A federal judge in Washington has recently confirmed the state's decision to ban the sale and distribution of do-it-yourself sexual assault kits. These over-the-counter kits had been made available by a Pennsylvania company, Leda Health, which attempted to challenge the prohibition, asserting rights under the First Amendment and due process were being violated, as reported by the Washington State Office of the Attorney General. However, their lawsuit has been dismissed, affirming the state's stance that professional medical services are essential for the proper handling of such sensitive investigations.
The legislation at the center of this dispute is House Bill 1564, enacted in 2023, which was designed to safeguard victims from potentially misleading practices. While Leda Health may still sell these kits in other states, the Washington law strictly prohibits their distribution, focusing on the issues of evidence integrity and the well-being of survivors. These kits are not eligible for submission to the state Crime Lab and their findings wouldn't be entered into CODIS, the national DNA profile database used by law enforcement. "This is a legal victory for sexual assault survivors," said Attorney General Bob Ferguson, in a statement highlighted by the Attorney General's Office. Ferguson emphasized, "Survivors should know that they are not alone — critical services to help them seek justice are available from trained medical professionals, at no cost."
Attorney General Ferguson has also introduced a Survivor Justice Unit, a concerted effort within the state to address sexual assault more comprehensively. Since its establishment, the unit has been involved in testing backlogged kits, supporting investigations into sexually motivated homicides, and using advanced DNA testing to tackle cold cases. As such, in August 2023, with AGO-funded forensic genetic genealogy testing, Kent police narrowed down suspects and arrested an individual in a 44-year-old murder case, as per the Attorney General's Office. The unit remains committed to standing for survivors and identifying serial sex offenders operating in Washington, with Ferguson requesting $534,000 to support its ongoing work in the following biennium.
