[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 230 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 230

Encouraging State-by-State adoption of a sexual assault survivors' bill 
                               of rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2015

   Ms. Wasserman Schultz (for herself, Mrs. Wagner, Ms. Moore, Mrs. 
 Lummis, Ms. Jackson Lee, Ms. Brownley of California, Mr. Vargas, Ms. 
    Clark of Massachusetts, and Mr. King of New York) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Encouraging State-by-State adoption of a sexual assault survivors' bill 
                               of rights.

Whereas sexual assault is a transgression against the dignity, bodily integrity, 
        and fundamental rights of human beings;
Whereas the Department of Justice reports that 300,170 people in the United 
        States are sexually assaulted each year, which is the equivalent of one 
        person every 105 seconds;
Whereas sexual assault is a vastly underreported crime in the United States, 
        with the Rape, Abuse, Incest, National Network estimating that fewer 
        than one in three survivors report the attack to law enforcement;
Whereas the Centers for Disease Control and Prevention (CDC) estimates that one 
        in five women in the United States will be the victim of an attempted or 
        completed rape in her lifetime;
Whereas sexual assault affects women, men, and children of all racial, social, 
        religious, age, ethnic, and economic groups;
Whereas notice and access to information, fair and efficient legal procedures, 
        responsible and accountable survivor advocacy, and fair administration 
        and efficient processing of sexual assault evidence collection kits 
        (``rape kits'') are, among others, fundamental rights for survivors;
Whereas notice and access to information are necessary to inform survivors of 
        critical matters, including their basic legal rights, the contents of 
        their law enforcement report, the availability of local rape crisis 
        centers, and the final disposition of their case;
Whereas fair and efficient legal procedures are essential to protect survivors 
        against unreasonable barriers that obstruct entry into the justice 
        system and to empower survivors and thereby reduce the underreporting of 
        sexual assault;
Whereas responsible and accountable survivor advocacy is critical to prevent 
        unintentional secondary traumatization of survivors;
Whereas the fair administration and efficient processing of rape kits are vital 
        to eliminate the national backlog of hundreds of thousands of 
        unsubmitted and untested rape kits;
Whereas all citizens should have an opportunity to avail themselves of these 
        crucial rights, which currently only some States formally recognize by 
        law;
Whereas not having comprehensive and survivor-centered legal and civil 
        protections in place can result in obstruction of justice for survivors, 
        re-victimization of the survivor, and a deterrence of survivors to come 
        forward;
Whereas people in every State urgently deserve a comprehensive Sexual Assault 
        Survivors' Bill of Rights so that access to justice does not depend on 
        geography;
Whereas the United States Government is a global leader in protecting its 
        people's rights to liberty and equality; and
Whereas April is recognized as ``National Sexual Assault Awareness and 
        Prevention Month'': Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) encourages the adoption of a comprehensive State-level 
        Sexual Assault Survivors' Bill of Rights that upholds core 
        United States values and--
                    (A) seeks to ensure equality under the law, thereby 
                ensuring that all survivors of sexual assault obtain 
                the equal measure of justice in every State;
                    (B) protects personal liberty, by respecting 
                survivors' personal autonomy in the aftermath of an 
                assault that has already violated their bodily 
                integrity, and reaffirming the inalienable nature of 
                their rights to notice, efficiency, and fairness;
                    (C) ensures universally agreed-upon rights, which 
                find their basis in strong legal precedent, which do 
                not infringe upon the rights of the accused, and which 
                constitute a nonpartisan, non-controversial approach to 
                a complex issue;
                    (D) complements existing State and Federal 
                statutory language regarding sexual assault and 
                encourages more survivors to report their assaults, 
                thereby increasing the impact of existing State and 
                Federal statutory language;
                    (E) respects the plenary powers of each State over 
                the health, welfare, and safety of its citizens in 
                enacting and enforcing the rights of its own citizens; 
                and
                    (F) demonstrates a serious commitment to ending 
                sexual assault and improving the lives of its citizens;
            (2) strongly urges States to adopt a Sexual Assault 
        Survivors' Bill of Rights that includes, but is not limited to, 
        the--
                    (A) right to prompt analysis of the survivor's rape 
                kit;
                    (B) right to know the results of the survivor's 
                rape kit;
                    (C) right to be notified in writing of survivor's 
                legal rights;
                    (D) right to be notified in writing of the nearest 
                rape crisis center;
                    (E) right to be informed about the status of the 
                survivor's case;
                    (F) retention of all rights regardless of whether 
                assault is reported to law enforcement;
                    (G) right to a sexual assault counselor; and
                    (H) right to terminate all legal ties and contact 
                with assailant; and
            (3) recognizes and applauds those State legislative bodies 
        which have already taken steps toward the adoption of a Sexual 
        Assault Survivors' Bill of Rights.
                                 <all>