WASHINGTON
– Legislation expanding rights for survivors of crimes of sexual violence
throughout the nation has become law as a part of Congress’ annual defense
funding package. The
Survivors’ Bill of Rights in the States Act, bipartisan
legislation
introduced by Sens. Chuck
Grassley (R-Iowa) and Jeanne Shaheen (D-N.H.), builds on the senators’ prior
work to establish guaranteed rights for survivors of federal sex crimes.
Grassley secured the inclusion of this legislation in the
National Defense Authorization Act, which passed Congress in
December.
“Survivors
of sexual assault deserve support and certainty that they will continue to be
protected while their perpetrators are held accountable. This legislation
encourages states to adopt and apply the same standard of protection across the
country by providing essential forensic kits to help deliver justice. I’m
grateful to have partnered with Sen. Shaheen and Ms. Nguyen to get this
critical law on the books,” Grassley said.
“Sexual
assault survivors shouldn’t be further traumatized by their experience by
having to jump through hoops to seek justice. That’s why I worked with Senator
Grassley to usher this bipartisan legislation through Congress to create a more
uniform criminal justice system that more comprehensively supports survivors by
incentivizing states to codify and standardize survivor rights. I was proud to
lead the landmark legislation at the federal level that became law in 2016, and
I’m equally as proud of Democrats in New Hampshire who followed my lead to
match that commitment at our state level. Now that my bill with Senator
Grassley is law, other states will have the resources necessary to follow New
Hampshire’s lead and implement survivors’ rights, ensure accountability and
strengthen our justice system,” said Senator Shaheen who, as Chair of the
Commerce, Justice, Science and Related Agencies Senate Appropriations
Subcommittee, secured $10 million in the FY23 funding bill to jump start the
Survivors’ Bill of Rights Act in the States Act.
“Sexual
assault survivors deserve access to justice no matter what state they live in.
We are grateful to Senators Grassley and Shaheen for their leadership on this
issue, for centering survivors throughout this process, and for continuing to
push these critical measures forward,” Amanda
Nguyen, founder and CEO of Rise said.
In
2016, Grassley
led the Senate
Judiciary Committee’s effort to unanimously approve the
Survivors’
Bill of Rights Act, which he co-authored with Shaheen. The legislation
guaranteed rights for survivors of sexual assault in federal cases and led to
21 states adopting similar legislation. The bipartisan
Survivors’ Bill
of Rights in the States Act builds on the legacy of the initial
legislation by ensuring that all survivors, not just those in federal cases,
are protected. Grassley and Shaheen first
introduced this
legislation in 2019.
The
Survivors’ Bill of
Rights in the States Act encourages states to ensure that
survivors have, at minimum, the rights guaranteed to survivors under federal
law. States that provide these rights would be eligible for additional federal
funding equivalent to a percentage of the formula grant funding that they
already receive under the
Violence Against Women Act (VAWA)
STOP grant program from the Department of Justice. These rights include:
· The right not to
be prevented from, or charged for, receiving a medical forensic examination.
· The right to have
a sexual assault evidence collection kit or its probative contents preserved
without charge for the statutory limitations period or 20 years, whichever is
shorter.
· The right to be
informed of results of a sexual assault evidence collection kit.
· The right to be
informed in writing of policies governing the kit’s collection and
preservation.
· The right, if the
government intends to destroy or dispose of the kit, to receive written notice
not later than 60 days before the date of the intended destruction or disposal,
and the right, upon written request, to have the kit preserved.
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