The chief judge of the U.S. District Court for the District of Columbia has ruled that Washington state’s ban on “home” or DIY rape evidence collection kits is valid.
The judge ruled in favor of the WA law.
In early 2023, Congress passed House Bill 1564, which bans the sale of so-called do-it-yourself home rape kits, with overwhelming support from Republicans and Democrats.
These are essentially the same kits used by hospitals and qualified professionals when reporting sexual assaults.
Shortly thereafter, Leda Health, a Pennsylvania company, filed a lawsuit claiming that the ban violated (among other things) its First Amendment rights. Opponents of the kits argue that rape evidence collection kits are for use by trained personnel and that there is too much opportunity to tamper with home kits.
The Washington State Attorney General’s Office also stated that the lack of oversight and controls to ensure that these home kits are legal and are not mishandled and damage evidence may result in the use of these home kits in court. It was argued that little was allowed to be introduced as evidence.
Leda is reportedly selling these “early evidence” kits in other states as well. On Monday, U.S. District Court Chief Judge David G. Estudillo granted the AG’s office’s request to dismiss the lawsuit and let the law stand.
The advertising agency also alleged that kits manufactured by Leda and other companies falsely claim to be a viable alternative to kits administered in hospitals and other licensed medical settings.
Opponents of the product also argued how to prevent one of these kits from being “tampered with” to falsely accuse someone or for other illegal purposes.
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