Washington State has successfully defended its ban on the sale and distribution of over-the-counter sexual assault kits, a decision that reinforces the state’s commitment to protecting sexual assault survivors and maintaining the integrity of forensic investigations. In a recent ruling, U.S. District Court Chief Judge David G. Estudillo dismissed a lawsuit filed by Leda Health, a Pennsylvania-based company that markets self-administered sexual assault kits. The company had challenged the law, arguing that it violated its First Amendment rights by restricting its ability to advertise and sell its products.
The case stems from Washington’s passage of House Bill 1564 in 2023, which prohibits the sale of over-the-counter kits that claim to allow survivors to collect sexual assault evidence on their own without the involvement of trained medical professionals. The law garnered bipartisan support and was designed to ensure that sexual assault survivors receive proper care and that evidence is gathered in a manner that preserves the chain of custody for use in legal proceedings.
Leda Health’s products, which include self-administered kits marketed as “Do-It-Yourself” options for sexual assault evidence collection, were at the heart of the legal dispute. These kits are promoted as an alternative to professional forensic exams conducted by medical personnel who are trained to collect and preserve evidence correctly. Leda Health argued that the state law infringed on its rights to free speech and commerce by limiting its ability to sell and advertise its kits. The company claimed that such restrictions could have broader implications for the sale of other items used by survivors, such as personal devices, to collect evidence.
However, Judge Estudillo ruled that Washington’s ban on over-the-counter sexual assault kits is an economic regulation rather than a restriction on free speech. The court sided with the state’s position, which asserts that such kits are insufficient for evidence collection and that survivors should receive proper care from medical professionals. The ruling effectively dismissed Leda Health’s lawsuit and denied its request to block the law.
Attorney General Bob Ferguson praised the court’s decision, calling it a victory for sexual assault survivors across Washington. Ferguson emphasized that the law prevents companies from exploiting vulnerable survivors who may not fully understand the importance of proper forensic procedures. He also highlighted that the law ensures that survivors are provided with accurate information about the best way to handle the evidence and receive the necessary medical and emotional support. By requiring professional involvement in the collection of sexual assault evidence, the law ensures that investigations and prosecutions are based on reliable, admissible evidence.
Washington state provides free sexual assault forensic exams to survivors through trained medical professionals, who are equipped to properly collect evidence while offering critical support and resources. These exams are available to survivors regardless of whether they decide to report the assault to law enforcement, ensuring that they have access to both medical care and the option to preserve evidence should they choose to pursue legal action later.
Although Leda Health has indicated plans to appeal the court’s ruling, the decision stands as a major victory for the protection of survivors and the integrity of the justice system in Washington state. The law specifically targets the sale of over-the-counter kits marketed as part of a sexual assault evidence collection process, which advocates argue could lead to inaccurate or compromised evidence. By ensuring that all evidence is collected under proper medical supervision, the state aims to uphold both the rights of survivors and the integrity of the criminal justice process.
For those in Washington seeking assistance, the state’s free sexual assault forensic exam program provides a comprehensive approach to evidence collection and survivor care. This decision reinforces the state’s commitment to ensuring that sexual assault survivors are treated with dignity and respect while safeguarding the integrity of the investigative process.
In summary, Washington state’s defense of its ban on over-the-counter sexual assault kits is a significant step toward ensuring survivors are not exploited and that the evidence collection process remains accurate, reliable, and legally viable. With continued support for survivors through professional forensic exams, the law affirms the state’s dedication to protecting those who have experienced sexual assault while promoting justice and accountability.
