Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

[Shirley Banks <>]

-------- Original Message --------

Subject:	RE: defining terms
Date:	Wed, 24 Mar 2004 12:50:33 -0500
From:	Shirley Banks
Organization:	Emory University Student Health Services-- Health Education and Promotion
To:
References:

My responses are below in ALL CAPS.  
__________________________________________
Shirley M. Banks, Health Educator
Emory University Student Health Services
1525 Clifton Rd., Atlanta, GA 30322
Phone 404-727-7312; Fax 404-727-9159

Go MAD! Make A Difference!
__________________________________________

Date: Wed, 24 Mar 2004 11:29:27 EST
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Subject: defining terms
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I thought I knew what I was talking about until I spoke with a policeman who 
said, "Students don't press charges, prosecutors press charges when 
university police call them up and say there's been a felony committed."

IN EVERY TYPE OF CRIMINAL CASE, IT IS THE DISTRICT ATTORNEY, COUNTY SOLICITOR, OR OTHER PROSECUTOR WHO "PRESSES CHARGES."  THE PROSECUTOR REPRESENTS THE INTERESTS OF THE JURISDICTION IN WHICH S/HE SERVES.  CRIME VICTIMS ARE (OR CAN BE) WITNESSES TO A CASE, BUT THEY ARE NOT RESPONSIBLE FOR INVESTIGATING OR PROSECUTING THE CASE.

Please clarify:
1) Can a student can seek help at a women's center or from a SART team, SAPC, 
or even a resident advisor and not involve university police.  

ON OUR CAMPUS, YES.

If so, then  who makes the Clery report?  

2) Can a survivor get a rape kit on campus without police being called in?  
Or does she have to find a doctor off-campus who knows how to do that.  (I 
assume that a social worker should advise a woman to have an examination, 
including the rape kit, for health reasons and just in case later on she wants
to 
pursue the rape in court.)

THE MEDICAL VISIT HAS TWO PURPOSES: MEDICAL CARE AND EVIDENCE COLLECTION.  THE SO-CALLED "RAPE KIT" IS, I THINK, BETTER CALLED "EVIDENCE COLLECTION."  

THE EVIDENCE IS MEANINGLESS IN COURT WITHOUT THE POLICE TAKING CUSTODY OF IT.  THE EVIDENCE SHOULD BE GIVEN TO THE POLICE IN ORDER TO PRESERVE THE CHAIN OF CUSTODY.  IN OUR AREA, THE POLICE TAKE CUSTODY OF THE EVIDENCE, INTERVIEW THE SURVIVOR/CRIME VICTIM IN ORDER TO BE ABLE TO ATTEST IN COURT THAT THE EVIDENCE DID INDEED COME FROM THAT PERSON.  THE POLICE THEN TAKE THE EVIDENCE TO STORAGE AT THE FORENSIC LAB.  THE EVIDENCE IS NOT PROCESSED UNLESS/UNTIL THE DISTRICT ATTORNEY REQUESTS IT; AGAIN, THE IDEA IS TO PRESERVE THE INTEGRITY OF THE EVIDENCE SO IT WILL BE CONVINCING IN COURT.

EVIDENCE MAY ALSO INCLUDE THE CLINICIAN'S NOTES, THE VICTIM'S CLOTHING, PHOTOGRAPHS OF INJURIES, ETC.

THE STATE PAYS FOR EVIDENCE COLLECTION, AS WITH ALL CRIMES.  THE PATIENT  IS RESPONSIBLE FOR PAYING MEDICAL BILLS.  SOMETIMES THE STATE HAS A CRIME VICTIM ASSISTANCE FUND THAT CAN HELP.

ALL OF THIS EVIDENCE HANDLING IS A TOTALLY SEPARATE ISSUE FROM MEDICAL CARE.  A SURVIVOR/PATIENT/CRIME VICTIM HAS THE RIGHT TO REFUSE TO ALLOW EVIDENCE TO BE COLLECTED FROM HER/HIS BODY, SO IT IS POSSIBLE TO GIVE MEDICAL CARE WITHOUT INVOLVING THE POLICE.

2) Are SANE nurses required to make Clery reports or call the police?

3) What is it called when a student gets help from university services and 
chooses to steer clear of the police?  Is it reporting?  Is it possible?

4) When we set up an off-campus agency for student rape survivors, are we 
required to call the police?  I know hotl-ine advocates don't have to call
them.  

OUR PROCEDURES ARE UNDER REVISION RIGHT NOW, BUT IN THE PAST THE ADVOCATE WOULD SUMMARIZE DATA FOR THE CAMPUS POLICE SO THE POLICE COULD COMPLETE THEIR CRIME STATS WITHOUT HAVING SURVIVORS' NAMES.

THE VICTIM/WITNESS ADVOCATE IN YOUR DA'S OR SOLICITOR'S OFFICE IS A GREAT ALLY FOR THIS SORT OF STUFF.  ALSO BE SURE TO CHECK WITH THE UNIVERSITY'S LEGAL COUNSEL WHEN YOU ARE CREATING PROCEDURES WITH LEGAL IMPLICATIONS.

HOPE THIS HELPS!

Thanks,   Linda Freedman


Linda Freedman, LCSW, PhD
Campus Rape Service Support Project (CRISP)
Institute for Clinical Social Work, Chicago
Toll free: 866-386-5657

-- 
__________________________________________
Shirley M. Banks, Health Educator
Emory University Student Health Services
1525 Clifton Rd., Atlanta, GA 30322
Phone 404-727-7312; Fax 404-727-9159

Go MAD! Make A Difference!
__________________________________________