A federal judge has upheld Washington State's prohibition on the sale and distribution of over-the-counter sexual assault kits. The decision dismissed a lawsuit from Leda Health, a Pennsylvania company marketing self-administered kits. These kits, according to the state, create false expectations and undermine legal processes.
The ban stems from House Bill 1564, signed into law in 2023. The legislation aims to prevent misinformation regarding reporting processes and ensure survivors access accurate medical treatment and community resources. In Washington, free sexual assault kits are available at hospitals and other medical providers, with evidence gathered there admissible in court.
Attorney General Bob Ferguson defended the law against claims by Leda Health that it violated the First Amendment and due process rights. U.S. District Court Chief Judge David G. Estudillo ruled in favor of Ferguson’s motion to dismiss Leda’s challenge.
“This is a legal victory for sexual assault survivors,” said Ferguson. He emphasized that bipartisan legislative support helped pass the law to prevent exploitation of survivors by companies like Leda Health.
Washington's statute bans "at-home" or over-the-counter sexual assault evidence collection kits unless provided by law enforcement or healthcare providers. Self-administered kits differ significantly from those conducted by trained professionals such as Sexual Assault Nurse Examiners (SANE). Evidence from these professional exams is routinely accepted by courts and processed by the Washington State Crime Lab.
Self-administered kits face numerous evidentiary challenges including concerns about contamination and chain of custody issues, making them inadmissible in most cases. Additionally, DNA collected from such kits cannot be submitted to CODIS, hindering law enforcement efforts.
Ferguson's Survivor Justice Unit continues its work on addressing backlogged sexual assault cases in Washington. In October 2023, it was announced that this backlog had been effectively cleared with ongoing efforts funded through requested budget allocations.