ASA rules against self-swab ‘rape kits’
The Victims’ Commissioner has consistently raised concerns with Government and partners about the risks posed by unregulated self‑swabbing kits and has pressed for action to ensure victims receive clear, accurate information and access to safe, regulated support.
The Victims’ Commissioner has responded to the Advertising Standards Authority (ASA) ruling which banned adverts for self‑swabbing DNA kits marketed to victims and survivors of rape and sexual assault.
The ASA found that claims made about the admissibility of evidence gathered using self‑swabbing kits, as well as statements about the prevalence of rape, were misleading and could not be substantiated. The ASA ruled that the ads must not appear again in their current forms.
The Victims’ Commissioner for England and Wales, Claire Waxman OBE said: “This ruling reinforces longstanding concerns raised by policing, forensic experts and specialist services about the risks of unregulated self‑swabbing kits being marketed to victims and survivors.
“Victims deserve clear, accurate information at an incredibly vulnerable time. Any suggestion that these kits can reliably secure justice risks giving false hope and may ultimately undermine investigations, safeguarding and wellbeing.
“Any product marketed to victims must meet the highest evidential and safeguarding standards. Sexual Assault Referral Centres (SARCs) remain the safest and most effective option for victims and survivors, providing medical care, specialist support and the best chance of preserving forensic evidence where someone chooses to report.”
The Victims’ Commissioner has consistently raised concerns with Government and partners about the risks posed by unregulated self‑swabbing kits and has pressed for action to ensure victims receive clear, accurate information and access to safe, regulated support.
The National Police Chiefs’ Council (NPCC), National Centre for Violence against Women and Girls and Public Protection (NCVPP) previously warned against their use in a joint statement at the end of March. This was welcomed by the Victims’ Commissioner, Rape Crisis and others.
In September 2024, the Faculty of Forensic and Legal Medicine (FFLM), alongside clinicians and forensic experts, published a joint position statement advising against the use of forensic self‑swabbing or self‑sampling kits after sexual assault or rape when used outside regulated environments. The statement warned of risks to safeguarding, forensic integrity, evidential continuity and the potential to give survivors false expectations about how evidence may be used.
A subsequent positional statement by the Association of Forensic Science Providers’ Body Fluid Forum endorsed the FFLM position and set out additional forensic science concerns.
Sexual Assault Referral Centres (SARCs) provide free, specialist support to victims and survivors of rape and sexual assault, including medical care, safeguarding, emotional support and the option to preserve forensic evidence, whether or not someone chooses to report to the police.
In her March 2026 statement, the Victims’ Commissioner emphasised that the existence of a market for self‑swabbing kits highlighted deeper failings in the criminal justice system, and the urgent need to rebuild trust so that victims feel confident accessing statutory services.