Rep. David Murphy, R-Greenville, was sexually assaulted at 4-years-old, leading him to introduce a bill providing a sexual assault survivor bill of rights and aiding victims by tracking rape kits.
“I like to think that it hasn’t significantly changed me, but I think over the years I’ve come to figure out that trying to discount it as a factor in your life is probably a mistake,” Murphy told The Daily Cardinal. “If I had tried to deal with it, I may have been better off.”
The bill would give victims information on the sexual assault kit them of the location, testing date and results of the kit, as well as the kit’s estimated destruction date.
A sexual assault kit, also known as a rape kit, involves collecting the victims clothing for DNA evidence and a medial examination performed by a specially trained nurse, who then refers victims to further care or counseling.
Under the bill, the victim would also have to be notified if a DNA test was performed and a result matching a profile of a known person was found. Additionally, the victim would be informed of any change in the status of their case, such as if it has been reopened or closed.
“I’m trying to give the victims as much certainty as I can. Communication that lets you know what is happening is very important,” Murphy told the Cardinal.
Currently, crime victims are protected under basic rights which ensure all victims and witnesses are treated with dignity, respect, courtesy and sensitivity throughout the process.
Murphy told the Cardinal he expects no issues passing the bill, but he does foresee an accreditation issue with the Wisconsin Crime Lab.
In Wisconsin, state crime lab workers are not authorized to give information to anyone except law enforcement officers. It’s a major hurdle the bill must overcome in order to be enacted, as the law directly prevents victims of sexual assault from tracking the testing of their rape kits.
“I will do everything in my power to make sure that the bill doesn’t cause accreditation problems. We can’t hurt the integrity of our crime lab. That would be an unintended consequence that we can’t live with,” Murphy said.
University Health Services (UHS) declined to comment, but stressed information on their website for student survivors.
“UHS provides a safe, confidential and nonjudgmental space where students of all genders can explore their options regardless if alcohol was involved,” a spokesperson said.
Untested sexual assault kits have been an issue for Wisconsin in the past.
In 2015, former Republican Attourney General Brad Schimel was tasked with finding a solution as more than 6,800 rape kits were sitting untested in evidence rooms across the state. It took Schimel until 2018 to get 4,000 of the rape kits tested.
This delay was questioned by many, including his opponent, now Wisconsin Supreme Court Justice Susan Crawford, in April's election.
“He [Schimel] only put his foot on the gas when it became an issue in his reelection campaign,” Crawford told PBS.
Rebecca Ballweg, a spokeswoman for the attorney general’s office said Wisconsin had only tested nine kits two days after Schimel said “a few hundred” were tested. This drew the ire from leaders, as Schimel received funding from the federal government to complete the testing.
The Senate Committee on Judiciary and Public Safety held a public hearing for the bill Wednesday.
