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Push for rape kit reform in Albany

Currently, rape kits can be destroyed after just 30 days. There's a push to change that to 20 years.

BUFFALO, N.Y. -- Western New York police departments have largely cleared up the big backlog of untested rape kits, and now the push for reform in Albany is centered on making sure kits aren't destroyed until survivors have had enough time to decide whether they want to pursue charges.

Last year, 2 On Your Side reported how several local police departments - including Amherst, Jamestown and Fredonia - had dozens of untested rape kits in their possession. However, all 3 departments now say they have 0 untested kits.

"All thirty-eight (38) untested Sexual Offense Evidence Kits were submitted to the NYSP Forensic Laboratory prior to the deadline of December 28, 2017," said Chief Harry Snellings of the Jamestown Police Department. "Any other [rape kit] that has been received has been submitted to the forensic laboratory for analysis. No untested [kits] remain in our custody."

A state law from 2016 helped deal with the proper testing of kits, but advocates say New York State needs to fix another problem - kits that get destroyed.

Current law only requires unreported kits be kept for 30 days. In his budget proposal, Governor Andrew Cuomo would require kits be kept for 5 years.

Sexual assault survivor and founder of the ground Rise, Amanda Nguyen, said that's not good enough.

"Five years is a larger number than 30 days, but it's still significantly worse than the rest of the nation," Nguyen said. "And survivors should not have their justice depend on geography."

Nguyen is in favor of the Sexual Assault Victim Bill of Rights, which is currently before the legislature. Among other things, it would require rape kits be kept at least 20 years, mirroring federal law.

The proposed law would also require the state work toward creating a statewide tracking system for all rape kits and create a centralized storage facility as a place to keep that potential evidence.

At a press conference in Albany this week, survivor Abby Haglage gave the graphic details of how she was sexually assaulted by an apparent stranger while she was walking near her home in Manhattan in 2013.

"I submitted to the excruciating process of sexual offense evidence collection," Abby said. But by the time she went to NYPD Special Victims Unit detectives, her kit had already been destroyed.

"I'll never catch my attacker," Abby said between tears. "I will never stop him from plucking another girl from that dark corner. New York can do better."

The Republican chairman of the Senate Health Committee and the Democratic chairman of the Assembly Health Committee are both behind the Survivor Bill of Rights legislation and say they'll work to get the measure passed in both chambers and signed by the Governor before the end of this session.

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