Survivors’ Bill of Rights in the States Act Becomes Law

WASHINGTON – Legislation expanding rights for survivors of crimes of sexual violence throughout the nation has become law as a part of Congress’ annual defense funding package. The Survivors’ Bill of Rights in the States Act, bipartisan legislation introduced by Sens. Chuck Grassley (R-Iowa) and Jeanne Shaheen (D-N.H.), builds on the senators’ prior work to establish guaranteed rights for survivors of federal sex crimes. Grassley secured the inclusion of this legislation in the National Defense Authorization Act, which passed Congress in December.

“Survivors of sexual assault deserve support and certainty that they will continue to be protected while their perpetrators are held accountable. This legislation encourages states to adopt and apply the same standard of protection across the country by providing essential forensic kits to help deliver justice. I’m grateful to have partnered with Sen. Shaheen and Ms. Nguyen to get this critical law on the books,” Grassley said.

“Sexual assault survivors shouldn’t be further traumatized by their experience by having to jump through hoops to seek justice. That’s why I worked with Senator Grassley to usher this bipartisan legislation through Congress to create a more uniform criminal justice system that more comprehensively supports survivors by incentivizing states to codify and standardize survivor rights. I was proud to lead the landmark legislation at the federal level that became law in 2016, and I’m equally as proud of Democrats in New Hampshire who followed my lead to match that commitment at our state level. Now that my bill with Senator Grassley is law, other states will have the resources necessary to follow New Hampshire’s lead and implement survivors’ rights, ensure accountability and strengthen our justice system,” said Senator Shaheen who, as Chair of the Commerce, Justice, Science and Related Agencies Senate Appropriations Subcommittee, secured $10 million in the FY23 funding bill to jump start the Survivors’ Bill of Rights Act in the States Act.

“Sexual assault survivors deserve access to justice no matter what state they live in. We are grateful to Senators Grassley and Shaheen for their leadership on this issue, for centering survivors throughout this process, and for continuing to push these critical measures forward,” Amanda Nguyen, founder and CEO of Rise said.

In 2016, Grassley led the Senate Judiciary Committee’s effort to unanimously approve the Survivors’ Bill of Rights Act, which he co-authored with Shaheen. The legislation guaranteed rights for survivors of sexual assault in federal cases and led to 21 states adopting similar legislation. The bipartisan Survivors’ Bill of Rights in the States Act builds on the legacy of the initial legislation by ensuring that all survivors, not just those in federal cases, are protected. Grassley and Shaheen first introduced this legislation in 2019.

The Survivors’ Bill of Rights in the States Act encourages states to ensure that survivors have, at minimum, the rights guaranteed to survivors under federal law. States that provide these rights would be eligible for additional federal funding equivalent to a percentage of the formula grant funding that they already receive under the Violence Against Women Act (VAWA) STOP grant program from the Department of Justice. These rights include:

· The right to have a sexual assault evidence collection kit or its probative contents preserved without charge for the statutory limitations period or 20 years, whichever is shorter.

· The right, if the government intends to destroy or dispose of the kit, to receive written notice not later than 60 days before the date of the intended destruction or disposal, and the right, upon written request, to have the kit preserved.