OK I just heard of this... Rape Kits...

[J.B.]

I was watching Oprah last night (yeah yeah yeah get over it) any way she mentioned that when a person is raped & taken to the emergancy room all of the evidence that has been collected goes in to a rape kit & is to be stored & entered in to thier data base.
Now what they were saying is that a lot of Police Precints (sp?I know I can't spell) have so many of these they just shelve them & wait untill there's enough $$ in thier budget to get to them.
When I heard about this last night I was so digusted I decided I had to get involved in this so I'm looking for any avenues that there might be in getting this out to people. Sugestions? Advice?

 

[CelestialBody]

 

[bored1]

Rape kits cost a somewhere between $500-1000. The burden of that cost is shifted to the victim.

I didnt know that.....Seems a little unfair to shift that burden to the victim...The state should allocate funds to cover this expense.......

 

[Southern37]

Rape kits cost a somewhere between $500-1000. The burden of that cost is shifted to the victim.

I find it hard to believe a rape victim is charged for investigating a crime. In what way is this burdon shifted? If the rape turns out to be a false report, I could see where someone could be charged but under no other circumstance.

 

[Kitte]

This is just another exaple of rape being treated as a 'frivilous' crime. Many police departments are underpaid and understaffed and the funding to complete these kits is not available. That is just not acceptable. We as a nation have to take the initiative to FORCE our legislature to address this issue. You must contact your town, county, state, and federal officials and DEMAND that this injustice to all woman be righted immediately. You can contact your Local senators and representatives by going to this page and locating them.
http://www.senate.gov/contacting/index_by_state.cfm
PLEASE call, write, email. This government is supposed to be BY THE PEOPLE FOR THE PEOPLE. We are OBLIGATED to let them know this will not be tolerated!.

 

[lovetoread]

The victim does not pay for them at all. When you are raped,the town in which you were raped pays for it.

 

[CelestialBody]

 

[BrownEyes26]

Rape Kits

I am from Canada, and am not sure if it is the same here, but I think that the police dept. (gov) pays for the kits here. I went to the emergercy room with a friend recently, after a rape. It was horrible. I would never wish that on my worst enemy. Rape is bad enough, the rape kit is worse...and to have to pay for it...unconscionable....

 

[sigh]

From what I understand-from cases where I live, if a report is not filed and a rape kit is used, it is billed to the victim.

i'm confused CB...if a rape kit is used then certainly a report is filed...the emergency personnel are required to report it

and in my state the whole expense of the ER visit is covered by a special state fund, down to the antibiotics prescribed for use at home

as a member of our ethics committee i'm involved in reviewing my hospital's rape protocols/policies each year...yes, the use of the rape kit is brutal and invasive...makes me shudder to think of it

on the positive side, we have specially trained nurses available 24 hours a day to come in and manage the whole procedure...these men and women are astounding...they provide expertise in collecting evidence, administering comfort and providing clinical care...their certification is completely voluntary and they make themselves available at a moment's notice

 

[Allexus_TN]

Injustice

A rape victim that calls the police is usually transported to the ER. Going to the ER means fees, regardless of what you're there for. If you have insurance, that picks up some of those fees. However, many victims don't have insurance. And they are victimized again by having to pay for that hospital care.

Also, the ER is required by law to report anyone coming in because of rape. Part of the purpose of a rape kit is evidence, which can later be entered into a database, to hopefully help catch repeat offenders, or maybe solve rape cases that weren't solved before. The lack of use of these kits is a further detriment to society's efforts to capture serial rapists. It is a horrible injustice to the victims, and possibly to innocent women who (God Forbid!) might be raped by the same man.

 

[privy2u]

As a former Deputy Sheriff and Certified Law Enforcement Training Officer I can tell all of you that in all the rape cases I have every worked , or seen worked by other, none were considered frivolous! I repeat none!

This misunderstanding that law enforcement does not take rape seriously is perptrated by hollwood movies and ingnorance of fact and law. I can't stop hollywood and their dramitizations of reality for the sake of a dollar and I can't change the law. What I can do is let you know that ther are no victims charged for rape kits!

Has anyone that ever sufferd a rape been charged for the processing of a rape kit? Probably, and that is a shame and a disgrace for the system that requires it. By law in most states if their is no evidence of a crime then th ecrime did not happen. We can all understand that I'm sure. The tragedy is that if a woman decides not to go all the way to court the law has no crime to prosecute.

I don't mean to sound as if I am on a rant and if I came off that way I appologize to you all. The reason I was bold and forward is for those reasons I stated earlier. When anyone starts pointing fingers it is usually because they are following a misguided belief that was propogated by either ignorant people or attorneys trying to sway public opinion. (Sorry to all the attorney's - I know it's just your job and yo do it very well) Rape is a state crime and no state that I am aware of wants victim's paying any money for anything.

Again, I appologize if I stepped on any toes. None of my comments were directed at anyone who has posted to this thread!

JB - Go to the DA's office, Sheriff's Dept. or Police Dept. and get the real deal on how it's handled. I'm sure Oprah is a sweet person, but sh'e still a fucking TV celebrity hustling ratings and selling commercial spots on her show!

Chat at ya later JB

I need a Crown & 7up !!


privy

 

[J.B.]

This is just another exaple of rape being treated as a 'frivilous' crime. Many police departments are underpaid and understaffed and the funding to complete these kits is not available. That is just not acceptable. We as a nation have to take the initiative to FORCE our legislature to address this issue. You must contact your town, county, state, and federal officials and DEMAND that this injustice to all woman be righted immediately. You can contact your Local senators and representatives by going to this page and locating them.
http://www.senate.gov/contacting/index_by_state.cfm
PLEASE call, write, email. This government is supposed to be BY THE PEOPLE FOR THE PEOPLE. We are OBLIGATED to let them know this will not be tolerated!.

I understand all of that... I really want to get involved in this... the thing is I don't want them to just brush this off since it's only one person doing the demands. I want to have more people behind me... well not so much as behind me as with me... so that these demands will be better heard... & they'll feel more of the pressure

 

[J.B.]

Re: Injustice

A rape victim that calls the police is usually transported to the ER. Going to the ER means fees, regardless of what you're there for. If you have insurance, that picks up some of those fees. However, many victims don't have insurance. And they are victimized again by having to pay for that hospital care.

Which means that later on, if abused again, they might not even report it.

 

[J.B.]

Again, I appologize if I stepped on any toes. None of my comments were directed at anyone who has posted to this thread!

JB - Go to the DA's office, Sheriff's Dept. or Police Dept. and get the real deal on how it's handled. I'm sure Oprah is a sweet person, but sh'e still a fucking TV celebrity hustling ratings and selling commercial spots on her show!

Chat at ya later JB
I need a Crown & 7up !!
privy

Priv. here's your drink....
Take a deep breath.. no I'm not just going by what Oprah's saying... that's why I'm posting on this board & every other board I can think of... I am doing some research as well.

I am not pointing any finger either... how can I if I don't have all the facts? What I'm asking (Ill say it again) is if there are any organizations out there for this? If not how can I start one? you know those types of questions.
muah
Remeber to breath hun...

 

[Allexus_TN]

Re: Re: Injustice

Which means that later on, if abused again, they might not even report it.

This is so true. And so sad.

 

[Kitte]

I understand all of that... I really want to get involved in this... the thing is I don't want them to just brush this off since it's only one person doing the demands. I want to have more people behind me... well not so much as behind me as with me... so that these demands will be better heard... & they'll feel more of the pressure

There is POWER in one!!! We need to learn that!!!!!!! One is better then none! The biggest flood starts with one tiny rain drop!Please, don't not do it becuse you think they wont listen to JUST ONE PERSON!!! Maybe you are not the only one in your area! Maybe your senator is just one letter or phone call or email away from doing something about this!!! PLEASE BELIEVE IN THE POWER OF ONE!!!!

 

[Ms_Lilith]

.

 

[lavender]

 

[Allexus_TN]

From one survivor to another

Vixenshe,
Just wanted to tell you how sorry I am that the police were so uncooperative with you. It should never be like that. That only adds to the trauma of the attack. I would like to say that I admire you for going to them, for I was never able to do so with my rape. At 14, being sexually naive and in a tiny "know it all" kind of town, I didn't know what to do at all. Not to mention being threated with a knife. So I have great admiration for you for reporting it, and am terribly saddened by the reaction of the police.

Too many times the police view crimes such as rape as "crying wolf" and react this way. Its like being victimized again.

 

[Ms_Lilith]

.

 

[J.B.]

Re: From one survivor to another

Too many times the police view crimes such as rape as "crying wolf" and react this way. Its like being victimized again.

Now that's just digusting...
I mean the whole point is that these people are asking for help... I understand that every one is innocent untill proven guilty but come on...

 

[Bob Peale]

http://www.ncvc.org/law/issues/Forensic/payment_sa.htm


Introduction

With the passage of the Violence Against Women Act (VAWA) in 1994, Congress specifically addressed the problem of sexual assault victims being charged with forensic exam costs.(1) Requiring states, Indian tribal governments, and local governmental agencies to assume responsibility for the "full out-of-pocket cost of forensic [sexual assault] medical exams"(2) in order to qualify for the S*T*O*P (Services*Training *Officers*Prosecutors) Violence Against Women Formula Grants Program, provided incentives for states to find alternative ways to cover the costs of sexual assault evidentiary exams.

In order to receive these federal funds, states must certify that sexual assault victims will not be responsible for the forensic exam costs, and designate an entity to pay for the exams. Although this requirement must be met for grant eligibility, the grants available under VAWA are not intended to be used to pay for forensic exams; instead, the funding is earmarked for a variety of other services related to violent crimes against women.

State Laws

Today, in order to receive the available federal funding, most states have enacted laws specifically providing for a designated payment source to cover the costs of forensic exams. Under the VAWA provisions, three options for compliance are offered:

the entity can itself provide forensic exams to victims free of charge;
the entity can arrange for victims to obtain exams from another source at no charge to the victims; or
the entity can reimburse victims for the cost of such exams.(3)
If the third option is used, certain conditions must be met:

reimbursement must cover the full cost of the exam without the application of a deductible or limitation on the amount paid;
victims must be given at least one year from the date of the exam to apply for reimbursement;
payment must be made by the applicable governmental entity within ninety days after receipt of written notification of the victim’s incurred expense; and
the reimbursing entity must provide information to all victims, including those who speak little or no English, at the time the exam is conducted, concerning procedures for obtaining reimbursement.(4)
Most states have chosen to have hospitals and clinics perform the exams without charge to the victim and then apply for reimbursement by the designated payment entity. By doing so, the ninety-day turnaround period required when victims are reimbursed can be avoided.

Payment Entities

In most states, the exams are paid for by compensation programs or law enforcement agencies. Although forensic exam costs may be awarded as a medical treatment expense under many states’ compensation programs, fifteen states have specifically chosen their programs as the primary source of payment for forensic exams.(5)

A number of states place responsibility for payment on the county in which the sexual offense occurred(6) or on the entity requesting that the victim have the examination performed, most often the investigating law enforcement agency(7) or the prosecuting attorney.(8)

Other entities designated as payment sources include:

victim services agencies;
criminal justice institutes;
social service/health departments; and
attorney general’s offices.
Billing Standards

Victim billing prohibited. Laws in eighteen states designating a payment source for forensic exam costs, such as Connecticut, Kentucky, and West Virginia, specifically prohibit victim billing.(9)
Insurance coverage. Some states, including Delaware and Pennsylvania, require that the victim’s insurance be used as the first source of payment.(10) Illinois insurance companies are prohibited from incorporating exceptions to coverage in health insurance policies precluding payment of sexual assault exams and testing.(11) The submission of claims for forensic exams to the victim’s insurance company raises privacy concerns. A few states’ laws, like that enacted in New Hampshire, attempt to address this issue.(12)
Victim reimbursement. In a few other states, like New Jersey, victims may incur out-of-pocket expenses for exams until they are reimbursed by the appropriate entity.(13) Because it takes time to process reimbursement claims, victims in such states may be harassed for payment and have their credit histories damaged if they are unable to pay. Creditor intercession services can be especially helpful to these sexual assault victims.
Requirements for Payment

In a number of states, like Florida and Mississippi, payment for the exam is conditioned on the victim’s reporting of the crime and subsequent cooperation with the investigation and/or prosecution of the case.(14) Both of these conditions can cause problems for sexual assault victims. A victim who consents to having an exam and then decides not to report the crime to police may find herself responsible for the exam expenses. A victim who files a police report and later determines that he or she is unable or unwilling to withstand the ordeal of a trial may also be billed for the exam. Victims need to be made aware of the possible financial consequences of choosing not to report the crime or pursue criminal prosecution.(15)

Payment Restrictions

About half of the states define what expenses are covered under their forensic exam payment laws.

At least twelve states perform exams only for the purposes of collecting and securing crime scene evidence.(16)
Other states, in addition to allowing payment for evidence collection, also cover disease testing and treatment.(17)
At least one state offers sexual assault victims the option of pregnancy prevention medication.(18)
Limits may also be placed on the total amount reimbursable for an exam in the form of monetary caps. While five of the fifteen states in which the victim compensation program is the designated payment entity for sexual assault forensic exams impose no general cap on how much can be paid,(19) eight other states required providers to accept the compensation payment as payment in full.(20)

Florida’s $250 cap is considered payment-in-full.(21)
Pennsylvania has a higher cap, $500 for the exam cost plus $100 for medications.(22)
North Carolina’s $1,000 maximum also covers mental health services provided to the victim.(23)
Other States, such as Minnesota and West Virginia, determine maximum payment amounts on the basis of what are considered to be reasonable, customary expenditures for the services provided.(24)

Funding Sources

Federal funds. States that use their compensation programs as the designated payment source for forensic exams receive some federal funds through grants under the Victims of Crime Act of 1984 (VOCA) to help cover the exam costs.(25)
Appropriations. Other states must rely on appropriations and related funding sources. Both Missouri and West Virginia reimburse hospitals and physicians conducting forensic exams out of appropriations designated for that purpose.(26) Indiana’s victim services division distributes grants to assist in the establishment of programs providing emergency sexual assault services.(27)
Court-imposed offender penalties and restitution. Some states require the convicted offender to either pay a fee to a specified fund or to directly reimburse the paying entity. Offender penalties in Delaware are used to reimburse the victim compensation fund for forensic exam payments.(28) In Florida, convicted offenders, including juveniles, are ordered to pay restitution to the Crimes Compensation Trust Fund for the cost of the initial forensic physical exam.(29) Restitution for medical examinations and related disease testing is also mandatory under Mississippi law.(30)
Civil judgments. Under North Carolina law, when a sexual assault victim successfully sues an offender civilly for damages, reimbursement of the compensation program for the assistance awarded is included as part of the judgment against the offender.(31)
Special Concerns

Despite these federal and state legislative efforts, feedback from the field indicates that sexual assault victims are still being billed. In addition to problems due to ineffective billing procedures, many states share a number of related concerns.

Inefficient procedures. In many states, victims frequently receive bills for forensic exam costs because of inefficient claims processing. Hospital emergency room staff are often not aware that another entity is responsible for payment, and handle exam bills routinely, as they would be for any other medical treatment, sending the bills directly to the victim’s insurance company or to the victim.
Delays in claims processing for victims who are billed in error. The average time for processing claims ranges from two to three months in Kentucky up to two years in Indiana. Many of the compensation programs that serve as primary payment sources for forensic exams have developed special claims processing procedures in order to expedite payment and reimburse victims within the requisite ninety-day period.(32)
The fact that some states limit payments for forensic exams to amounts which are much lower than the actual exam costs is also problematic. In those states, hospitals and providers must either look to other sources for payment of the remaining balance or absorb the difference.
Campus sexual assault. College students who are raped or sexually assaulted on campus face special issues in obtaining payment for forensic exams. Many schools’ clinics are not equipped to perform sexual assault forensic exams, forcing victims to seek treatment off-campus where they may be responsible for the costs of the exam and related testing. In states where insurance must be billed first, student victims, many of whom are covered under their parents’ health insurance policies, must choose to disclose the assault to their parents or find a way to pay the costs themselves.
Drug-facilitated sexual assault. The use of drugs such as Rohypnol (flunitrazepam) and GHB (gamma-hydroxybutyrate) to incapacitate victims in order to sexually assault them has increased in recent years. As a result, collection of evidence in these types of cases has become a serious problem. The testing is expensive, and, in most jurisdictions, the urine samples needed to detect traces of the drugs are not routinely included in standardized rape kits so that valuable evidence is often lost. Rape kits need to be updated to allow for drug testing in cases when drug-facilitated rape is suspected, and both law enforcement officers and medical professionals need training to recognize when drugs may have been used.
Evidence collection problems. In some states troublesome procedures in collecting DNA samples from victims as well as in the handling of evidence have been noted. Victims have complained about the insensitive manner in which evidence is collected, and improper handling of analyzed rape kits has resulted in the destruction of evidence. A few states, like Connecticut and Illinois, have established programs to train hospital personnel in the correct use of sexual assault evidence collection kits.(33) In further response to such problems, a federal law, the Paul Coverdell National Forensic Sciences Improvement Act, was enacted in 2000 to provide funding for states to improve the quality and timeliness of DNA testing and related forensic science services.(34)
DNA sample analysis backlog. A related concern is the problem of labs taking too much time to process rape exam kits. In many states, the backlog of samples awaiting DNA analysis is already unmanageable. The DNA Analysis Backlog Elimination Act of 2000 provides federal funding to states to enable labs to hire the additional personnel needed to eliminate the backlog and decrease the processing time.(35)
While most States have laws that designate payment sources to cover the costs of forensic exams, victims of sexual assault continue to be billed. Sexual assault victims need to be informed of their rights concerning the payment of forensic exams and to have avenues of recourse available when these rights are violated.

End Notes

1. 42 U.S.C. § 3796gg-4.

2. 42 U.S.C. § 3796gg(a)(1).

3. 42 U.S.C. § 3796gg-4(b).

4. Id.

5. Alabama, Arkansas, Delaware, Florida, Indiana, Iowa, Maine, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Vermont, and Washington.

6. Examples include: Arizona, Kansas, Minnesota, Nevada, Ohio, and South Dakota.

7. Examples include: California, Colorado, Georgia, Idaho, Montana, Nebraska, Oregon, Texas, and Wyoming.

8. Examples include: Mississippi and West Virginia.

9. Conn. Code § 19a-112a; Ky. Code § ; and W.Va. Code § 61-8B-16. Other states include Alaska, California, Delaware, Florida, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.

10. Del. Code 11 § 9019; Ky. Code § 15.935; Mn. Code 609.35; Mo. Code § 191.225; N.H. Code § 21-M:8-c; N.C. Code §§ 143B-480.1–.3; and Penn. Code 42 § 1726.1and 18 § 11.707 (H).

11. Ill. Code §§ 215-5/367; and 215-165/15.8.

12. N.H. Code § 21-M:8-c.

13. N.J. Code § 52:4B-44 (c)(4) (2000).

14. Fla. Code § 960.28 and Miss. Code § 99-37-25.

15. A new law in Maine, enacted in 1999, specifically addresses this issue. Victims who have not reported the sexual assault to police may have a forensic exam conducted without fear of being billed since billing of the victim or the victim’s insurance company is specifically precluded under the law. The exam kit is given a tracking number to protect the victim’s confidentiality and transported to the nearest law enforcement agency to be stored for at least ninety days. "If during that 90-day period [a]...victim decides to report the...offense to a law enforcement agency, the...victim may contact the hospital or health care practitioner [who conducted the exam] to determine the tracking number. The hospital or health care practitioner shall provide the...victim with the tracking number on the forensic examination kit and shall inform the...victim which law enforcement agency is storing the kit." The necessary evidence is preserved, and the victim is given time to decide how he or she wishes to proceed. Me. Code 5 § 3360-m and 24 § 2986.

16. Ariz. Code § 13-1414; Cal. Penal Code § 13823.95 (a-b); Colo. Code § 18-3-407.5 (1-2); Conn. Code § 19a-112a; Ga. Code § 16-6-1 and § 16-6-2; Idaho Code § 19-5303; La RS Code § 46:1802 (d); Me. Code tit. 30-A § 287; Mont. Code § 46-15-411 (1-2); Ohio Code § 2907.28; W.Va. Code § 61-8B-15—18; and Wyo. Code § 6-2-309.

17. Ala. Code § 15-23-5; Del. Code § 11-9019; Ill. Code 410 § 70/5—7; Iowa Code § 915.41; Ky Code § 216B.400 (as amended by 2000KY HB 448); Md. HG Code § 15-127; Nev. Code § 449.244 (1-2); N.C. Code §§ 143B-480.1—480.3; Pa. Code 18 P.S. § 11.707; and S.C. Code § 16-3-1350.

18. S.C. Code § 16-3-1350.

19. Supra, n. 9. States include Alabama, North Carolina, Utah, Vermont, and Washington.

20. Id. States include Arkansas, Delaware, Florida, Iowa, Maine, New Hampshire, Pennsylvania, and South Carolina.

21. Fla. Code § 960.28 (1-4).

22. Penn. Code 18 § 11.707.

23. N.C. Code § 143B-480.2.

24. Minn. Code § 609.35 and W.Va. Code § 61-8B-16 (a).

25. 42 U.S.C. § 10603(d)(2)(D).

26. Mo. Code § 191.225 and W.Va. Code § 61-8B-16.

27. Ind. Code § 16-21-8-4.

28. Del. Code § 11-9019.

29 Fla. Code § 960.28.

30 Miss. Code § 99-37-25.

31 N.C. Code § 143B-480.3.

32 Supra, note 9.

33 Ill. Code § 410-70/6.4.

34 Pub. Law No. 106-561.

35 Pub. Law No. 106-546.

 

[Pamela]

Re: Canadian

Alright, I have no idea about what's going on in the States, but if it's true that people have to pay for their own rape kits, it's ridiculous. Granted, if someone cries wolf, and is discovered, they should cover the cost.
Anyway, I'm Canadian, and I was brutally raped last year, and I went to the hospital, and they took a rape kit, but because there was no semen (it was daterape, and he'd been wearing a condom, after he brutally ripped my insides up with a sharp-edged wine-bottle neck) there, the police said that nothing could be done. They didn't really believe me, to be blunt about it- they basically just told me to go away.

Very kind, eh.

As a fellow Canadian....

I am fucking sick!!! I live in the prairies, and was raped quite a few years ago (date rape). Not only did they take a rape kit, I had two counsellors from the rape crisis unit escort me home from the hospital. Once home, they stayed with me for hours. Just talking, yelling, screaming and crying. NO CHARGE!!! That's the way it should be!

 

[J.B.]

I agree

 

[Ms_Lilith]

Jailbait, I love your signature.. very cute