ASA rules against self-swab "rape kits"

Over the past year, we have been raising concerns about the promotion and marketing of so-called ‘self-swab rape kits’. Today, the Advertising Standards Authority (ASA) has issued a ruling against a company marketing these kits, following a complaint made to them. You can read the full ruling here.

In summary, the ASA ruled:

1. Claims made by the company about the admissibility of DNA evidence obtained via ‘self-swab kits’ in court has not been substantiated and are misleading. In asserting that this DNA evidence is admissible in court, the company breached three rules in the Committee of Advertising Practice (CAP Code) relating to misleading advertising, substantiation and exaggeration.
2. Claims made by the company about the number of rapes perpetrated in the UK in the last year have not been substantiated and are therefore misleading, breaching two rules in the CAP Code.
3. The company’s claim that “a woman is twice as likely to be raped as diagnosed with cancer” has not been substantiated and is misleading, breaching two rules in the CAP Code.

The ASA has informed the company that:

• The ads must not appear again in their current forms.
• They must not state or imply that evidence gathered using their self-testing kit is admissible in court unless they have adequate substantiation for such claims.
• They must not make claims regarding the incidence of rapes or the number of women raped unless they have adequate substantiation for those claims.
  

This comes after shadow Safeguarding Minister, Alicia Kearns, raised concerns  in Parliament on Monday about the same company sending legal threats to women who have previously flagged concerns about the self-swab rape kits they are marketing. See further: ASA rules rape kit firm Enough misled public with exaggerated claims | The Independent and Enough: Woman who raised concerns over self-swab rape kit firm threatened with legal action.

We know that many survivors and stakeholders will have seen the adverts made by this company, and some may well be in possession of a ‘self-swab kit’ themselves. You may well be feeling confused about what you’ve read, and what to do next. 

• If you’re a survivor of sexual violence and would like to speak to someone about your experiences or options, our free and confidential Rape and Sexual Abuse Support Line is open 24/7 for anyone aged 16+. 
• Find your local Rape Crisis centre here. The 24/7 Support Line and Rape Crisis Centres are open to you no matter when or where it happened. 
• If you have endured sexual violence recently, a Sexual Assault Referral Centre (SARC) can offer a forensic medical examination and obtain any DNA evidence that may be helpful to support a criminal prosecution. Find your nearest SARC here.
• To find out more about the concerns raised around self-swab kits, see here.
• For accurate information about the prevalence of sexual violence, see here.