Legislators seek more protections for assault kit evidence

DES MOINES — Lawmakers representing Washington County are proposing bills that would extend required storage times for sexual abuse evidence collection kits and require law enforcement agencies to notify victims before their contents are discarded.

Senate File 2067 was introduced by State Sen. Dawn Driscoll earlier this month. She and other lawmakers met with Elyssa Brock, a survivor of sexual assault from Washington, to discuss the proposed bill on Wednesday.

Driscoll said she hoped the reform would make a difference for rape victims in the state, if enacted.

“We were thankful that we got to meet the resident of Washington today who is the reason we brought this piece of legislation up this session,” she said in an email. “We need to make sure we are doing everything we can to advocate for victims.”

Brock, who agreed to be identified in this article, was assaulted by three men in Washington County in 2017, leading to their convictions of assault with intent to commit sexual abuse in 2022, according to court records.

Current state code allows law enforcement agencies to dispose of evidence from sexual assault test kits after storing them for 15 years, or 15 years after a victim turns 18, whichever comes later. But in some cases, that’s before the statute of limitations for the crime expires: those who sexually abuse minors, for instance, can be prosecuted at any time after the offense in Iowa.

SF 2067 would add five years to the kits’ preservation period, and extend it throughout the lifetime of a victim if they were a minor at the time of the assault. The bill would also require agencies to notify a victim at least 60 days before disposing of their test kit, allow them to extend the preservation period, and require HIV testing for alleged offenders, rather than just those who are convicted.

Brock said it was important to ensure survivors had access to the evidence from their test kits. While some victims of abuse are confident coming forward with allegations, others often need time before bringing the matter to a court.

“You never know when a survivor is going to want to step forward. They may never, they may want to in 10 years, but it’s nice to know that evidence is still there, and can back you up if needed,” she said. “It’s an act that breaks your soul a little bit, so when you tell somebody, you run that risk of them not believing you.

“ I was fortunate enough that, that didn’t even cross my mind. I had an easier time coming forward about it, I knew my own story was true so it didn’t scare me as much. But I understand that hesitation behind it.”

Like the previous preservation period, the proposed 20-year minimum would still fall short of some statutes of limitation, and far outlast others, like the three-year statute of limitations after a perpetrator’s DNA is identified by such test kits.

State Rep. Heather Hora, who plans to present a yet-unnamed, but identical companion bill to SF 2067 in the house, said the five-year extension was suggested by attorneys who helped draft the legislation.

“I’m no expert on criminal justice, I can tell you that, but I defer to the people who do work in that industry, and that is where that number came from,” she said.

Washington Police Chief Jim Lester said he didn’t expect the bill’s extended evidence preservation period to burden the city’s law enforcement agency. Washington County Sheriff Jared Schneider did not immediately reply to a request for comments.

Other local voices in the criminal justice system have expressed support for the proposed law.

Washington County Attorney Nathan Repp said the reform represented a noteworthy improvement of access for victims of sexual assault.

“These cases can be difficult for a variety of reasons, especially when minors are involved,” Repp said. “We are always going to be in favor of anything that supports sex abuse victims and can help bring perpetrators to justice.”

Comments: Kalen.McCain@southeastiowaunion.com