I don’t see anything wrong with the Survivors’ Bill of Rights Act, which unanimously passed the House of Representatives on Tuesday.
The bill is simple enough and pertains to rape kits and evidence collection, areas where law enforcement can and should improve when it comes to sexual assault investigations. The bill allows accusers/victims access to their evidence collection kit, requires they be notified in writing before a kit is to be destroyed, allows them to request the preservation of kits until the statute of limitations runs out, requires they be informed of test results and ensures they won’t have to pay for evidence collection.
Nothing in this bill removes the rights of the accused. It doesn’t force police to “believe the accuser” and ignore evidence. It simply ensures that rape kits aren’t being destroyed.
There’s an argument to be made, certainly, about the cost of keeping rape kits around for years and years in cases where no charges are brought, but I don’t see much harm.
I would suggest another bill that needs to be written: Rights for students accused of sexual assault on a college campus. Currently, colleges and universities across the country claim to be conducting “fair” and “impartial” investigations into campus sexual assault. They’re not. Accused students don’t have the right to an attorney or even an experienced adviser.
They don’t have a right to cross-examination of their accuser or witnesses. They don’t have a right to present evidence in their defense (college administrators are able to claim evidence is “irrelevant,” and, as you might guess, pretty much all exculpatory evidence is seen as “irrelevant”). They don’t have a right to have their witnesses called. They don’t even have a right to being presumed innocent until proven guilty.
Clearly, things need to change when it comes to sexual assault. Police and law enforcement need to make improvements to their investigations, and schools need to stop railroading accused students in the name of political correctness.
Ashe Schow is a commentary writer for the Washington Examiner.