JEFFERSON CITY, Mo. – Gov. Mike Parson's rape kit law that sought to extend protections for rape victims has come under fire from Missouri State Public Defenders (MSPD) and their clients over questions of constitutionality, a Missouri Times report stated.
Known officially as SB 569, the rape kit law sought to streamline the rape kit testing process, create a public telehealth network for medical professionals to conduct exams and devise a “Sexual Assault Survivors’ Bill of Rights."
Specific clauses within the bill-of-rights portion of the wider law have been the source of consternation — in particular, a clause that instructs "a law enforcement officer, prosecuting attorney, or defense attorney" to inform the victim of his or her rights pertaining to the statute. The rights include the ability to consult with rape crisis centers as well as having a "support person" available during legal interviews and proceedings.
Another source of conflict has been recent amendments to the bill, which MSPD deems to be outside of the purview of the State Constitution.
“Testing rape kits or doing telehealth for victims, we’ve got no problem with any of that, no policy dispute with any of that,” MSPD attorney Jeffrey Esparza was quoted in the Times report. “But the law was passed unconstitutionally. … Our foremost concern in all of this … is that forcing us to be the government’s messenger against our will is unconstitutional.”
Paul Brown of the Missouri Attorney General's Office has countered the assertion, claiming that although aspects of the bill were amended, the original intent and purpose of the legislation remains the same.
"Anything else that might be added to that legislation as it went through the General Assembly, as long as it was germane to its original purpose, was considered to be part of a single-subject," he said.
Whether or not the law will be overturned remains to be seen.
"MSPD filed a declaratory judgment action not on the rape kit law, but on the requirement of defense attorneys being required to make statements to persons defined as survivors," Mary Fox, an attorney with MSPD, told the St. Louis Record. "This litigation is pending so I am unable to comment at this time."
The lawsuit is currently being heard by Judge Patricia Joyce in Cole County Circuit Court and is ultimately expected to be moved to the state's Supreme Court.