico. Their initiative, rooted in extensive research and collaboration, seeks to improve justice for survivors and ensure their voices are heard throughout the legal process.
In Puerto Rico, a State of Emergency due to Gender-Based Violence was first declared in 2021 due to escalations in violence against women. Even though the Governor extended this State of Emergency in December 2023, violence against women has continued to increase. Sexual violence cases, in particular, remain especially difficult to document and prosecute.
Survivors in Puerto Rico face significant barriers, including a backlog in the processing of DNA evidence (rape kits) and a shocking lack of transparency and accountability in the prosecutorial process, which leads to re-victimization and cases going unsolved. The current legal framework in Puerto Rico is failing survivors, leaving them without the rights and support they need to seek justice and begin to heal.
To address these challenges, Vivo Alliance partnered with the University of Puerto Rico Law School, and other legal professionals, to conduct a thorough analysis of victims’ rights laws. Their research examined victims’ rights legal frameworks across the U.S. and 21 other countries, identifying the deficiencies in these laws as well as the best practices currently being implemented.
Based on their findings, Vivo Alliance has drafted a legislative proposal designed to overhaul Puerto Rico’s handling of sexual assault cases. Some of the key recommendations include:
- Guaranteeing survivors the right to an attorney or legal advocate throughout the criminal process.
- Ensuring consultations with survivors at critical stages of their cases.
- Establishing time limits for collecting DNA evidence from suspects and for processing rape kits.
- Removing the requirement for survivors to file a police complaint before rape kits can be collected and processed.
- Keeping survivors informed about their cases and the status of their rape kits.
- Mandating an annual inventory of rape kits to address backlogs and improve transparency.
- Allowing survivors to appeal decisions if they believe their cases have been mishandled.
- Ensuring that survivors’ information and evidence are considered.
“Although these recommendations aim to enhance support for victims, streamline the legal process, and improve justice outcomes in Puerto Rico, it’s important to recognize that our investigative analysis has revealed that the issues faced in Puerto Rico are part of a broader trend seen in many other jurisdictions”, said Karla Hernández. “This underscores the need for a unified approach to reforming victims’ rights and the prosecution of these crimes. This is not just a local issue but one of national and international significance and we hope that our initiative will not only address these problems effectively in Puerto Rico, but also serve as an inspiration for other states and regions to adopt similar approaches.”For more details about Vivo Alliance’s work and Karla’s story, visit: https://www.vivoalliance.org/ and follow them on social media at @vivoalliance.