Judge Upholds WA Ban on Sale of “Home” DIY Rape Kits

A US District Court Chief Judge in WA has ruled the ban on 'home' or DIY rape evidence gathering kits in WA state will stand.

  The judge ruled in favor of WA law

Earlier in 2023,  the legislature passed HB (House Bill) 1564, which banned the sale of what are referred to as DIY (Do It Yourself) Home Rape kits, it passed with overwhelming support from Republicans and Democrats.

These are basically the same kits utilized in hospitals and by licensed professionals when a person reports a sexual assault.

A short time later, a Pennsylvania company, Leda Health, sued, saying the ban violated (among other things)  1st Amendment rights. Opponents of the kits say rape evidence-gathering kits are meant to be utilized by trained personnel, and the opportunity to alter a home kit is far too great.

The WA State Attorney General's Office also argued that these home kits are almost never allowed to be introduced as evidence in court cases, because of the lack of oversight and control to make sure they're legitimate and not mishandled--damaging the evidence.

Leda sells these "early evidence" kits in other states, according to reports.Monday, U.S. District Court Chief Judge David G. Estudillo granted The AG's Office request that the lawsuit be dismissed, and the law remain in place. 

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The AD's office also argued the kits made by Leda and other companies falsely claim they are a viable alternative to those administered in a hospital or other licensed medical setting.

Opponents of the product also argued what's to prevent a person from 'rigging' one of these kits to falsely accuse someone, or for other illegal purposes.