Investigation: At-home sexual assault exams sold by company Leda Health to Greek community not valid evidence in court
This investigation began at university newspaper The Daily and I continued coverage for The Seattle Times.
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Part I: ‘They are marketing a product and they are making money’
Content warning: This article contains reference to sexual assault
As fall quarter kicks off, at-home sexual assault exam kits are quickly making their way into the University of Washington through partnerships with individual Greek houses.
While these kits have been presented to a wider portion of the UW Greek community in the past few weeks, many UW organizations, including LiveWell Center for Advocacy, Training and Education, have raised concerns surrounding the validity of said tests in potential cases of sexual assault.
“These at-home kits haven't been proven to be admissible during court proceedings,” Shannon Bailie, LiveWell director, said.
Sexual assault nurse examiner (SANE) nurses are registered nurses that receive special training to provide care for sexual assault victims, according to the Rape, Abuse & Incest National Network. SANE nurses are specially vetted in order to be able to give clear, accurate evidence in court cases regarding sexual assault.
“It's concerning, because SANE exams that are done through medical professionals are allowed [in court] and the clear cut answers are used in courts frequently,” Brittany Bowhall, LiveWell advocate, said. “There could be a chance that somebody goes through using one of these kits presented as evidence and the judge does not allow it.”
In comparison, someone administering their own sexual assault exam would not have the medical experience to properly collect evidence like SANE nurses do, Bailie said in an email.
At-home kits, like the ones sold by Leda Health to recent partner UW sorority Kappa Delta, have not been used in a court of law, and are otherwise inadmissible in court.
The summary section of Leda Health’s terms and conditions page further states that “Leda Health is not a medical service and the information we provide is not a substitute for professional medical advice, diagnosis, treatment, or counseling."
While operating under its original name of MeToo Kits Company in 2019, Leda Health was given cease and desist letters from both Michigan Attorney General Dana Nessel and New York Attorney General Letitia James over allegations of false advertising. As in 2019, the cost of a kit, or any service provided by the company, is not publicly accessible, as they are not directly purchasable.
“We're worried about a false sense of security in these exams,” Bailie said. “If [victims] chose to report a crime, we just don't have evidence that they would be taken as admissible in a court of law. And that's really concerning that a student would go through a process of giving themselves an exam at home thinking that this might help them, and then for it to turn out not to. We think that could be so much more traumatizing in the end.”
SANE nurses are able to give free exams to students at the UW Medical Center.
While Taytem Raynor, president of UW Kappa Delta, said she does not consider her organization to have been taken advantage of, Bailie said companies like Leda Health are taking advantage of student organizations to promote their services, since Leda Health charges for these kits and other services.
“I think that's imperative to keep in mind that this is a business and they are marketing a product and they are making money off of this product,” Bailie said.
The Daily reached out to Leda Health CEO Madison Campbell and the company’s PR team.
“It's not our position that these kits cannot be used in a court of law or in a Title IX case,” Ilana Turko, vice president of strategy at Leda Health, said in a phone call. “Those are case by case decisions that should be made on the totality of the circumstances and the rules of evidence that apply in the jurisdiction or the proceeding.”
The group also claims to have reached out to UW officials several times.
UW provides resources such as access to STI tests, as well as free sexual assault exams, free contraceptives, free educational workshops on topics of sexual violence, free self defense classes, and other free services through Hall Health, SafeCampus, the UW LiveWell Center, and UW Medicine.
Reach reporter Jadenne Radoc Cabahug at [email protected]. Twitter: @jadennecabahug
As fall quarter kicks off, at-home sexual assault exam kits are quickly making their way into the University of Washington through partnerships with individual Greek houses.
While these kits have been presented to a wider portion of the UW Greek community in the past few weeks, many UW organizations, including LiveWell Center for Advocacy, Training and Education, have raised concerns surrounding the validity of said tests in potential cases of sexual assault.
“These at-home kits haven't been proven to be admissible during court proceedings,” Shannon Bailie, LiveWell director, said.
Sexual assault nurse examiner (SANE) nurses are registered nurses that receive special training to provide care for sexual assault victims, according to the Rape, Abuse & Incest National Network. SANE nurses are specially vetted in order to be able to give clear, accurate evidence in court cases regarding sexual assault.
“It's concerning, because SANE exams that are done through medical professionals are allowed [in court] and the clear cut answers are used in courts frequently,” Brittany Bowhall, LiveWell advocate, said. “There could be a chance that somebody goes through using one of these kits presented as evidence and the judge does not allow it.”
In comparison, someone administering their own sexual assault exam would not have the medical experience to properly collect evidence like SANE nurses do, Bailie said in an email.
At-home kits, like the ones sold by Leda Health to recent partner UW sorority Kappa Delta, have not been used in a court of law, and are otherwise inadmissible in court.
The summary section of Leda Health’s terms and conditions page further states that “Leda Health is not a medical service and the information we provide is not a substitute for professional medical advice, diagnosis, treatment, or counseling."
While operating under its original name of MeToo Kits Company in 2019, Leda Health was given cease and desist letters from both Michigan Attorney General Dana Nessel and New York Attorney General Letitia James over allegations of false advertising. As in 2019, the cost of a kit, or any service provided by the company, is not publicly accessible, as they are not directly purchasable.
“We're worried about a false sense of security in these exams,” Bailie said. “If [victims] chose to report a crime, we just don't have evidence that they would be taken as admissible in a court of law. And that's really concerning that a student would go through a process of giving themselves an exam at home thinking that this might help them, and then for it to turn out not to. We think that could be so much more traumatizing in the end.”
SANE nurses are able to give free exams to students at the UW Medical Center.
While Taytem Raynor, president of UW Kappa Delta, said she does not consider her organization to have been taken advantage of, Bailie said companies like Leda Health are taking advantage of student organizations to promote their services, since Leda Health charges for these kits and other services.
“I think that's imperative to keep in mind that this is a business and they are marketing a product and they are making money off of this product,” Bailie said.
The Daily reached out to Leda Health CEO Madison Campbell and the company’s PR team.
“It's not our position that these kits cannot be used in a court of law or in a Title IX case,” Ilana Turko, vice president of strategy at Leda Health, said in a phone call. “Those are case by case decisions that should be made on the totality of the circumstances and the rules of evidence that apply in the jurisdiction or the proceeding.”
The group also claims to have reached out to UW officials several times.
UW provides resources such as access to STI tests, as well as free sexual assault exams, free contraceptives, free educational workshops on topics of sexual violence, free self defense classes, and other free services through Hall Health, SafeCampus, the UW LiveWell Center, and UW Medicine.
Reach reporter Jadenne Radoc Cabahug at [email protected]. Twitter: @jadennecabahug
Part II: 'A big question mark'
Concerns mount around at-home sexual assault kits marketed to UW students
As at-home sexual assault kits make their way into individual UW Greek houses, further discussion about their use has risen among the community. According to kit maker Leda Health’s terms and conditions webpage, marketing and selling of these kits have occurred despite the fact that they are not replacements to exams conducted at hospitals by sexual assault nurse examiners (SANE).
Madison Campbell, co-founder of Leda Health, was at the center of controversy in 2019 after receiving backlash from sexual assault advocate groups across the nation over accusations of capitalizing off of traumatic experiences like sexual assault. Leda’s Early Evidence Kit, formerly known as the MeToo Kit, was scrutinized for its name, and was accused of profiting off of the #MeToo movement.
In addition, groups like the National District Attorneys Association, National Alliance to End Sexual Violence, the International Assosciation of Forensic Nurses, and many advocacy groups across various states like New Jersey, Oregon, and Colorado released public letters denouncing the selling and distribution of at-home sexual assault kits. This includes the cease and desist letters from New York and Michigan attorneys general.
The kits made a comeback in 2020 during the beginning of the COVID-19 pandemic when a temporary measure allowing sexual assault victims to collect evidence with a nurse on a Zoom call was put into place in Monterey County, California.
King County deputy prosecuting attorney Emily Petersen is the current vice chair of the special assault unit for the county’s prosecutor’s office. She stated that the validity of these kits in a court case remains a concerning question as it is unprecedented in Washington state. From Petersen’s experience, a DIY sexual assault kit exam has never been used as evidence.
“It remains to be seen whether or not the Washington State Patrol crime lab would even test these kits,” Petersen said.
“We don't make any assurances of where our kits can be used,” Ilana Turko, vice president of strategy at Leda Health, said. “No one should make those types of assurances because no kit is automatically admissible in a court of law. [With] the kits that are conducted by a SANE, nothing is automatically admissible.”
Petersen said there are many problems that lie with using these kits. First, the manner in which evidence is collected would not be the same if it were collected from a registered SANE nurse.
"I can only speak to King County, but SANE exams, and the evidence collected from them, are routinely admitted,” Petersen said. “I am not aware of any case where evidence from a SANE exam was not admitted.”
Petersen added that SANE nurses are trained to preserve the integrity of evidence in order to ensure no cross contamination with other DNA occurs. SANE nurses handle everything in a sterile environment with proper health equipment like gowns and gloves, and store evidence in a specific manner.
“[The kits] create questions, and victims, survivors, somebody who's experienced a sexual assault, should not rely on these home evidence kits and presume that they're going to be admissible in court,” Petersen said.
Madison Campbell, co-founder of Leda Health, was at the center of controversy in 2019 after receiving backlash from sexual assault advocate groups across the nation over accusations of capitalizing off of traumatic experiences like sexual assault. Leda’s Early Evidence Kit, formerly known as the MeToo Kit, was scrutinized for its name, and was accused of profiting off of the #MeToo movement.
In addition, groups like the National District Attorneys Association, National Alliance to End Sexual Violence, the International Assosciation of Forensic Nurses, and many advocacy groups across various states like New Jersey, Oregon, and Colorado released public letters denouncing the selling and distribution of at-home sexual assault kits. This includes the cease and desist letters from New York and Michigan attorneys general.
The kits made a comeback in 2020 during the beginning of the COVID-19 pandemic when a temporary measure allowing sexual assault victims to collect evidence with a nurse on a Zoom call was put into place in Monterey County, California.
King County deputy prosecuting attorney Emily Petersen is the current vice chair of the special assault unit for the county’s prosecutor’s office. She stated that the validity of these kits in a court case remains a concerning question as it is unprecedented in Washington state. From Petersen’s experience, a DIY sexual assault kit exam has never been used as evidence.
“It remains to be seen whether or not the Washington State Patrol crime lab would even test these kits,” Petersen said.
“We don't make any assurances of where our kits can be used,” Ilana Turko, vice president of strategy at Leda Health, said. “No one should make those types of assurances because no kit is automatically admissible in a court of law. [With] the kits that are conducted by a SANE, nothing is automatically admissible.”
Petersen said there are many problems that lie with using these kits. First, the manner in which evidence is collected would not be the same if it were collected from a registered SANE nurse.
"I can only speak to King County, but SANE exams, and the evidence collected from them, are routinely admitted,” Petersen said. “I am not aware of any case where evidence from a SANE exam was not admitted.”
Petersen added that SANE nurses are trained to preserve the integrity of evidence in order to ensure no cross contamination with other DNA occurs. SANE nurses handle everything in a sterile environment with proper health equipment like gowns and gloves, and store evidence in a specific manner.
“[The kits] create questions, and victims, survivors, somebody who's experienced a sexual assault, should not rely on these home evidence kits and presume that they're going to be admissible in court,” Petersen said.
Along with providing evidence that is admissible in court, if anyone who has experienced sexual assault choose to pursue a court case, Petersen said SANE nurses are able to prescribe appropriate medication, provide trauma care, and treat sexually transmitted disease or infections.
“This is not just evidence collection, but medical care,” Petersen said. “We can connect victims, survivors, and those who've experienced sexual assault or sexual trauma to professionals who are equipped to help them both medically and with counseling as needed. That is one of the essential functions of a SANE exam as well.”
Petersen further stressed that in prosecution cases involving college students or young people, additional evidence of date rape drug and alcohol use will be lost if individuals opt to do at-home kits and forgo toxicology exams.
“If you don't go to a hospital, we lose the potential of getting toxicology results as well … where we can find drugs or alcohol level,” Petersen said. “That's actually [when] a lot of times, our prosecutions are successful.”
Petersen said she understands that undergoing a SANE exam can be traumatizing whether or not a person decides to report a sexual assault, but she wants people to know that getting a SANE exam does not mean they need to report to local law enforcement.
“I think it’s really important for people who have experienced a sexual assault … to seek medical attention for [it], and [know] that there are professionals who are trained to collect this evidence,” Petersen said. “We want to ensure that if the decision is made to report to law enforcement, that there's the best, highest-quality investigation and prosecution that there can be. I firmly believe that having a SANE exam and evidence collection by a trained sexual assault nurse examiner is the best evidence that we would be able to present in court.”
The UW Office of Fraternity & Sorority Life said in an email statement that they were made aware of the issue through UW LiveWell and The Daily, and will be sharing information to all sororities.
“The goal of us partnering with Leda was not for people to be able to take this to the court of law,” Kappa Delta president Taytem Raynor said. “The Early Evidence Kits are more for the victim and survivor to be able to advocate for themselves [and] not have to relive their traumatic event by going to the hospital and doing a super invasive kit.”
Raynor said the kit allows for people to use the kit from the comfort of their own home, rather than having to go to the hospital and undergo a SANE exam, which can take several hours, according to the Rape, Abuse & Incest National Network. While the actual price of a kit cannot be accessed publicly Turko said UW Kappa Delta members are charged $15 per quarter.
“I would hate for somebody to have experienced a sexual assault, use the kit, and have that not be admissible in court,” Petersen said. “It's just a big question mark.”
“This is not just evidence collection, but medical care,” Petersen said. “We can connect victims, survivors, and those who've experienced sexual assault or sexual trauma to professionals who are equipped to help them both medically and with counseling as needed. That is one of the essential functions of a SANE exam as well.”
Petersen further stressed that in prosecution cases involving college students or young people, additional evidence of date rape drug and alcohol use will be lost if individuals opt to do at-home kits and forgo toxicology exams.
“If you don't go to a hospital, we lose the potential of getting toxicology results as well … where we can find drugs or alcohol level,” Petersen said. “That's actually [when] a lot of times, our prosecutions are successful.”
Petersen said she understands that undergoing a SANE exam can be traumatizing whether or not a person decides to report a sexual assault, but she wants people to know that getting a SANE exam does not mean they need to report to local law enforcement.
“I think it’s really important for people who have experienced a sexual assault … to seek medical attention for [it], and [know] that there are professionals who are trained to collect this evidence,” Petersen said. “We want to ensure that if the decision is made to report to law enforcement, that there's the best, highest-quality investigation and prosecution that there can be. I firmly believe that having a SANE exam and evidence collection by a trained sexual assault nurse examiner is the best evidence that we would be able to present in court.”
The UW Office of Fraternity & Sorority Life said in an email statement that they were made aware of the issue through UW LiveWell and The Daily, and will be sharing information to all sororities.
“The goal of us partnering with Leda was not for people to be able to take this to the court of law,” Kappa Delta president Taytem Raynor said. “The Early Evidence Kits are more for the victim and survivor to be able to advocate for themselves [and] not have to relive their traumatic event by going to the hospital and doing a super invasive kit.”
Raynor said the kit allows for people to use the kit from the comfort of their own home, rather than having to go to the hospital and undergo a SANE exam, which can take several hours, according to the Rape, Abuse & Incest National Network. While the actual price of a kit cannot be accessed publicly Turko said UW Kappa Delta members are charged $15 per quarter.
“I would hate for somebody to have experienced a sexual assault, use the kit, and have that not be admissible in court,” Petersen said. “It's just a big question mark.”
Part III: ‘I don't quite understand the purpose of these kits’
UW Harborview SANE nurse on controversial at-home sexual assault exam kits sold to UW sorority by Leda Health
In sexual assault exams, specially trained and licensed nurses are the only individuals with the necessary skills and practice to conduct them as efficiently and uninvasively as possible. This comes amid a recent surge of at-home sexual assault exam kits making their way into certain parts of UW Greek life.
Terri Stewart serves as manager of both Harborview Medical Center’s Sexual Assault Nurse Examiner (SANE) program and Washington state’s SANE training programs. Having spent 20 years in the arena of SANE nursing, Stewart knows the specialized area of nursing very well.
“In my 20 years of practicing as a SANE, I've never ever had a kit that I collected not be admissible,” Stewart said. “With at-home kits, that's however not likely to ever be admissible in court.”
In a sexual assault exam, nurses meet with the patient, with a community advocate or a social worker present. At Harborview Medical Center and in King County, Stewart said social workers talk to patients briefly about what they might want out of the exam.
“We explain all the things that we can do for them, and then we let them decide what would be most helpful for them in the moment,” Stewart said.
One of the arguments against SANE exams is that they can be potentially re-traumatizing for people who were sexually assaulted.
“I've seen it said many times that these exams are re-traumatizing and that they're really invasive and really difficult, and that's actually not true,” Stewart said. “What we do in the exam is really patient centered. We take into consideration the fact that patients have been traumatized by what happened to them and also come to us with other types of trauma.”
Stewart said in a SANE exam, nurses try to find the most helpful solution for patients — even if it goes against what law enforcement or prosecutors would find helpful in a case.
“We never do anything to the patient that they don't want to have happen, and we really try to avoid doing anything that would replicate the sort of nature of the abuse that happened to them,” Stewart said.
Stewart said that the idea that a SANE exam can be traumatizing comes from someone who did not receive an exam from a skilled provider. Previously, sexually assaulted patients were not receiving proper care, but SANE nurses are specially trained to ensure that the exam is provided the right way.
“When we collect the forensic evidence, we collect it in a very prescribed way to ensure that we're not causing any cross contamination of the evidence,” Stewart said.
Similar to what King County deputy prosecuting attorney Emily Petersen said, evidence is collected in a specific way to ensure it can be admissible in court if a survivor wishes to push forward with a case.
Terri Stewart serves as manager of both Harborview Medical Center’s Sexual Assault Nurse Examiner (SANE) program and Washington state’s SANE training programs. Having spent 20 years in the arena of SANE nursing, Stewart knows the specialized area of nursing very well.
“In my 20 years of practicing as a SANE, I've never ever had a kit that I collected not be admissible,” Stewart said. “With at-home kits, that's however not likely to ever be admissible in court.”
In a sexual assault exam, nurses meet with the patient, with a community advocate or a social worker present. At Harborview Medical Center and in King County, Stewart said social workers talk to patients briefly about what they might want out of the exam.
“We explain all the things that we can do for them, and then we let them decide what would be most helpful for them in the moment,” Stewart said.
One of the arguments against SANE exams is that they can be potentially re-traumatizing for people who were sexually assaulted.
“I've seen it said many times that these exams are re-traumatizing and that they're really invasive and really difficult, and that's actually not true,” Stewart said. “What we do in the exam is really patient centered. We take into consideration the fact that patients have been traumatized by what happened to them and also come to us with other types of trauma.”
Stewart said in a SANE exam, nurses try to find the most helpful solution for patients — even if it goes against what law enforcement or prosecutors would find helpful in a case.
“We never do anything to the patient that they don't want to have happen, and we really try to avoid doing anything that would replicate the sort of nature of the abuse that happened to them,” Stewart said.
Stewart said that the idea that a SANE exam can be traumatizing comes from someone who did not receive an exam from a skilled provider. Previously, sexually assaulted patients were not receiving proper care, but SANE nurses are specially trained to ensure that the exam is provided the right way.
“When we collect the forensic evidence, we collect it in a very prescribed way to ensure that we're not causing any cross contamination of the evidence,” Stewart said.
Similar to what King County deputy prosecuting attorney Emily Petersen said, evidence is collected in a specific way to ensure it can be admissible in court if a survivor wishes to push forward with a case.
Part IV: ASUW files complaint with Washington state Attorney General prompting cease and desist letter for Leda Health company
Following The Daily’s investigation, ASUW has passed Board Bill 5.02 and filed a complaint with the Washington state Attorney General Office against at home sexual assault kit company Leda Health. The cease and desist letter was sent to the company Oct. 31.
Leda Health has a partnership with UW sorority Kappa Delta and the company has received several cease and desist letters from New York, Michigan, and now, Washington state.
Alex Davidson, ASUW director of legislative affairs, worked closely with UW Sexual Assault and Relationship Violence Activists (SARVA) co-director BB Denton on the bill. The bill was also sent to UW National Panhellenic Association.
According to Davidson, the major components of the bill include pushing for the state Attorney General’s cease and desist letter, as well as expanding sexual assault nurse examiner (SANE) resources, funding, and other reproductive and sexual health care resources.
Avery Perreault, ASUW director of communications, said the legislation allowed ASUW to take action after the investigation on Leda Health.
“The partnership on campus [with UW sorority Kappa Delta] is really harmful to people who might be led by that misinformation, [by] thinking that the kits are either HIPAA compliant or anything like that,” Perreault said.
Davidson said that the legislation does not sever any partnerships or prohibit businesses from approaching individual RSOs on campus.
“If a partnership that was problematic, or that ASUW student opinion found to be problematic, then it would go through a similar process,” Davidson said. “Hopefully, we could kind of nip it in the bud before it gets to this point, because we certainly, at least, I personally, am not a fan of going through this route.”
Perreault said in her four years working at ASUW, this situation has been unprecedented. This is also the closest that she has seen the Office of Government Relations work with SARVA, and is excited to see them continue to work together on more opportunities to extend and protect reproductive care outside of the Leda Health controversy.
ASUW has also partnered with the Student Disability Commission, SARVA, Gender Equity Commission, UW Greek Life, UW Office of Government Relations, UW Pharmacy, and Huskies 4 Reproductive Freedom for a reproductive care vending machine in Odegaard’s basement near the By George cafe.
Leda Health has a partnership with UW sorority Kappa Delta and the company has received several cease and desist letters from New York, Michigan, and now, Washington state.
Alex Davidson, ASUW director of legislative affairs, worked closely with UW Sexual Assault and Relationship Violence Activists (SARVA) co-director BB Denton on the bill. The bill was also sent to UW National Panhellenic Association.
According to Davidson, the major components of the bill include pushing for the state Attorney General’s cease and desist letter, as well as expanding sexual assault nurse examiner (SANE) resources, funding, and other reproductive and sexual health care resources.
Avery Perreault, ASUW director of communications, said the legislation allowed ASUW to take action after the investigation on Leda Health.
“The partnership on campus [with UW sorority Kappa Delta] is really harmful to people who might be led by that misinformation, [by] thinking that the kits are either HIPAA compliant or anything like that,” Perreault said.
Davidson said that the legislation does not sever any partnerships or prohibit businesses from approaching individual RSOs on campus.
“If a partnership that was problematic, or that ASUW student opinion found to be problematic, then it would go through a similar process,” Davidson said. “Hopefully, we could kind of nip it in the bud before it gets to this point, because we certainly, at least, I personally, am not a fan of going through this route.”
Perreault said in her four years working at ASUW, this situation has been unprecedented. This is also the closest that she has seen the Office of Government Relations work with SARVA, and is excited to see them continue to work together on more opportunities to extend and protect reproductive care outside of the Leda Health controversy.
ASUW has also partnered with the Student Disability Commission, SARVA, Gender Equity Commission, UW Greek Life, UW Office of Government Relations, UW Pharmacy, and Huskies 4 Reproductive Freedom for a reproductive care vending machine in Odegaard’s basement near the By George cafe.
Continued coverage at The Seattle Times:
WA Legislature considers ban on at-home sexual assault evidence kits
OLYMPIA — At-home sexual assault kits let people collect potential DNA evidence themselves instead of seeking an exam in a medical setting. But the results of a self-administered sexual assault examination have rarely, if ever, been used in a U.S. court case.
Washington lawmakers are considering House Bill 1564, a bipartisan bill that would prohibit the sale of over-the-counter sexual assault kits out of concern they offer false hope and can thwart investigations and prosecutions.
In Washington and around the country, sexual assault advocates, victims, nurses, prosecuting attorneys and police have raised concerns about evidence gathered with such kits not being admissible in court.
“I just don’t think people should profit on trauma,” said state Rep. Gina Mosbrucker, R-Goldendale, one of the bill sponsors. “I think that their heart was probably in the right place in the beginning … but at the end of the day, it’s my job as a legislator to protect people in the state.”
New York-based Leda Health, the only company known to offer at-home kits in Washington, defended its product in a hearing on the bill last week.
Attorney General Bob Ferguson last year issued a cease-and-desist letter requiring Leda Health to stop distributing its kits, following an investigation by The Daily of the University of Washington into a partnership between Leda Health and UW sorority Kappa Delta, through which kits were made available to sorority members.
The sorority chapter declined to comment on the partnership. University spokesperson Victor Balta said the school was not involved in connecting the company with the sorority.
Washington lawmakers are considering House Bill 1564, a bipartisan bill that would prohibit the sale of over-the-counter sexual assault kits out of concern they offer false hope and can thwart investigations and prosecutions.
In Washington and around the country, sexual assault advocates, victims, nurses, prosecuting attorneys and police have raised concerns about evidence gathered with such kits not being admissible in court.
“I just don’t think people should profit on trauma,” said state Rep. Gina Mosbrucker, R-Goldendale, one of the bill sponsors. “I think that their heart was probably in the right place in the beginning … but at the end of the day, it’s my job as a legislator to protect people in the state.”
New York-based Leda Health, the only company known to offer at-home kits in Washington, defended its product in a hearing on the bill last week.
Attorney General Bob Ferguson last year issued a cease-and-desist letter requiring Leda Health to stop distributing its kits, following an investigation by The Daily of the University of Washington into a partnership between Leda Health and UW sorority Kappa Delta, through which kits were made available to sorority members.
The sorority chapter declined to comment on the partnership. University spokesperson Victor Balta said the school was not involved in connecting the company with the sorority.
In the letter, Ferguson’s office said the kits violate the state Consumer Protection Act, which bans unfair or deceptive practices. The letter quotes Leda Health’s website, which at the time said “[we] believe though that courts should admit our kit results, especially if all our protocols are followed.” As of Monday, the terms and conditions on the company site said its products and information are not substitutes for professional medical or legal advice, and the company “cannot guarantee” evidence collected will be admitted in court.
The letter also said the office is investigating the company’s marketing, sales and distribution.
King County Senior Deputy Prosecuting Attorney Emily Petersen said her main concern is the kits are being advertised as a way to collect evidence.
“The last thing we want is for a victim or survivor to decide to report a rape or a sexual assault, and only to find out that the evidence that they collected, stored and that they relied on to be admissible is not in fact, admissible,” Petersen said.
Petersen said self-administered sexual assault exams create more questions in court, including how the evidence was collected, who else had access to it and what happened to the evidence after.
Information from at-home kits cannot be uploaded to CODIS, the federal DNA database that tracks DNA samples of those convicted of felonies, including sexual assault and rape.
In a public hearing for the bill last week, Leda Health Chief Strategy Officer Ilana Turko stressed the company does not sell directly to individuals. She said it sells to institutions like governments, universities or sororities. Kit prices are not publicly available.
Along with the kits, the company has a mobile app with video and live chat support, a 24/7 support care team as well as emergency contraception and testing for sexually transmitted infections.
Turko said one purpose of the kits is to “preserve and memorialize somebody’s experience.” She said she is a survivor herself, and spent years blaming herself for what happened.
New York issued a cease-and-desist letter in 2019 to two companies selling at-home kits, Preserve Group and #MeToo Kits Company, which would later become Leda Health. The letter said the companies were misleading consumers by saying evidence collected with these kits could be used in court. States including Michigan, Oklahoma, Delaware, Hawaii, New Mexico, North Carolina and Virginia, as well as Washington, D.C., have issued warnings against buying any at-home sexual assault kits.
Legislation similar to Washington’s bill to ban these kits stalled last year in Utah.
In an interview, Leda co-founder and Chief Technology Officer Liesel Vaidya said the kits provide an option for people in rural areas and those who do not want to go to a hospital for an exam.
Laura Lurry, director of advocacy services at the King County Sexual Assault Resource Center, said victims may avoid seeking care after an assault because they are processing trauma, they may not want to be touched or they fear setting off a police investigation.
But Lurry stressed that exams in a medical setting after a sexual assault can provide more than just evidence collection, and include physical and psychological trauma treatment.
“No one has to do this by themselves. No one has to have a sexual assault exam done by themselves, because there are experts, specialists, sexual assault nurse examiners that are available to help someone through this process,” she said.
Sexual assault nurse examiners can also prescribe medication and offer follow-up care for free in Washington. Exams are paid for by the state Department of Labor & Industries.
The nurse examiners across Washington are trained in evidence gathering, trauma responses and testifying in court. The Legislature unanimously passed a bill last year to bring more SANEs to rural and underserved communities.
Unless the person seeking an exam files a police report, getting a SANE exam does not trigger an investigation.
Leah Griffin serves on the state’s Sexual Assault Forensic Examination Best Practices Advisory Group that has been supporting legislation surrounding sexual assault examinations since 2015.
Griffin said she began this work after she was raped and then turned away from a hospital that did not provide sexual assault exams.
“What I didn’t do is seek out $10 million of venture capital to develop a product to sell to survivors that at its core deceives them into thinking that this is a viable path towards accountability,” Griffin said.
James McMahan, policy director with the Washington Association of Sheriffs & Police Chiefs, said in a hearing that there is no good reason to make sexual assault survivors pay and unknowingly thwart justice.
“It is not their responsibility to preserve the rights of crime victims in our state. It’s ours, it’s yours. This is an opportunity, an obligation quite frankly, for you all to retain that and live up to that responsibility to protect the rights of crime victims in our state by passing this bill,” McMahan said.
A House committee is set to vote Tuesday at the earliest. Mosbrucker hopes that similar legislation will be taken to the congressional level.
Jadenne Radoc Cabahug: 206-464-8275 or [email protected]; on Twitter: @jadennecabahug. Jadenne Radoc Cabahug is a staff reporter for The Seattle Times.
The letter also said the office is investigating the company’s marketing, sales and distribution.
King County Senior Deputy Prosecuting Attorney Emily Petersen said her main concern is the kits are being advertised as a way to collect evidence.
“The last thing we want is for a victim or survivor to decide to report a rape or a sexual assault, and only to find out that the evidence that they collected, stored and that they relied on to be admissible is not in fact, admissible,” Petersen said.
Petersen said self-administered sexual assault exams create more questions in court, including how the evidence was collected, who else had access to it and what happened to the evidence after.
Information from at-home kits cannot be uploaded to CODIS, the federal DNA database that tracks DNA samples of those convicted of felonies, including sexual assault and rape.
In a public hearing for the bill last week, Leda Health Chief Strategy Officer Ilana Turko stressed the company does not sell directly to individuals. She said it sells to institutions like governments, universities or sororities. Kit prices are not publicly available.
Along with the kits, the company has a mobile app with video and live chat support, a 24/7 support care team as well as emergency contraception and testing for sexually transmitted infections.
Turko said one purpose of the kits is to “preserve and memorialize somebody’s experience.” She said she is a survivor herself, and spent years blaming herself for what happened.
New York issued a cease-and-desist letter in 2019 to two companies selling at-home kits, Preserve Group and #MeToo Kits Company, which would later become Leda Health. The letter said the companies were misleading consumers by saying evidence collected with these kits could be used in court. States including Michigan, Oklahoma, Delaware, Hawaii, New Mexico, North Carolina and Virginia, as well as Washington, D.C., have issued warnings against buying any at-home sexual assault kits.
Legislation similar to Washington’s bill to ban these kits stalled last year in Utah.
In an interview, Leda co-founder and Chief Technology Officer Liesel Vaidya said the kits provide an option for people in rural areas and those who do not want to go to a hospital for an exam.
Laura Lurry, director of advocacy services at the King County Sexual Assault Resource Center, said victims may avoid seeking care after an assault because they are processing trauma, they may not want to be touched or they fear setting off a police investigation.
But Lurry stressed that exams in a medical setting after a sexual assault can provide more than just evidence collection, and include physical and psychological trauma treatment.
“No one has to do this by themselves. No one has to have a sexual assault exam done by themselves, because there are experts, specialists, sexual assault nurse examiners that are available to help someone through this process,” she said.
Sexual assault nurse examiners can also prescribe medication and offer follow-up care for free in Washington. Exams are paid for by the state Department of Labor & Industries.
The nurse examiners across Washington are trained in evidence gathering, trauma responses and testifying in court. The Legislature unanimously passed a bill last year to bring more SANEs to rural and underserved communities.
Unless the person seeking an exam files a police report, getting a SANE exam does not trigger an investigation.
Leah Griffin serves on the state’s Sexual Assault Forensic Examination Best Practices Advisory Group that has been supporting legislation surrounding sexual assault examinations since 2015.
Griffin said she began this work after she was raped and then turned away from a hospital that did not provide sexual assault exams.
“What I didn’t do is seek out $10 million of venture capital to develop a product to sell to survivors that at its core deceives them into thinking that this is a viable path towards accountability,” Griffin said.
James McMahan, policy director with the Washington Association of Sheriffs & Police Chiefs, said in a hearing that there is no good reason to make sexual assault survivors pay and unknowingly thwart justice.
“It is not their responsibility to preserve the rights of crime victims in our state. It’s ours, it’s yours. This is an opportunity, an obligation quite frankly, for you all to retain that and live up to that responsibility to protect the rights of crime victims in our state by passing this bill,” McMahan said.
A House committee is set to vote Tuesday at the earliest. Mosbrucker hopes that similar legislation will be taken to the congressional level.
Jadenne Radoc Cabahug: 206-464-8275 or [email protected]; on Twitter: @jadennecabahug. Jadenne Radoc Cabahug is a staff reporter for The Seattle Times.