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Sex assault survivors bill introduced

WASHINGTON — U.S. Senators Pat Toomey, R-Pa., and Catherine Cortez Masto, D-Nev., have introduced the Fairness for Rape Kit Backlog Survivors Act of 2020 to ensure that survivors of sexual assault have fair access to benefits for crime victims.

As a result of rape kit backlogs across the country, many survivors of sexual assault lose eligibility to apply for state victim compensation programs due to state time limits that are shorter than the amount of time the survivors have to wait for their rape kits to be tested. This bipartisan legislation would require that state programs allow victims to file for compensation after the deadline if the delay is a result of a backlog in testing or matching DNA evidence.

“Rape is an appalling, heinous crime and victims deserve justice and our support,” said Senator Toomey. “The fact that there are backlogs in testing rape kits, which are often used in the fight for justice, is entirely inexcusable. This bipartisan bill helps lessen the ramifications of these backlogs by ensuring that victims can apply for and receive benefits and support services, even if their rape kit is delayed to a point that a victim missed the deadline to apply in their state.”

The Fairness for Rape Kit Backlog Survivors Act of 2020 would require that state victim compensation programs under the Victims of Crime Act provide a waiver for victims who file for compensation after a state deadline if the delay is a result of a backlog in testing or matching DNA evidence.

This would ensure that when a renewed investigation into a previously reported sexual assault is initiated by a law enforcement agency after DNA testing or other evidence has revealed the identity of the offender, a victim would be eligible to apply for compensation, even if the deadline for submitting an application has passed.

The bill gives states three years to update their laws or regulations to ensure fairness for survivors.

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