By Leigh Anne Wall
Attorney at Law, Retired prosecutor

In recent years, Louisiana has made several revisions to the laws surrounding sexual assault, forensic exam collection kits. These changes not only standardize procedures and testing throughout the state, but also reflect a greater sensitivity to the effect that sexual assault has, allowing survivors to decide whether or not to report the sexual assault independent of receiving medical treatment and care. A new law, which went into effect on August 1, 2023, requires the Louisiana State Police to develop a portal for tracking all sexual assault collection kits in their system. This law requires the Louisiana State Police to create and maintain a statewide database of sexual assault collection kits, from the time of their collection through conviction of a perpetrator. LSP will be responsible for tracking data regarding the kits, such as how many kits are in the system, how many have completed forensic testing, and how long kits have been waiting to be tested. In a news story about the new law, WVUE in New Orleans reported that the new law will “make it easier to hold law enforcement agencies accountable for evidence that could bring justice to sexual assault survivors.” (WVUE Fox 8, July 31, 2023.)

This new law is empowering for survivors. It attempts to hold agencies accountable for long delays in sending the sexual assault kits to the crime lab for testing. As reported by WVUE, victims often lose confidence in the criminal justice system when, after going through the extensive collection process, their kit isn’t tested and the case stagnates.

Trashanda Grayes who works with survivors of sexual assault at the New Orleans Family Justice Center, told WVUE, “The longer the kit sits on the shelf, that allows more time for the kit to be damaged or the evidence to be damaged. It’s very complex to have a whole rape kit testing done. So, if a survivor, after they have been through the traumatic event that they’ve been through, if they follow through with getting an entire rape kit done, then we definitely feel that the processing of the rape kit should be done.”

The hope is that, as more kits are processed, more cases can be solved. More victims can see their perpetrator brought to justice.

While the new law, Rev. Statute 15:624.1, went into effect Aug. 1, 2023, the Legislature has given the Louisiana State Police until July 1, 2024, to fully implement the mandated tracking system. After July 1, 2024, LSP will be required to submit a report to the state every year by January first reporting on the status of all sexual assault collection kits.

Louisiana law, in Louisiana Revised Statute 40:1216.1, also gives victims the right to receive all medical treatment for a sexual assault independent of whether they decide to have the assault reported to law enforcement. A hospital or healthcare provider cannot charge a victim for treatment or for collection of evidence, and cannot refuse treatment if the victim does not want the assault reported to law enforcement.

It is important to note that the voluntary decision to report a sexual assault to law enforcement is only applicable to victims who are adults. The law explicitly does not apply to minors 17 years old or younger, or to adults who are physically or mentally incapable of making a decision on whether to report. Those victims fall under the state’s mandatory reporting laws. If a victim does not want to report the sexual assault to law enforcement, the hospital must collect all tests, procedures, or samples that may serve as potential evidence and maintain this evidence. The evidence shall be assigned a confidential code number, then turned over to the appropriate law enforcement agency, without identifying the victim or filing a report of a sexual assault.

A hospital or healthcare provider must turn over the sexual assault collection kit to law enforcement within seven days of its collection, and must maintain their confidential records regarding the victim for one year. The sexual assault collection kit will be maintained in the LSP tracking system as required by Rev. Statute 15:624.1. By enacting these laws and amendments to existing laws, the hope is that, as more kits are processed, more cases can be solved. More victims can see their perpetrator brought to justice. Victims will have more power in how they are treated and how their case proceeds.