Rape Test Kits Can Now Be Stored for Up to 50 Years in Florida
As reported by Fox 13 Tampa Bay, Florida lawmakers passed a bill in 2024 that will allow local and state law enforcement departments to store rape kits for as much as 50 years. It is a tool that can help victims get justice—even if they are not in position to do so immediately after an attack. Here, our Miami sexual assault and battery attorney for victims provide an overview of the recent law passed in Florida.
What is a Rape Kit?
Broadly explained, a rape kit is a collection of tools that is used by trained medical professionals in order to gather physical evidence after a sexual assault has happened. The process—which may be referred to as a forensic exam—will often include documenting injuries, collecting DNA evidence, and preserving other materials that could be important in a criminal investigation. While it can feel overwhelming, undergoing a rape kit exam can help support your healing and protect your rights if you choose to pursue legal action later. You are not alone—support is available.
An Overview of 2024 Florida Law: Additional Storage Time for Rape Kits
In October 2024, Florida lawmakers passed a reform bill that mandates the preservation of sexual assault kits (rape kits or SAKs) for a minimum of 50 years. The legislation is specifically designed to address issues related to kits collected from survivors who choose not to report the assault immediately. Under the new statute, medical facilities and certified rape crisis centers are required to transfer these unreported kits to the Florida Department of Law Enforcement (FDLE) within 30 days of collection. The FDLE then stores the evidence anonymously. They must ensure that the kit will be secure and protected, with a properly documented chain of custody.
What is the purpose of the law? The extended retention period helps to empower survivors of sexual violence. It grants them the time and space to decide if and when they wish to pursue legal action. Advocates highlight that the law acknowledges the complex emotional and psychological journey survivors often face. The reality is that healing can take years. Notably, the new law applies to rape kits collected on or after October 1st, 2024.
Victims Have Options for Justice Through Criminal and Civil Legal System
Victims of sexual assault in Florida have more than one path to seek justice. In addition to the criminal system, which holds offenders accountable through prosecution, survivors may also pursue a civil lawsuit to seek financial compensation for the harm they have endured. These legal options are separate but can be pursued alongside each other. Our law firm can help.
Consult With Our Florida Civil Sexual Assault Lawyer for Victims Today
At Pike & Lustig, LLP, we are committed to fighting for justice for the victims of sexual violence. If you or your loved one was the victim of sexual assault, our team is here to help you navigate the civil claims process. Call us now or contact us online for a free case review. With offices in Miami and West Palm Beach, our firm serves communities all across Southeastern Florida.
Source:
fox13news.com/news/new-florida-law-allows-rape-test-kits-be-stored-up-50-years-know-theres-support-available
