Two companies that make do-it-yourself sexual assault test kits have been told to stop selling their products in Oklahoma.
Attorney General Mike Hunter sent cease-and-desist letters to PRESERVEkit and MeToo Kit, telling them they’re making misleading statements marketing the kits and violating consumer protection laws.
Hunter has given the companies 10 days to stop selling the kits in the state.
Oklahoma State Bureau of Investigation Lab Director Andrea Fielding said the kits are inadequate compared to trained nurses with special lighting and equipment to collect evidence invisible to the naked eye.
"So, a victim doing one of these kits at home would potentially miss that evidence. They also have specialized equipment that can be used to locate and document internal injuries that victims may have as a result of sexual assaults," Fielding said.
Hunter said if victims of sexual assault collect their own evidence, investigations can easily be derailed.
"You’ve got to respect the chain of custody in the investigation of a sexual assault. And when you get it wrong on the front end, there’s just no way to fix it. So, we see … no value in these products whatsoever," Hunter said.
Rape survivor and victim advocate Danielle Tudor said the kits can’t take the place of a police officer responding to a call for help or a nurse guiding someone through the process of collecting evidence.
"And lastly, it could never take the place of Lori, the advocate who met me at the hospital. She pledged her support as I navigated unknown territory. I had no idea the sorrow I would experience in the days ahead, but she did," Tudor said.
An audit found a statewide backlog of more than 7,000 untested rape kits. Hunter said a state sexual assault task force’s work the past two years to improve rape kit collection and testing should help restore trust in Oklahoma law enforcement’s investigations.
The state has adopted a standardized kit, developed an electronic tracking system and implemented additional training for law enforcement agencies. Individual agencies have taken their own steps to deal with backlogs.
