Gail’s Law, requiring tracking of evidence obtained in rape kits, is now law – bringing to a close a disturbing chapter in the lives of Florida’s sexual assault victims.
For decades, evidence such as blood and semen has been collected in rape kits during physical examinations of rape victims, but hundreds of thousands of the kits were set aside or even lost, leaving cases unresolved, according to private and public investigations.
Now in Florida, rape kits must be promptly processed by the Florida Department of Law Enforcement. By 2023, they must be trackable in a state database along every step in the investigative process — giving rape survivors reason to have confidence that their ordeals are being investigated and their attackers pursued.
Gail’s Law, a bill co-sponsored by Sen. Linda Stewart, an Orange County Democrat, and Rep. Emily Slosberg, a Palm Beach Democrat, was adopted by the Legislature in late April and signed into law late Tuesday by Gov. Ron DeSantis. (The bill numbers are House Bill 673 and Senate Bill 1002.)
The law is named for Gail Gardner of Orlando, who was raped in 1988 but did not learn the identity of her attacker for 33 years. That is because her rape kit was set aside, left unprocessed, and forgotten.
Gardner, now 73, a retired teacher, learned those disturbing facts two years ago by chance. That is when her kit was belatedly tested, identifying an attacker who had been in prison for years.
Gardner testified repeatedly before House and Senate committees during the legislative session, explaining how disturbing it was to learn that her case had not been not properly investigated – leaving her to worry for years that her attacker was on the loose.
In a statement issued late Tuesday by the sponsors of Gail’s Law, Gardner said, “I am proud to have this bill named after me and to know that it will bring information and answers to sexual assault survivors, like me. I waited 32 fear- and anxiety-filled years to hear anything about my kit and my case, and I know others are experiencing that tragedy right now. My heart aches for them. Gail’s Law will help fix the problem and bring some healing to survivors, who deserve no less.”
Gardner’s rape kit was one of at least 13,435 untested kits found across Florida (including 8,600 from assaults committed before Oct. 1, 2014) in 2015. A sexual assault kit contains swabs, vials, and other items for collecting physical evidence such as blood, hair, and semen. Victim advocates say it takes courage for victims to undergo such exams when their bodies have just been violated and then they must endure hours of examination before they can wash or change clothes.
The 2015 Florida Legislature ordered the backlog of untested rape kits be cleared, which occurred thanks largely to funding from the U.S. Bureau of Justice Assistance, a branch of the Department of Justice. Of the 13,435 untested kits, 8,023 were belatedly tested, resulting in 1,814 DNA matches of suspects, according to a legislative analysis.
Before 2016, Florida law did not mandate how to handle the test kits. Now, all kits are promptly in a timely manner.
By 2023, the newly created database is to be operational, allowing rape survivors to track the status of their bar-coded rape kits, and survivors must must be notified if a DNA match is found.
The post 'Gail's Law' becomes FL law; sexual-assault survivors win fight for tracking of rape kits first appeared on Daily Florida Press.
from Daily Florida Press https://dailyfloridapress.com/gails-law-becomes-fl-law-sexual-assault-survivors-win-fight-for-tracking-of-rape-kits/
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