Alternative Reporting Options Across the United States: Documenting Each State’s Options for Sexual Assault Kit Collection Without a Police Report

Abstract

Introduction: The Violence Against Women Act requires that sexual assault victims be able to have a sexual assault kit (SAK) collected without reporting the assault to police, but the details of this “non-report SAK” option vary from state to state. The goal of this study was to analyze non-report SAK policies across the United States. Methods: Information about each state’s policy was collected from 80 practitioners from January 2024 to June 2024. A descriptive policy analysis was conducted, with specific focus on each state’s available options, age of access, forensic testing policies, storage location and timeframe, availability of free medical only exams, and crime victim’s compensation eligibility. Results: All but one state has a formalized non-report SAK option, with six states offering multiple options. Eleven states grant minors access to these options in at least some circumstances. Four states require and five states provide optional forensic testing for non-report SAKs. Law enforcement agencies were the most common storage location, with storage timelines ranging from 90 days to 75 years (M = 17.01 years, SD = 19.05 years). Twenty states offer a free medical exam without forensic evidence collection and 22 have extended victim’s compensation fund eligibility to victims who have a non-report SAK collected. Conclusions: Non-report SAK policies vary widely across the United States, with victims in some states having many more options than in others. Policy Implications: Policymakers should consider expanding the options available to non-reporting victims in states with few options available. Failing to offer free medical only exams, in particular, may have downstream consequences for victims and help-seeking systems.