A new law that sets timelines for rape kit collection, processing, and storage went into effect on July 1, 2022. Governor Tony Evers signed 2021 Wisconsin Act 116 on Dec. 6, 2021. The 2021 Wisconsin Act 117, which establishes a sexual assault kit tracking system, was also signed. Both pieces of legislation aim to prevent a repeat of the backlog of thousands of rape kits discovered in 2014. The state needed four years to process these kits.
Sexual assault is a serious crime. Anyone questioned or arrested for an alleged sexual assault should retain experienced legal counsel right away.
Wisconsin’s Sexual Assault Kit Timelines
Prior to the new law, no standard procedure guided how sexual assault kits were handled in the state. That’s no longer true.
A health care professional who conducts a forensic examination must notify law enforcement within 24 hours of collecting a kit if the subject wants to report the incident. The law enforcement agency is required to take possession of the evidence within 72 hours. The kit must be sent to the state crime laboratories within 14 days to be processed.
Beginning in May 2022, an alleged survivor who submitted rape kit evidence can track where the kit is as it goes through testing and evidence storage.
Extended Kit Storage Provisions
The law does more than address how kits should be handled in the near term. If the person asks for a rape kit to be completed but chooses not to report what happened to the police, the health care provider sends the kit directly to the state crime lab within 72 hours of collection.
The lab will store the kit for up to 10 years in case the individual chooses to move forward with a criminal investigation years after the incident. The statute of limitations for some sexual assault cases is 10 years.
Discovery of Untested Rape Kits
The timeline and tracking laws result from the more than 6,000 rape kits that remained untested as of 2014. These kits had been sitting in evidence rooms for years. The state received a $4 million federal grant in 2015 to help pay for testing. Testing of the backlog of rape kits was completed in 2018.
Statute of Limitations for Sex Crimes
Crimes of any kind typically have a statute of limitations, a time limit in which charges can be filed. The statute of limitations for sex crimes depends on the level of the crime as well as the age of the victim.
Wisconsin statutes of limitation for sex crimes include the following:
- First-Degree Sexual Assault of a Child: No statute of limitations
- Second-Degree Sexual Assault of a Child: Before the victim reaches 45 years old
- First-Degree Sexual Assault: No statute of limitations
- Second- and Third-Degree Sexual Assault: 10 years
- Fourth-Degree Sexual Assault: 3 years
With the exception of fourth-degree sexual assault, a class A misdemeanor, the sex crimes listed here are felonies that carry decades in prison and as much as $100,000 in fines.
Anyone accused of a sex crime needs aggressive and experienced legal representation. At the Law Offices of Christopher J. Cherella, we vigorously defend our clients. Attorney Cherella has more than two decades of experience, including time spent as a prosecutor. He deeply understands the inner workings of both sides of a criminal investigation.
If you face allegations of criminal wrongdoing, contact Attorney Cherella right away. We are available 24/7 to begin work on your case. Call (414) 882-8382 for legal advice and support.