A WAAY 31 special report
For decades, the state of Alabama was criticized for having some of the worst rape prevention and sexual assault laws in the country.
House Bill 21, was signed into law by Gov. Kay Ivey in May to try to turn the tide.
It is touted as giving sexual assault survivors their power back by holding law enforcement agencies accountable for rape kits. But, WAAY 31 uncovered that the new law left a lot of massive loopholes.
“I wondered, did I do something wrong?” asked a rape survivor who spoke to WAAY 31 on the condition of anonymity.
That thought runs through her head often. The mere question reminds her of the two sexual assaults she experienced. She told us the first time it happened it was with someone she knew. She was a teenager preparing for college.
The second time it occurred was with a stranger, nearly two decades later.
"I didn't know who it was. I was at a gas station. I leaned into my car from the passenger side. The next thing I knew, I was in trouble.”
It was trouble that seemed to never end. Those moments -- now weaved into every aspect of every day.
"When someone overpowers you in that way, you can feel very broken and you can feel very unworthy,” she said.
Jordan Rubidoux is a rape victim advocate for Crisis Services of North Alabama. On average, she sees four new survivors every week. Her job is to bring a sense of peace and hope to a person going through the worst moments of his or her life – all while trying to win a race against the clock.
As Rubidoux explained, forensic nurses have 72-hours to collect DNA evidence for a rape kit to be used in court. To get the most accurate results -- that means no showers, no eating or drinking and no going to a bathroom until all of the evidence is collected.
Evidence collection is taken so seriously, only one person is allowed to conduct every aspect of each rape kit. That is because, as Rubidoux pointed out, "If something gets mishandled. There's a high case that it gets thrown out and it is no longer admissible in court.”
In turn, it is a missed opportunity to bring justice and healing to a survivor. Justice is in short supply according to the Rape, Abuse and Incest National Network, whose data shows -- out of every 1,000 assaults only 25 are brought to justice.
State Representative Chris England of Tuscaloosa said he discovered a lot of police departments were destroying rape kits, without first notifying the victims.
The lack of transparency and blatant disregard for rape kits prompted the Congressman to look into how police departments across the state handle sexual assault cases. He found police departments charging victims hundreds of dollars to get a rape kit performed. Simply put, no money -- no kit.
"It's shocking to the conscience to know that in the past people would be charged to get evidence in their own case,” said England. "We created standards that require those rape kits to be kept for over 20 years. We created standards where we have to notify the victim, in the event the rape kit and evidence would be destroyed and we made sure sexual assault victims don't have to pay for their own rape kit.”
The new law is a step in the right direction, but as advocates pointed out, there are huge problems that remain in Alabama.
There is no requirement for hospitals to tell law enforcement about a rape kit being collected.
There is no requirement to have a rape kit picked up in a timely manner when it is collected.
Even if it is picked up and taken to the state lab, there is no requirement for it to be tested.
There is no tracking system for keeping up with completed kits.
There are a lot more problems, but in short, some feel there is nothing to make sure rape is taken seriously in Alabama.
On the rare occasion it is, the wheels of justice are painfully slow.
"Six years. It took six years. Do you know how much healing happens in six years? That just ripped all of my wounds open again,” said a survivor.
When England was presented with these issues, he promised to take action.
"You identified some gaps that we're continuing to work on. When we go back into session, those questions will be asked and we're going to put pressure on law enforcement to start keeping it and giving it to us,” said England.
In the meantime, Rubidoux will continue to fight for sexual assault survivors to ensure their voices are heard.
“Nobody wants to talk about it, everybody wants to turn a blind eye to it and pretend this isn't happening. Unfortunately, it is happening every single day,” said Rubidoux.
If you need help, the Alabama Crisis Services of North Alabama offers free rape kits 24 hours a day, seven days a week at 256-716-1000.
Update:
England says the next step is for police departments across the state to create a policy for tracking rape kits and develop a real system to ensure real justice for victims. You can click HERE to contact members of Congress to help influence rape kit legislation.
It is worth noting a recent grant from the governor's office to the “Alabama Coalition Against Rape” to train workers and survivors. WAAY 31 received a statement from Ivey, which reads in part, "It's a crucial investment in the safety, well-being and dignity of those who have been victimized, and we'll continue to work to ensure they receive the care they need and deserve."
WAAY 31 will be there during the next legislative session and keep following this important issue.
