‘They mislead victims’: Lawmakers consider ban on sale of over-the-counter rape kits

Lawmakers in Olympia are considering House Bill 1564 to ban the sale of over-the-counter rape kits after years of pushback from local prosecutors who argue that they give sexual assault survivors false hope and can’t be used as evidence in court. The bill passed unanimously through the Washington State House of Representatives.

In early February, Annette Simpson testified in support of the legislation. Simpson runs the Sexual Assault Nurse Examiner (SANE) program at Harborview Abuse and Trauma Center.

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“It is my opinion that the self-administered kit further pushed the false narrative that SANE exams are retraumatizing,” said Simpson. “They mislead victims into believing self-collected DNA evidence would be admissible in a court of law.”

Until recently, the University of Washington’s Kappa Delta Sorority had partnered with Leda Health to provide low-cost, take-home kits. That relationship ended after the Washington State Attorney General sent Leda Health a cease and desist letter saying it was misleading survivors.

Leda Health advertises itself as a startup run by survivors, for survivors. They claim their product is a less invasive option that won’t re-traumatize victims. Pushing back against House Bill 1564, company representatives explained to lawmakers their kit can be used as additional evidence to strengthen cases. They argue that victims who are reticent to visit a SANE nurse at the hospital deserve other options.

University of Washington students spoke to KIRO 7′s Lauren Donovan about their need for an alternative, but want evidence it works.

“It would be interesting to see the statistics of over-the-counter rape kits and how those perform compared to the medical process you see in the actual hospital,” said graduate student Jensen DeGrande. “Is it something that is viable, or is it something that’s kind of a hit or miss?”

A 2019 study conducted by the Rape, Abuse, and Incest National Network (RAINN) found roughly 23% of undergraduate female students in the United States experienced some form of unwanted sexual contact while on campus.

“It’s very victimizing and very traumatizing to have somebody further explore you after an incident like that,” said graduate student Jess Ghent. “Everybody has a story. If it’s as severe as rape or something else, some kind of incident where they’ve been victimized in some way.”

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