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

["Ilse Knecht" <>]

Some states let victims get the exam without deciding to prosecute.  For
example, CT and I think ME both allow victims to get the exam, then the
evidence gets a tracking number, the hospital stores it, and the victim
has a certain period of time (I think 90 days in CT) to decide whether
or not she wants to prosecute).

There definately is a chain of custody issue.   

________________________________

Ilse Knecht
Deputy Director, Public Policy

National Center for Victims of Crime
2000 M Street, NW, Suite 480
Washington, D.C. 
Cell: 703-732-2446
202-467-8700
202-467-8701
www.ncvc.org


>>> "S. Daniel Carter" 
>>> <>
>>>  08/26/05 4:05 PM
>>>
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: