Subject: Discussion List for campus-based and allied personnel working to end gender-based violence on campus.
List archive
- From: Connie Kirkland <>
- To:
- Subject: SA evidentiary exams
- Date: Tue, 30 Aug 2005 14:51:40 -0400
- List-archive: <https://list.mail.Virginia.EDU/mailman/private/sapc>
- List-id: Discussion List for sexual assault educators and counselors on campus. <sapc.list.mail.Virginia.EDU>
- Organization: GMU
In Virginia, police departments do not pay for SANE/forensic exams ever. The
cost is taken
care of by the VA Supreme Court -- so that is no reason for exams to be
denied to anyone
who wants one in Virginia.
Connie
wrote:
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> Today's Topics:
>
> 1. Re: Physical Evidence Recovery Kit (Connie Kirkland)
> 2. Re: Physical Evidence Recovery Kit (S. Daniel Carter)
> 3. variance among states
> 4. FW: Forensic exam payment information (LaDue, Lee E. )
> 5. Re: Forensic exam payment information (S. Daniel Carter)
> 6. Re: Physical Evidence Recovery Kit (Connie Kirkland)
>
> ----------------------------------------------------------------------
>
> Date: Mon, 29 Aug 2005 13:24:08 -0400
> From: Connie Kirkland
> <>
> To: "S. Daniel Carter"
> <>
> Cc: "Claire N. Kaplan"
> <>
> Cc: Ilse Knecht
> <>
> Cc:
> ""
>
> <>
> Cc: "Jennifer B. Mercurio"
> <>
> Subject: Re: Physical Evidence Recovery Kit
> Message-ID:
> <>
> References:
> <>
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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
>
> ------------------------------
>
> Date: Mon, 29 Aug 2005 13:38:09 -0400
> From: "S. Daniel Carter"
> <>
> To: Connie Kirkland
> <>
> Cc: "Claire N. Kaplan"
> <>
> Cc: Ilse Knecht
> <>
> Cc:
> ""
>
> <>
> Cc: "Jennifer B. Mercurio"
> <>
> Subject: Re: Physical Evidence Recovery Kit
> Message-ID:
> <>
> In-Reply-To:
> <>
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> Message: 2
>
> on 8/29/05 1:24 PM, Connie Kirkland at
>
> wrote:
>
> > Some states are much more progressive and don't require and official
> > police
> > report first!
>
> How about Virginia?
>
> ********************************
> S. Daniel Carter
> Senior Vice President
> Security On Campus, Inc.
> http://www.securityoncampus.org/
> e-mail:
>
> ------------------------------
>
> Date: Mon, 29 Aug 2005 13:50:07 EDT
> From:
>
> To:
>
> Subject: variance among states
> Message-ID:
> <>
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> Message: 3
>
> States seem to vary in who pays for sexual assault examinations. I don't
> mean to sound cynical but it seems to me that law enforcement is much more
> restrictive about authorizing an exam when it comes out of their own
> budget.
>
> This address is temporary and subject to cancellation without notice.
> My permanent address is:
>
> ------------------------------
>
> Date: Mon, 29 Aug 2005 13:54:16 -0500
> From: "LaDue, Lee E. "
> <>
> To:
> <>
> Subject: FW: Forensic exam payment information
> Message-ID:
> <>
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>
> This is a multi-part message in MIME format.
>
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>
> In regards to Daniel Carter's question, I am forwarding this information
> from the Natl. Center for Victims of Crime. As you can see from their
> list, the payment issue varies from state to state. Here in MN a
> statute was recently passed that attempted to clarify that victim's
> should not be charged even if they don't report to the police. Our
> local hospital keeps the evidence up to four months which allows the
> victim/survivor some time to decide about reporting. Even with this new
> wording, we battled for some time with our county attorney's office to
> agree to pay for all of the exams, but we seem to have it settled now
> and all of them are being paid for by the county. However, it is my
> experience that even with a well-written statute, the payment issue can
> still be difficult and in the past we had many examples of exams not
> getting paid for by the county even though the statute seemed clear to
> us. Sexual assault centers around the state report varying responses
> from their individual counties. We formed a hospital sexual assault
> task force that has advocates, hospital staff, law enforcement and
> county attorney representatives and this is how we finally came to an
> agreement on payment. =20
>
> I also attached some information from our state coalition on payment
> issues but of course this is specific to MN but it may be helpful to
> those of you who are working to change your state statute language.
>
> Lee LaDue
> Assistant Director/Coordinator of Sexual Assault Services
> St. Cloud State University Women's Center
> 720 4th Ave. S.
> St. Cloud, MN 56301
>
> -----Original Message-----
> From:
>
>
> [mailto:]
> On Behalf Of ELLEN FERN
> Sent: Thursday, August 11, 2005 9:52 AM
> To:
>
> Subject: [NAESVPolicy] Forensic exam payment information
>
> I am forwarding a message from the National Center for Victims of Crime
> regarding information they have put together on forensic exam payments.
> A message from Ilse Knecht, Deputy Director of Public Policy appears
> below. They are both wanting to share this information with state sexual
> assault coalitions as well as getting your feedback on specific state
> facts if the information is not accurate in the attached document.
>
> Thanks so much. We hope you find this helpful information. Ellen
>
> Dear Colleagues:
>
> The National Center for Victims of Crime has compiled the information in
> this chart in response to a request from the field about how many other
> states require victims to cooperate with law enforcement in order to get
> a forensic exam covered. We have taken this information from our
> reading of each state's laws regarding payment of forensic exams. We
> invite your input! If you review the information for your state and
> find that we have misunderstood a statute or missed a law, or if you
> would just like to tell us how this is working on the ground, please
> feel free to e-mail Ilse Knecht, Deputy Director, Public Policy,
>
> or call 202-467-8723.=20
>
> Thanks! =20
>
> ________________________________
>
> Ilse Knecht
> Deputy Director, Public Policy
>
> National Center for Victims of Crime
> 2000 M Street, NW, Suite 480
> Washington, D.C.=20
> Cell: 703-732-2446
> 202-467-8700
> 202-467-8701
> www.ncvc.org
>
> ------_=_NextPart_001_01C5ACCB.0DF43D09--
> ------------------------------
>
> Date: Mon, 29 Aug 2005 15:06:37 -0400
> From: "S. Daniel Carter"
> <>
> To: "LaDue, Lee E."
> <>,
>
> <>
> Subject: Re: Forensic exam payment information
> Message-ID:
> <>
> In-Reply-To:
> <>
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> Message: 5
>
> Unfortunately the issue wasn't payment, which there is more information
> about. But in one of our cases the police actually precluded the hospital
> from conducting the evidence collection even when there was an offer to have
> it paid for privately.
>
> ********************************
> S. Daniel Carter
> Senior Vice President
> Security On Campus, Inc.
> http://www.securityoncampus.org/
> e-mail:
>
> ------------------------------
>
> Date: Mon, 29 Aug 2005 16:16:56 -0400
> From: Connie Kirkland
> <>
> To: "S. Daniel Carter"
> <>
> Cc: "Claire N. Kaplan"
> <>
> Cc: Ilse Knecht
> <>
> Cc:
> ""
>
> <>
> Cc: "Jennifer B. Mercurio"
> <>
> Subject: Re: Physical Evidence Recovery Kit
> Message-ID:
> <>
> References:
> <>
> Content-Type: text/plain; charset=us-ascii
> MIME-Version: 1.0
> Content-Transfer-Encoding: 7BIT
> Precedence: list
> Message: 6
>
> If a victim comes to a hospital in Virginia and requests an evidence exam
> due to
> a rape or sodomy, the hospitals must call the police unless the person says
> she/he can pay for the evidence exam out of pocket.
>
> "S. Daniel Carter" wrote:
>
> > on 8/29/05 1:24 PM, Connie Kirkland at
> >
> > wrote:
> >
> > > Some states are much more progressive and don't require and official
> > > police
> > > report first!
> >
> > How about Virginia?
> >
> > ********************************
> > S. Daniel Carter
> > Senior Vice President
> > Security On Campus, Inc.
> > http://www.securityoncampus.org/
> > e-mail:
>
> --
> 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
>
> ------------------------------
>
> _______________________________________________
> SAPC mailing list
>
> https://list.mail.Virginia.EDU/mailman/listinfo/sapc
>
> End of SAPC Digest, Vol 406, Issue 1
> ************************************
--
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
- SA evidentiary exams, Connie Kirkland, 08/30/2005
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