RAINN Marks Major Wins for DNA Backlog, Statute of Limitations

Summer can be slow for policymakers, but here at RAINN, July was anything but low-key. The month's milestone moments included major advances for ending the rape kit backlog, criminalizing online and AI-assisted sexual abuse, and expanding statutes of limitations so more survivors can seek justice:

Here's a deeper look at RAINN's policy highlights for July 2024:

⭐ FEDERAL WIN: President Biden Reauthorized the Debbie Smith Act

>>> FOLLOW THE DEBBIE SMITH ACT

Twenty years after cosponsoring the original bill, President Biden signed into law the reauthorization of the Debbie Smith Act through fiscal year 2029.

This bill reauthorizes the Debbie Smith DNA Backlog Grant Program which helps state and local governments improve the collection and analysis of DNA evidence, including evidence in sexual assault kits.

Since its initial passage in 2004, funding from the Debbie Smith Act has resulted in more than 300,000 hits on CODIS, the national DNA database system.  

My hope is that you understand that this legislation is one of the best when it comes to serving victims of sexual assault and other violent crimes. It responds to questions that were thought insoluble, it identifies those who would remain nameless, and it exonerates those who have been wrongly accused. This bill solves crimes from the past while working in the present and building for the future. But most of all, it offers justice, resolution, and peace for victims. That is our government working at its best!

– DEBBIE SMITH, advocate and bill namesake

NEXT: Urge Congress to fully fund the Debbie Smith Act

Now that the Debbie Smith Act has been reauthorized, it's time for Congress to allocate funding to the Debbie Smith DNA Backlog Grant Program. This funding helps law enforcement address the U.S.'s rape kit backlog by funding public crime laboratories to process DNA evidence from rapes and other violent crimes. This funding has aided in the arrest of violent offenders, including serial sexual offenders.

RAINN urges robust funding in the House and Senate appropriations bills to make this a sweeping victory for past and future survivors of sexual assault by fully funding the Debbie Smith Act.

⭐ FEDERAL WIN: The U.S. Senate Passed the DEFIANCE Act of 2024

  • S.3696: Sen. Richard Durbin (D-IL), Sen. Lindsay Graham (R-SC)

The DEFIANCE Act addresses online sexual abuse involving "deepfakes": AI-manipulated photos, videos, and audio.

>>> LEARN MORE ABOUT AI-ASSISTED SEXUAL ABUSE

The Issue: Without obtaining consent, sexual predators share and sell fake depictions of real people engaging in sexual acts. Survivors of online and AI-assisted sexual abuse lose jobs, experience trauma, and may suffer ongoing depression or anxiety.   

The Solution: The DEFIANCE Act of 2024 opens a "civil path of action" to survivors of nonconsensual manipulated intimate material (NCMIM). This means survivors may choose to sue perpetrators of deepfake distribution. 

NEXT: The DEFIANCE Act heads to the House

  • H.R.7569: Rep. Alexandria Ocasio-Cortez (D-NY-14)

We need YOUR help urging representatives to support H.R.7569 when it reaches the House!

RAINN endorses the SHIELD Act

⭐ FEDERAL WIN: The U.S. Senate Passed the SHIELD Act  

  • S.412: Sen. Amy Klobuchar (D-MN)

The SHIELD Act (Stopping Harmful Image Exploitation and Limiting Distribution) creates a new criminal offense related to the distribution of intimate visual depictions—of what’s commonly called “revenge porn.”

>>> LEARN MORE ABOUT ONLINE SEXUAL ABUSE

The Issue: Perpetrators share and sell intimate photographs of individuals without their consent, an act most people refer to as “revenge porn.” 

The Solution: The SHIELD Act makes it a crime to knowingly distribute intimate images without an individual's consent. Specifically, the bill:

  • Provides federal law enforcement with the tools they need to crack down on privacy violations 
  • Establishes a criminal offense regarding the distribution and sharing of intimate images

The bill would also make it a crime to distribute sexual depictions of children—even when those depictions do not meet the legal threshold of CSAM.

NEXT: The SHIELD Act heads to the House

Join us in urging representatives to support the SHIELD Act when it reaches the House!

RAINN Supports H.1760: DNA Exception Rule for Victims of Rape

  • H.1760: Rep. Adam Scanlon (D-MA-14), Rep. Hannah Kane (R-MA-11)

H.1760 will allow Massachusetts to prosecute rape crimes at any time after DNA evidence is matched to a crime. 

By eliminating the statute of limitations for prosecution if DNA is matched to a rape crime, H.1760 would bring justice within reach for countless survivors. 

Why H.1760 Matters to Survivors

Of the 4,018 sexual offenses reported in Massachusetts in 2022, 81.4% remain unsolved.

As DNA technology has improved, states have recognized that arbitrary time limits should not prohibit any survivor from seeking justice. H.1760 would add Massachusetts to the list of states that have extended their statutes of limitations to allow the prosecution of sex crimes whenever DNA evidence becomes available.

Survivors shared these stories during testimony before the committee in September 2023:

  • Forensic evidence identified a rapist 30 years after the crime. Sadly, Massachusetts' current statute of limitations protected the rapist from prosecution.
  • One survivor expressed their desire for a chance at justice should DNA ever identify her rapist from 25 years ago. Massachusetts' current statute of limitations is 15 years.

NEXT: Urge MA legislators to support legislation similar to H.1760 next session

Massachusetts session ended July 31 without action taken on this bill.

We encourage everyone to show support for state measures like H.1760. If you're a Massachusetts resident, contact your state legislator and urge them to lend their support to H.1760.

⭐ STATE WIN: Hawaii Expands Statute of Limitations for Civil Actions

An adult survivor in Hawaii brought S.B.2439 to RAINN's attention, prompting us to submit a letter of support to the Senate's committee members. Despite the bill originally being placed on his "intent to veto" list, Hawaii Governor Josh Green instead signed S.B.2439 into law. Thank you, Governor Green!

S.B.2439 opens a two-year window for adult survivors of sexual offenses to bring civil charges against their perpetrators, regardless of when the crime occurred. This bill also authorizes the court to award attorney's fees to a defendant when an accusation of sexual abuse was made with no basis in fact and with malicious intent.

Why S.B.2439 Matters to Survivors

Nearly 800 people reported a sexual offense in Hawaii in 2022.

These survivors deserve the freedom to pursue justice when they are capable and prepared to do so. S.B.2439 opens the door to future work to ensure that arbitrary time limits will not prohibit any survivor from the opportunity to seek justice at the time that's right for them.

NEXT: Demand permanent SOL changes nationwide

Highlight this WIN for Hawaii survivors, and call on legislators across the U.S. to adopt more permanent improvements to statutes of limitations.

RAINN Supports H.B.4482-4487: Justice for Survivors Package

  • H.B.4482-4487 Justice for Survivors package: Representatives Brixie, Howard, Miller, Scott, Steckloff, and Whitsett

This comprehensive package of bills addresses both civil and criminal statutes of limitations, expanding Michigan’s extremely narrow SOLs for survivors of sexual abuse and providing a two-year revival window to survivors who missed out on their opportunity to access justice. 

RAINN's Work on Michigan's SOL Package

RAINN has been involved with the development and advancement of these bills since before this year's session began. Working primarily with Rep. Brixie as well as Rep. Miller, we provided education on the bills to key Michigan offices, interacted with House members about this package's value to survivors, and engaged with Senators to pave the way for this legislation when it advances after the general election in November. 

NEXT: Urge Michigan senators to support the SOL package

We encourage Michigan residents to contact their state senators and ask for their support on this comprehensive SOLs package.


Comments? Questions? Policy tips? Contact RAINN’s policy team at policy@rainn.org.

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