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Policy Statement: Rape Kit StorageAccording to current New York Public Health law (10 NYCRR 405.9 (c) and 405.19) hospitals are required to store rape kits for a minimum of 30 days. This requirement provides the victim an opportunity to decide whether he or she would like to have the evidence turned over to the police. Feedback from local hospitals reveals that many hospitals hold rape kits anywhere between one month and six months with some hospitals storing kits for one year. Other hospitals report that they have to dispose of the rape kits after the 30 days because of lack of storage.The Alliance is advocating for a longer storage period for rape kits and an increased outreach program to victims of sexual assault regarding their evidence collection. Nevertheless, the Alliance also recognizes the challenges that this presents for hospitals including the lack of appropriate storage space. The Alliance proposes that rape kits be stored for 12 months both for purposes of identification well after the fact because of DNA and in recognition of victim trauma and its affect on the ability to make the decision that is best for the victim. New York State law allows for criminal prosecution of a sexual assault for a known offender up to five years after the crime and for an unknown offender up to ten years after the crime. The Alliance also recommends a protocol for the storage and disposal of rape kits and includes recommendations for two situations: when the victim does not provide contact information and when the victim does provide contact information. When a victim does not provide contact information the Alliance recommends that hospitals provide the victim with information on how to contact the program if they decide to turn the rape kit over to the police. If the victim does provide contact information the Alliance recommends that the hospital make its best effort to contact the victim regarding reporting the crime to the police after 30 days. If the victim chooses to turn the evidence over to the police, the victim will be asked to come into the hospital and sign a release. If the victim chooses not to turn over the kit at the time or the victim cannot be contacted, the hospital will record this information. < -- Previous Policy Statement | Next Policy Statement --> |
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