Do-it-yourself rape evidence kits halted after states send cease-and-desist letters

Now two companies are halting the sale of do-it-yourself evidence collection kits after being threatened with legal action.

September 29, 2019

ARLINGTON, Va. (ABC7) — They boasted an "alternative solution" for sexual assault survivors. Now two companies are halting the sale of do-it-yourself evidence collection kits after being threatened with legal action.

The sexual assault forensic evidence companies MeToo Kit and PRESERVEkit were sent cease-and-desist letters from multiple states. PRESERVEkit took down its website Friday afternoon and MeToo limited the information on its site.

In a response letter posted to the website before it was removed, PRESERVEkit co-founder Jane Mason wrote the cease-and-desist letters created a "hostile and threatening atmosphere" but that the product "will be back as soon as possible."

Certified Forensic Nurse Examiner Diane Burkart said she was baffled when she heard about the at-home kits.

"I'm like, 'What? So, you're going to do your own collection of evidence?'" she said.

Burkart works in INOVA the Forensic Assessment and Consultation Teams division in Fairfax. She says gathering physical evidence after a sexual assault or rape is a meticulous process. She explained the exam first starts with a nurse speaking with the survivor to hear what happened before any physical evidence is taken. Burkart said it takes about an hour and a half and around nine swabs are used and sealed in the container. A new pair of gloves are used between each swab.

Burkart said survivors do not need to report the assault to law enforcement to get an exam but it gives survivors time to think about what they want to do while the evidence kit is stored for up to 10 years.

The Commonwealth of Virginia provides the Victim Physical Evidence Recovery Kit. It includes multiple envelopes for swabs, nail scrapings and room for clothing if necessary.

Burkart is a registered nurse and went through certification to collect the evidence. She said she couldn't imagine someone doing it on themselves.

"Reading directions and trying to do it at the same time? I mean, it's not cooking," she said.

The companies behind PRESERVEkit and MeToo Kit tout help for survivors who do not report the assault.

"For the thousands of survivors that choose not to report or go to the hospital, MeToo Kit aims to provide an alternative solution," it stated on the website.

New York Attorney General Letitia James sent both companies cease and desist letters.

"I am deeply concerned about companies selling kits that deter individuals from seeking professional care and purport to collect evidence without knowing whether the evidence will be admissible in court," James said in the letter.

Burkart understands the appeal of do-it-yourself kit, "but I can see that empowerment quickly diminishing when she goes to court," she said.

Virginia Attorney General Mark Herring issued a warning about the at-home kits.

"It's really important to provide survivors of sexual violence with options and choices, but these self-administered kits could actually be harmful or counterproductive for a survivor," said Herring. "Professionals have already identified serious shortcomings in these products, including significant concerns about whether collected evidence could actually be used in a court proceeding, about survivors' privacy, and about the way these products might discourage a survivor from connecting with the care they need."

In response to Attorney General James' letter, PRESERVEkit wrote:

"The PRESERVEkit website has numerous disclaimers related to the admissibility of evidence. In any criminal or civil case, each item of evidence is individually evaluated on its admissibility regardless of whether it was collected by law enforcement, the survivor, a SANE nurse, or other person. It is the judge who ultimately decides whether an item of evidence is admissible in court. The preserve Group makes no assertions that evidence collected as part of the PRESERVEkit will be admissible because no one knows until the particular item is introduced in court, objections made, briefs filed, etc."

The two companies pulled the products and most information for the websites for now.

"That makes me feel better but I still want people to know that there's help, to come to us," said Burkart.