TALLAHASSEE, Fla. – When a victim reports a sexual assault, DNA and other evidence are collected and stored in what is known as a “rape kit,” which is then tested in hopes of identifying the offender.
At its peak, Florida once had a backlog of more than 13,000 kits, but legislation passed in 2016 helped clear that backlog.
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Now, lawmakers are looking to go even further to ensure kits are tested in a timely manner. It’s a piece of legislation known as “Gail’s Law,” named for a central Florida woman whose rape kit went untested for more than three decades.
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“We’re talking about women that spent years and years and years losing sleep literally. Not being able to sleep at night for the fear that their offender would come back,” said Camille Cooper with RAINN, an anti-sexual assault nonprofit group.
When Gail’s kit was finally tested, DNA evidence identified her offender as a serial rapist who was already in prison. The bill named after her would make sure that victims of sexual assault can track the status of their rape kits in real time.
“No victims of sexual assault should have to watch their attacker escape justice because evidence was, similar to Gail’s case, just mishandled or not processed timely,” said State Rep. Emily Slosberg, one of the bill’s sponsors. “Nobody should have their sexual assault kit sitting on a shelf for so many years. This will ensure that victims are not re-victimized.”
Thirty other states have already implemented rape kit tracking programs similar to the one now being floated in Florida. The bill would task the Florida Department of Law Enforcement with establishing a uniform rape kit tracking system.
Under the proposed legislation, victims’ identities would remain protected.
Gail’s Law wouldn’t be the first reform made to Florida’s rape kit system. When a backlog comprised of more than 13,000 untested rape kits was exposed in 2015, it prompted legislation and an extensive, three-year effort to clear the backlog.
“What I’m concerned about is them staying caught up,” said State Sen. Linda Stewart, one of the bill’s sponsors.
Slosberg said Gail’s Law would help identify any gaps or loopholes lurking in the system.
“If, for whatever reason, they’re not performing the rape kits in certain communities, it will be exposed,” Slosberg said.
The state’s tight budget this year might make for a difficult path ahead. The bill’s sponsors are still working out how much the legislation could cost and how it will be paid for, an expense that will be highly scrutinized.