Why is an at-home rape kit a problem?
A MEDICAL EXAMINATION in the aftermath of a sexual assault is not easy.
A MEDICAL EXAMINATION in the aftermath of a sexual assault is not easy.
For many people, it is a second traumatic invasion. Even for those committed to working with law enforcement toward prosecution, it can be difficult to endure.
There is a reason for the process, however. The examination, called a rape kit, is conducted by a professional who understands what is being done medically and how to do it properly. According to the Rape, Abuse and Incest National Network, some of those are trained specifically for the process as sexual assault examiners.
The examination is more than a gynecological process — especially since not all rape victims are women. It is a thorough assessment of the body for any and all injuries, as well as all evidence that might be collected. There are swabs for fluids. There may be hair or skin samples taken. Clothing may be bagged for review.
The evidence is labeled and tagged and signed off by the examiner. It is catalogued and waits, safe and documented, for the patient to decide whether or not to report the assault to police. The process maintains the chain of custody and protects the integrity of any future prosecution.
It is not something that anyone can do. That is the point Pennsylvania Attorney General Michelle Henry, as well as five other attorneys general and two more state legislatures have made in trying to stop the use of an at-home version of the kits.
Leda Health and co-founder and CEO Madison Campbell filed suit against Henry and NewYork Attorney General Letitia James this week, claiming coercion and retaliation. Henry countered the next day with her own suit, alleging unfair trade practices and violation of consumer law.
Campbell says she understands the trauma of a rape survivor because she is one. While the company is a business that started with her raising almost $10 million in capital, it is also an attempt to take away some of the pressure and stress on a victim at an emotional time. That is understandable — perhaps even commendable.
But there are times when making something easier today can make things much worse later.
If a victim chooses not to have a rape examination done at the time the assault occurs, there may later be regret that charges were not pressed. However, if the victim used an at-home kit to take that evidence, believing it preserved that option, other things could happen.
The victim might find the evidence isn’t accepted, leading to self-blame. If the case does go to court, defense attorneys often question the chain of custody for evidence. That opens the victim up to not just reliving the assault, but also justifying the choice to use an at-home kit and its validity. It is not hard to imagine a defendant claiming the at-home kit was used to manufacture evidence.
Leda Health is working with the Air Force Work Project and organizations in places like Ukraine and the Middle East to fill needs. That is important and laudable.
It proves there is a way to help if the parties commit to finding a way to make it work. Rape victims need more support in a court system that is often inhospitable to sexual assault victims. There should be a way for an enterprising, supportive company to partner with states to benefit the public and the victims.