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Committee to revise letter on sexual-assault-kit opt-out after advocates flag implementation limits
Summary
The judiciary committee reviewed a draft letter to Appropriations urging that an opt-out for victims be removed from an AFA amendment; victim advocates warned the statute could create a "false promise" if courts or labs could not honor revocations, and staff was asked to rework the letter's language to stress practical implementation concerns and trauma-informed rationale.
The committee reviewed draft guidance intended for the Appropriations Committee about LD 549 and an AFA amendment concerning mandatory testing of sexual-assault kits. Legislative staff presented language urging the appropriations panel to retain a victim-centered and trauma-informed approach and raised practical concerns about allowing an opt-out or a later revocation of consent for testing once certain procedural steps have occurred (for example, once the kit is in the laboratory or a court order compels testing).
Advocates from the Maine Coalition Against Sexual Assault said the ability to promise a victim that she or he could revoke consent later may be illusory because lab handling and court orders can limit or prevent reversal of testing once certain thresholds are crossed. Carly Fisher said that while more options for victims are desirable, statutory language should not imply an outcome that may not be enforceable in practice. Committee members asked staff to remove or rewrite the sentence that suggested the change would block defendants from exerting pressure, replacing it with concrete implementation examples and limiting language describing policy goals.
Committee members asked staff to draft revised language and run it by victim advocates before finalizing. The committee did not take a formal vote on the letter in the hearing; staff will return with an amended draft for review.
