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Assembly bill would require assault-kit testing within 90 days

By: Michaela Paukner, [email protected]//October 18, 2019//

Assembly bill would require assault-kit testing within 90 days

By: Michaela Paukner, [email protected]//October 18, 2019//

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The Wisconsin Department of Justice would have to test sexual-assault kits within 90 days of collecting them under a new state assembly bill. The Wisconsin Assembly Committee on Criminal Justice and Public Safety met Thursday for an executive session and a public hearing on the proposal. 

The proposed legislation would require the Department of Justice to test sexual-assault kits within 90 days of collection. The proposal would also set up a bill of rights for sexual-assault victims, giving them the right to:

  • Be provided with written rights
  • Choose whether to undergo a sexual assault forensic exam
  • Bathe immediately after a forensic exam
  • Choose whether to cooperate with law enforcement
  • Have exam evidence stored for 50 years or until the end of the prison term for the person convicted of the assault
  • Be notified in writing 60 days prior to the destruction of evidence from the forensic exam

The victim bill of rights would be effective whether or not a victim chooses to cooperate with law enforcement. The bill would also requires the DOJ to store sexual-assault kits.

Sen. André Jacque, R-De Pere, said the bill’s adoption would make Wisconsin the 21st state to add a bill of rights for survivors. He and Rep. Janel Brandtjen, R-Menomonee Falls, said it makes cases a priority and provides support for victims.

“You’re dealing with victims who are almost going through a post-traumatic stress situation,’ said Brandtjen. “Having the ability to have it in a written and oral format allows them to really just begin to process after they’ve gone through incredible trauma.”

Three sexual assault survivor advocates testified in favor of the bill. They said the 90-day testing requirement would help eliminate a backlog of untested rape kits in Wisconsin. The Department of Justice reports now having more than 6,800 untested kits.

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