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Mississippi revises laws regarding...

Mississippi revises laws regarding sexual assault, handling of rape kits

By: Sarah Ulmer - April 19, 2023

Lawmakers updated old language classifying sexual assault and tightened time restraints on the processing of rape kits.

Governor Tate Reeves signed two bills into law recently that will positively impact how sexual assault cases are handled in the state of Mississippi.

Mississippi has been operating under a definition of rape and sexual battery that has not been updated in this century. State statute defined rape as “assault with the intent to forcibly ravish a female of previously chaste character.”

HB 995 updated that language and removed any spousal defense for someone who commits rape within a marriage. The bill was authored by State Rep. Dana McLean (R).

HB 485, authored by State Rep. Angela Cockerham (I), aims to address the increasing backlog of untested “rape kits.” The bill requires kits to be processed within a timely manner. It also provides additional rights to survivors in knowing the status of their rape kit.

In addition, the Mississippi Forensic Laboratory must receive kits within seven days of being obtained by a law enforcement agency.

Local groups such as the Center for Violence Prevention (CVP), run by Director Sandy Middleton, shared early support for these bills.

“The Center for violence prevention is pleased with both of these landmark pieces of legislation,” said Middleton. “The bills work together to protect victims and make it easier to prosecute offenders with the use of forensics. We’re grateful to our bill. Sponsors, Representative Angela Cockerham, and Representative Dana McLean, who worked tirelessly on this effort. It is our hope that every victim of sexual assault will know that there is hope, and our state has made this effort on their behalf.”

Others, like Joyful Heart Foundation, shared interest in seeing Mississippi’s laws in support of survivors strengthened. Joyful Heart Foundation is a non-profit organization founded by Law & Order actress Mariska Hargitay. It’s goal is to transform society’s response to survivors of sexual assault, domestic violence, and child abuse. The group also aims to support those survivors with resources in their journey forward.

“These new laws demonstrate a commitment from the Mississippi legislature to supporting survivors in their state,” said Ilse Knecht, Director of Policy and Advocacy at the Joyful Heart Foundation. “No survivor should have to wait for their kit to be tested for months and in some cases years, all while having no knowledge of where their kit is in the testing process.

Knecht added that when they heard about the state’s antiquated language around sexual assault, they worked with those local partners like CVP and RAINN to lobby for revisions to statute.

About the Author(s)
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Sarah Ulmer

Sarah is a Mississippi native, born and raised in Madison. She is a graduate of Mississippi State University, where she studied Communications, with an emphasis in Broadcasting and Journalism. Sarah’s experience spans multiple mediums, including extensive videography with both at home and overseas, broadcasting daily news, and hosting a live radio show. In 2017, Sarah became a member of the Capitol Press Corp in Mississippi and has faithfully covered the decisions being made by leaders on some of the most important issues facing our state. Email Sarah: sarah@magnoliatribune.com