Sexual Assault Kit (SAK) Options for Non-Reporting Victims: A Policy Analysis of State-by-State Variation

• In Event: The Sexual Assault Medical Forensic Examination Process and Sexual Assault Victimization Among the Unhoused

Abstract

Prior to the mid-2000’s, sexual assault victims’ access to a medical forensic exam (MFE) was contingent on their engagement with police. The Violence Against Women Act Reauthorization (VAWA) of 2005 mandated that all victims have access to an MFE and sexual assault kit (SAK) collection regardless of whether they report their assault. While all states must offer some type of non-report SAK option to remain eligible for VAWA funds, the specifics of what is offered can vary widely and no research has previously documented that variability. The current study addressed this gap by surveying service providers and other professionals in each state to document state-level variation in non-report SAK policies. Areas of inquiry included limitations on who could access non-report SAKs, policies on non-report SAK forensic testing and CODIS-entry, financial coverage for medical-only exams, and non-report SAK retention policies. There was substantial variation in non-report SAK retention policies compared to other domains, with retention timelines ranging from 1 year to indefinite. Other domains showed more consistency (> 80%) but the exceptions highlight alternative approaches that offer profound implications for the options provided to non-reporting victims after sexual assault and the needs of the criminal-legal and medical systems that serve them.

Authors

• Rachael Goodman-Williams, Wichita State University

• Katrina Henley, Wichita State University

• Anthony Hanna, Wichita State University

• Danette Abernathy, Wichita State University