Washington Attorney General Bob Ferguson has taken a strong stance against do-it-yourself rape kits, issuing a cease and desist letter to Lida Health to halt their distribution. These kits, marketed as a way for survivors to collect evidence in the comfort of their homes, raise significant concerns regarding the integrity of the evidence collected.
Ferguson highlighted the critical issue of "chain of custody," which is essential for ensuring that DNA evidence is admissible in court. He emphasized that without professional handling, the evidence collected at home could be compromised, making it ineffective in prosecuting offenders. "While the intentions may be good, you can't put away bad people if the tests are done at home," he stated.
The conversation around these kits comes amid alarming statistics about sexual assault, particularly among college students, where surveys indicate that around 13% experience unwanted sexual contact. However, Ferguson pointed out that the solution lies not in DIY kits but in ensuring that survivors receive proper medical attention and evidence collection through trained professionals.
In addition to addressing the DIY kits, Ferguson discussed the backlog of legitimate rape kits in Washington, revealing that approximately 10,000 kits had been untested in local law enforcement agencies. Fortunately, thanks to recent funding and collaborative efforts, this backlog has been significantly reduced, with only a few hundred remaining to be tested. These tested kits contribute to the national DNA database, CODIS, which is not an option for DIY kits.
Ferguson's message is clear: while the desire for accessible options for survivors is understandable, the risks associated with unregulated evidence collection could ultimately hinder justice.