Washington judge upholds ban on at-home sexual assault kits
PORTLAND, Ore. (KOIN) – A federal judge in Washington upheld a state law on Monday that bars the sale of at-home sexual assault kits, Washington Attorney General Bob Ferguson announced.
U.S. District Court Judge David G. Estudillo dismissed a lawsuit against the state from Pennsylvania-based company Leda Health, which makes at-home Early Evidence Kits for sexual assault survivors.
The company argued that the state's ban violated First Amendment and due process rights, but the Attorney General's Office said Leda Health was profiting off of the kits, which are "rarely, if ever, admissible in court."
Leda Health challenged Washington's House Bill 1564, which was signed into law in 2023, and banned the sale and distribution of self-administered sexual assault kits.
The bill was signed into law after lawmakers determined at-home kits “create false expectations and harm the potential for successful investigations and prosecutions,” noting they may prevent survivors from receiving accurate information about their options and reporting procedures, and from obtaining timely medical treatment or other resources.
Attorney General Ferguson said the judge's ruling "is a legal victory for sexual assault survivors," adding, “By an overwhelming bipartisan vote, the Legislature adopted this state law that prevents companies from exploiting sexual assault survivors. Survivors should know that they are not alone — critical services to help them seek justice are available from trained medical professionals, at no cost.”
The Attorney General's Office argued Leda Health wrongly claimed their kits were a viable alternative to kits done in a hospital setting.
Officials noted self-administered kits have several differences from exams conducted by a Sexual Assault Nurse Examiner who offer comprehensive care to survivors. This includes STI prevention treatment, follow up care, collecting evidence in a way that avoids cross-contamination, storing evidence and maintaining a chain of custody for evidence.
Evidence from these kits is accepted by the Washington State Crime Lab and admitted as evidence in Washington courts whereas self-administered test face several barriers to be admitted as evidence and cannot be submitted to the state’s crime lab.
KOIN 6 News reached out to Leda Health. This story will be updated if we receive a response.
Washington offers several sexual and reproductive health resources. RAINN also offers a confidential, 24/7 national sexual assault hotline.