Kaul, lawmakers propose uniform rape-testing protocol

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By SCOTT BAUER Associated Press

MADISON, Wis. (AP) — A bipartisan plan released on Tuesday to prevent future backlogs of sexual-assault kits in Wisconsin would set new timelines and protocols for nurses, victims and members of law enforcement.

The measure, developed after years of discussion and criticism over the state’s backlog, was released by Attorney General Josh Kaul, a bipartisan group of lawmakers, victims’ rights advocates, representatives of law enforcement and others. Kaul, a Democrat, said given the broad support, he was confident the bill would pass the Legislature and become law.

“We are hoping this sends a clear message that the state of Wisconsin is standing up for survivors of sexual assault,” Kaul said.

The testing-kit backlog was a central issue in the attorney general’s race last year. Kaul said then-Attorney General Brad Schimel didn’t do enough to complete the testing. Kaul on Friday announced that since 2016, testing had been completed on 4,160 kits, and charges had been filed against six people. The state Department of Justice, along with local police departments, is reviewing 605 cases stemming from 1,605 kits that have detectable DNA.

“We can never have another backlog of untested sexual assault kits in Wisconsin,” Kaul said.

The bill establishes requirements and timelines for health-care professionals dealing with sexual-assault victims. Under the bill, if a victim wants to report a sexual assault to law enforcement, a health care professional must notify police within 24 hours of collecting a kit. If the victim doesn’t want to report it, the kit must still be sent to the crime lab for storage within 72 hours. It would be stored there for up to 10 years.

Once a law-enforcement agency has been notified that a kit has been collected, it must take possession within 72 hours and send it to a state crime lab for testing within 14 days.

Wisconsin’s backlog of testing sexual-assault kits has been a topic of debate for years. Victim-advocate groups have been pushing since 2014 for states to analyze the kits in the hopes of identifying serial offenders.

Wisconsin Republican Rep. David Steffen, of Green Bay, said the bill will provide clear, efficient and agreed-upon procedures to replace a patchwork system in the state to ensure that justice is delivered.

“Backlogs and bureaucracy should never be a barrier to justice,” Steffen said.

Ian Henderson, with the Wisconsin Association Against Sexual Assault, said the bill is the culmination of years of work to provide survivors with options about how to work with law enforcement. Victims, for a variety of reasons, may not want to report an assault and these requirements let them make that decision, he said.

Gov. Tony Evers, a Democrat, supports the proposal and will sign it into law, said his spokeswoman, Melissa Baldauff. Republican legislative leaders did not immediately return a message seeking comment.