MNCASA Makes Strides for Survivors

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Unspoken Voices Grateful to Support

MNCASA continues to make strides for sexual assault survivors both at a community and state level. Unspoken Voices is so grateful to be able to support MNCASA and the Law and Policy Director, Lindsay Brice. There will be a public hearing at the Minnesota House of Representatives on February 18th that will include the discussion of a bill that incorporates MNCASA’s 2020 legislative priorities. Here is what MNCASA is working to change currently.

For immediate release

2020 Legislative Policy

Proactive Agenda - an update by kilomarie granda

Sexual Assault Forensic Kits (SAKs) 

MNCASA continues a multi-year process towards comprehensive reform of Minnesota’s forensic exam services. Extensive efforts in 2018 created a right for survivors of sexual violence to access information such as the date their SAK was sent to the lab and whether a DNA profile was obtained. However, in large part due to lack of centralized storage, that bill did not create a tracking system or retention period. This year’s focus is on tracking and storing SAKs to meet national best practices. 

2020 Legislative Session Priorities:  

  • A tracking system that allows survivors to know where their SAK is in the process, and documents law enforcement/prosecution rationale for choosing not to test a SAK.  

  • Centralized storage of SAKs, including a retention period of at least 30 months.  

  • Standard statewide consent form 

Supportive Agenda

Sexual Assault Forensic Kits 

MNCASA supports the testing of all unrestricted SAKs, but due to the cost during a supplemental budget year, has prioritized centralized storage and testing. Testing all unrestricted SAKs is a federally recognized best practice, sends a powerful message of support to victims, identifies repeat offenders, connects otherwise disparate crimes, and saves communities money. Testing all unrestricted SAKs would additionally remove potential bias from the system as testing would no longer be a decision point. Mncasa.org

Eliminate the Statute of Limitations for Criminal Sexual Conduct. MNCASA supports this important survivor led work. 

ARC Minnesota prevention bill

MNCASA supports ARC Minnesota’s work to prevent sexual violence by incorporating mandatory caregiver education about sexual violence.

Sexual Assault Kits 

Minnesota Must Standardize the Processing of Sexual Assault Kits

 When someone is sexually assaulted and chooses to seek medical care, they have the right to a sexual assault exam.1 This exam, provided at no cost to the victim/survivor, offers holistic medical care and gathers evidence that can be used for investigation and prosecution. A sexual assault kit (or SAK) is not just a collection of evidence. Each SAK represents a victim/survivor who experienced a life changing trauma and then went through a comprehensive 4-6 hour sexual assault exam. Survivors of sexual violence deserve to know what is happening with their SAK. It is crucial that Minnesota law support survivors who choose to engage with the criminal justice system. 

Centralized storage of restricted and unrestricted SAKs2  

  • Federal best practices call for law enforcement or laboratories to be responsible for the long-term storage of all SAKs.  

  • Centralized storage at the Bureau of Criminal Apprehension will allow Minnesota to consistently and effectively track, inventory, and audit SAKs. 

Tracking system for restricted and unrestricted SAKs 

  • In 2018, the legislature recognized a survivor’s right to know the date their SAK was submitted to the lab, the date the agency received notice of the results, and whether a DNA profile was obtained. However, this information is difficult to obtain because Minnesota does not have a tracking system for kits.  

  • The same legislation requires law enforcement and prosecution to document why any SAK that is not tested. However, this data is not collected. Unless Minnesota chooses to test all unrestricted SAKs, this data is crucial to understanding these decisions. 

Statewide Consent Form 

  •  A statewide consent form is necessary to standardize the information that victims/survivors receive when they decide whether to release their SAK for testing.  

  • This is also a safeguard to ensure that restricted kits are not accidentally tested. 

Why Test All Unrestricted Kits? 

SAKs must be tested regardless of whether the offender is known to the victim  

  • Repeat offenders tend to assault both acquaintances and strangers. Testing all unrestricted kits helps determine whether the suspect’s DNA matches DNA from another case.  

  • Evidence gathered from a SAK often corroborates the victim’s account of the crime. 

Testing all SAKs sends a powerful message to survivors and offenders. If a community tests all kits, offenders know law enforcement is serious about using the evidence they left behind to apprehend and prosecute them. More importantly, testing all SAKs sends a message to survivors that they—and their cases—matter. 

DNA in SAKs can identify repeat offenders and connect different crimes. Public safety is enhanced by linking cases within and across jurisdictions (such as identifying repeat offenders). 

Federal best practices calls for testing all unrestricted SAKs. The National Institute of Justice’s July 2017 report, “National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach,” outlines 35 nationwide recommendations for handling SAKs.  

Communities save money by testing sexual assault kits and prosecuting offenders. As of November 2019, Cuyahoga County, Ohio (Cleveland) had tested over 7,000 backlogged SAKs, investigated every lead, engaged survivors, and prosecuted cases. Through this testing, repeat offenders were identified, saving the county $38 million. Kentucky’s Sexual Assault Response Team Advisory Committee’s 2018 report demonstrates the economic cost of not testing SAKs, and makes clear that it is most cost effective to test all (unrestricted) SAKs

Unspoken Voices BlogDaniel MaurerMNCASA, KiloMarie Granda