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

Dan;

the recovery of evidence, as you know, implicates a victim's fourth 
amendment and other privacy rights --

thus -- an intrusion without consent could be actionable (i.e., victim 
can sue depending on who does the taking and how, etc.)

and because consent must be voluntary (and perhaps "knowing" and 
"intelligent") - coercion in the process of obtaining consent could 
vitiate the taker's authority and lead to the same result --

one could argue that threatening NOT to obtain the evidence without a 
commitment to prosecution could be coercive -- irrespective of what 
happens with the prosecution -

but -- it is also true that the state, alone, determines whether to 
proceed with prosecution.  thus, the victim's willlingness to commit to 
prosecutioin -- at the time of evidence colleciton or on the eve of 
trial, has no legal power to cause or prevent the case from moving 
forward -

thus -- one could argue that there is no coercion at all b/c the 
premise (that a victim CAN control the government's power) is false.

wendy murphy

ps -- although i received absolutely no information from this list in 
response to my request for help gathering state laws that redress 
sexual violence against children, i did finish the project and if 
anyone is interested in knowing more about the laws in their state, 
feel free to contact me at ----  
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sorry - that PS at the end was meant for another list --
but you can still ask me about state laws if you're interested --- i 
just wanted to clarify that it was not this list that offered no 
assistance -- i did not reach out to this list

wendy murphy

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Today's Topics:

  1. Physical Evidence Recovery Kit (S. Daniel Carter)


----------------------------------------------------------------------

Date: Fri, 26 Aug 2005 16:05:12 -0400
From: "S. Daniel Carter" 
<>
To: 
""
 
<>
Cc: Ilse Knecht 
<>
Cc: "Claire N. Kaplan" 
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Cc: Connie Kirkland 
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Cc: "Jennifer B. Mercurio" 
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Over the years we have gotten conflicting information about exactly 
what the
guidelines are for the use of a Physical Evidence Recovery Kit when the
victim has not yet decided whether or not to commit to prosecuting. It 
was
our understanding that the kit was to be offered free, or at least 
offered,
without this commitment, but of course many agencies continue to insist 
on a
promise to prosecute before they'll authorize the use of the PERK. This 
can
remove a key option forever.

We would greatly appreciate any clarification that could be offered on 
what
the rules are, and if there is any recourse if a hospital or police 
agency
refuses to use the PERK. Also, are victims afforded the right to pay 
for the
kit themselves and have it completed even if law enforcement will not
authorize this (or is this a chain of custody issue?)?

Thank you in advance for any help you may be able to offer.

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail:


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The use of PERKs is very dependent on the local jurisdiction and state laws.  
If
a hospital or medical clinic is staffed by offician SANE examiners, then they
are entitled to get the PERKs from the local state (police) lab to use, with 
or
without the police involvement.  However, there are many local police
departments that will not authorize a SANE exam if they do not believe the
victim or do not believe the victim wants to prosecute.

This has always been a great difficulty, especially on a college campus, where
students are sexually assaulted in many jurisdictions surrounding the campus.
Thus, many police departments may, in fact, respond to the same hospital and 
use
different sets of procedures.  If the victim wants to have a SANE exam done 
at a
hospital, usually the state will pay for the process only if the police are
involved upfront and authorize the exam.

Some states are much more progressive and don't require and official police
report first!  At George Mason University, we are in the process of 
initiating a
SANE-qualified medical clinic here on campus which will allow for students to
have a PERK done by a university SANE, with or without police involvement.  We
intend to keep the kits for a period of time to allow the student to make a
better decision about whether or not to prosecute.  The PERK kits are free; 
the
exam itself costs less than $100... it's the analysis that is expensive. At 
that
point, with a police report, once again it reverts back to the state paying 
for
that expense.

Connie

-
Connie J. Kirkland
Coordinator, Sexual Assault Services
George Mason University
4400 University Drive, MSN 2B2
Fairfax, VA 22030-4444
(703) 993-4364
(703) 993-3685 fax

www.sexualassaultservices.gmu.edu