Board Member Fiona Ma, CPA speaks in support of AB 280 - to help provide funds to eliminate the rape kit backlog.
Every 98 seconds, an American is sexually assaulted, with 1 in 6 women and 1 in 33 men experiencing sexual violence in their lifetimes. Meanwhile, only 6 out of every 1,000 perpetrators will end up in prison. These sobering statistics from the Rape, Abuse, & Incest National Network (RAINN) remind us that sexual violence affects millions of Americans. To collect evidence of the crime, sexual assault survivors undergo a two-hour medical exam. As explained by Dr. Vickers from the Sutter Medical Foundation, after an extremely personal and specific interview of the victim is completed, a rape kit is used to collect evidence. A camera is used to take photos of the victim’s entire body, vaginal and anal scopes are inserted into the body to collect DNA samples and to see what physical trauma the victim has suffered, and swabs are taken from every surface where the assailant’s DNA may potentially be; from the victim’s mouth down to the fingernails. It is a process only less humiliating and demoralizing than the rape itself.
After this extensive process, you’d expect the rape kit to be processed quickly by the crime lab so any clues in the case could lead to justice and get the attacker off the streets. Instead, I was shocked and distressed to find out thousands of these kits just sit on a shelf waiting to be tested while the clock ticks down. Each rape kit collecting dust on a shelf is a person who survived sexual assault. Justice delayed is justice denied.
Sexual Assault Evidence Kit including swaps, fingernail scrapings kit, clothing bag, and other tools.
The rape kit backlog is a travesty that has been ongoing for sexual assault survivors for far too long. Nationally, there are an estimated 400,000 rape kits backlogged waiting to be tested, and this issue is compounded by the statute of limitations on rape cases. California made progress to expand access to justice for sexual assault survivors by eliminating the statute of limitations on rape cases if new DNA evidence presents itself through the signing of Senate Bill 813 (Leyva). California even set a 120 day limit on any current rape kits that are taken as evidence; however, this wasn’t retroactive to the backlogged kits that have been sitting on shelves for years.
This is not the first time I’ve tried to tackle the backlog. As a long-time champion for sexual assault and domestic violence survivors, helping men and women who have suffered this trauma has been a priority of mine since my time in the Legislature back in 2006-2012. Back then, when I tried to fund the county backlogs through AB 855, I was unsuccessful because it was deemed “too expensive.” Since then several bills have been authored by other legislators to alleviate the backlog; however, resources always seem to be lacking.
It’s time to get creative and think “inside the box” – the voluntary contribution check-off box that is. That’s why I teamed up with Assemblymember Evan Low to create a check-off a box for justice by sponsoring Assembly Bill 280 (AB 280). AB 280 supplements government funding by adding a check-off box to personal income tax forms allowing taxpayers to donate to the Rape Kit Voluntary Tax Contribution Fund. While AB 280 is not a substitute for government funding and isn’t a perfect solution, it’s a step in the right direction and sheds light on an issue the government needs to address.
Californians have always donated to worthy causes. The first individual voluntary contribution check off box on California Income Tax Returns appeared on the 1983 tax return forms. Since then, more than 50 legislatively enacted funds have directed more than $110 million dollars for specific state needs. Generating funding to help sexual assault survivors find justice and remove perpetrators from our streets is a worthy cause to add to the list. I would be proud to donate to this cause to help our sisters, brothers, sons, and daughters receive the justice they deserve. It is our responsibility as leaders and public servants to do absolutely everything we can to ensure these kits are tested and to try and bring the victim some semblance of closure by using all the evidence available to put the attacker behind bars.
Call the Governor to #SignAB 280: Make your voice heard!