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‘There are others that don’t know’: Gail’s Law changes how survivors access rape kits

TALLAHASSEE, Fla. — Survivors of sexual assault now have a new tool to help track their cases.

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Channel 9 was the first to tell you about Gail Gardner, who was raped in 1988.

Her case remained unsolved for more than 30 years.

Read: Gail’s Law could provide closure for rape victims years later

When that backlog was cleared up, she learned a suspect in the case was already serving a life sentence for sex crimes.

Gail Gardner was just 42 when she was raped. Back in 2021, she told Channel 9 that a man broke into her home and for over 30 years, her rape kit was part of thousands that were sitting on a shelf in a statewide backlog.

That meant she lived in fear that one day he might come back.

Read: How a rape survivor helped pave the way to track rape kits more efficiently in Florida

But her accused attacker was behind bars for other crimes, but she nor the detectives knew until years later.

Gardner vowed to do something about it so that did not happen to anyone else.

“My story is not unique,” she said. “There are others that don’t know.”

On the steps of the Florida State Capitol on Wednesday, a law named after Gardner is making changes for rapists.

Read: Armed security guard accused of sexual battery of teen at Central Florida movie theater, police say

“We are looking forward to placing power back into the hands of survivors,” said Senator Linda Stewart.

Thanks to the passing of Gail’s Law, survivors will now have access to their rape kits and can track them from beginning to end.

“Traditionally, the survivors had to wait extremely long for basic information of their kits, but no more,” said Florida Department of Law Enforcement Commissioner Mark Glass.

Sexual assault survivors will have a barcode on their kits and they can track it through the entire process, including when and if there is a DNA match for their attacker.

41 counties have the tracking system in place and it will be statewide by the end of the summer.

The law also requires law enforcement to submit kits to labs within 30 days and mandates a turnaround time of 20 days.

“I am a firm believer for those who need their say right now, their justice,” Gardner said. “I got mine.”

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Shannon Butler

Shannon Butler, WFTV.com

Shannon joined the Eyewitness News team in 2013.