EVAW is offering a number of resources related to compliance with
VAWA 2005 provisions regarding medical forensic exams. While the resources aren’t
campus-specific, they may be informative about current state and community practices
in this area.
From the OVW FAQ:
Q: What is the
new federal law regarding forensic examination?
A: The Violence
Against Women and Department of Justice Reauthorization Act of 2005 ("VAWA
2005"), 42 U.S.C. § 3796gg-4(d), provides that states may not
"require a victim of sexual assault to participate in the criminal justice
system or cooperate with law enforcement in order to be provided with a
forensic medical exam, reimbursed for charges incurred on account of such an
exam, or both[]" (the "VAWA 2005 forensic examination
requirement"). Under this provision a state must ensure that victims
have access to an exam free of charge or with full reimbursement, even if the
victim chooses not to report the crime to the police or otherwise cooperate
with the criminal justice system or law enforcement authorities. Prior to
VAWA 2005, states were required to ensure access to such exams free of charge
or with full reimbursement but could condition the exams on cooperation with
law enforcement.
Best Regards,
Linda
Linda Langford, Sc.D.
Associate Center Director,
Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention
www.HigherEdCenter.org
Evaluation Scientist, Suicide
Prevention Resource Center (SPRC)
www.sprc.org/
55 Chapel Street, Newton,
MA 02458-1060
voice (800) 676-1730 x2719 OR
(617) 618-2719 (direct line)
fax (617) 928-1537
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End Violence Against Women International (EVAWI)
New!
Sample Press Release
Announcing
Increased Access to Exams for Forensic Compliance
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EVAW International offers a range of free resources
to assist community professionals with forensic compliance. The
most recent addition is a sample press release, to announce the
availability of medical forensic exams for sexual assault victims
without first talking with law enforcement. As with many of our
other resources, we offer two versions: one for states with medical mandating reporting for
sexual assault of competent adults - and one for states without such a mandated reporting
requirement.
Adapt
for Use in Your Community
You are welcome to
use these sample press releases as a starting place for your own
community. As you will see, the templates have several items
highlighted that will need to be filled in with local information,
including the relevant agency names and personnel. You will also
need to use the term your community has selected to refer to these
exams (the sample press release uses the term "Restricted SAFE
Exam").
Other wording may
also need to be revised to reflect local realities. For example,
if the medical professionals conducting medical forensic exams in your
community do not have specialized training, you will need to make sure
the wording accurately reflects this fact. If follow-up care is
not provided, then remove this statement. In other words, review
the language carefully to make sure it is accurate.
States
with Medical Mandated Reporting
You may also need
to revise the language describing medical mandated reporting. The
sample press release was originally adapted from one used in San Luis
Obispo, California. We have also included an example of a small local newspaper that published a story based
on their press release.
The information in
this version of the press release thus reflects the requirements in
California state laws. If your state has medical mandated
reporting for sexual assault, you will need to revise the wording to
accurately describe this process and explain what information is
included in the report.
States
without Medical Mandated Reporting
If your state does
not have medical mandated reporting, you may still need to make
revisions to that version of the press release to make sure it is
completely accurate. For example, you may have medical mandated
reporting for certain types of injuries. If so, this is probably
worth noting in a press release.
Also, it is worth
checking to make sure that health care professionals are not reporting
patient disclosures of sexual assault to law enforcement - in the
absence of any legal requirement to do so. As we have clarified
in previous materials, this violates the spirit of the VAWA 2005
provisions regarding forensic compliance and may constitute a violation
of HIPAA in certain situations. For more information, please see
the template materials on anonymous reporting.
This issue is specifically addressed in the document for Sexual Assault Forensic Examiners (SAFEs)
in states without medical mandated reporting.
Pique
the Interest of Local Media
While writing your
press release, you might also want to add information to pique the
interest of your local media. For example, if there is an issue
or event that is currently being highlighted in the media - and
therefore on the minds of community members -- this might offer a good
"hook" for a story. Of course, quotes from prominent
community leaders can also help spark interest among local media.
We hope you find
this new tool useful. Please let us know how it works in your
community, and provide us with feedback on how we can continue to
improve our resources for forensic compliance.
Best Wishes,
Joanne Archambault
Executive Director
Kim Lonsway
Director
of Research
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Background on Forensic Compliance
Many professionals across the country are aware of the challenges
facing local jurisdictions in establishing a community response system
that is compliant with the provisions of the Violence Against Women Act of 2005, 42 U.S.C. §
3796gg-4(d).This act, often referred to as "VAWA 2005,"
specifies that states and territories may not "require a victim of
sexual assault to participate in the criminal justice system or
cooperate with law enforcement in order to be provided with a forensic
medical exam, reimbursed for charges incurred on account of such an
exam, or both." In other words, VAWA 2005 was designed to ensure
that victims of sexual assault have access to a forensic medical exam
free of charge or with full reimbursement regardless of whether they
report the crime to police or otherwise cooperate with the criminal
justice system.
EVAW International is now offering technical assistance in
the area of forensic compliance.
In 2009, EVAW International was awarded a grant from the Office on Violence Against Women (OVW), U.S.
Department of Justice. The purpose of the grant is to help
professionals implement a community response system that is compliant
with the forensic medical examination requirements of VAWA 2005. We can
offer information, resources, and guidance as needed in this complex
and challenging area. You can contact us with inquiries via email,
telephone, or fax. Contact information is provided on our website. Other information is also posted on the
website:
On the
background page,we provide general
information on VAWA 2005 and the provisions regarding medical forensic
examinations.
The
resource page, offers tools for
professionals, including a self-assessment tool to use in your own
community, and sample policies, protocols, forms, and other documents
that can be adapted for use.
If
you have any questions or want to request TA in the area of forensic
compliance, we encourage you to contact us directly.
We look forward to
working with you, striving to achieve the noble spirit - and not just
the letter - of this critically important VAWA provision.
This project is supported by Grant No. 2009-TA-AX-K003 awarded
by the Office on Violence Against Women, U.S. Department of Justice.
The opinions, findings, conclusions, and recommendations expressed on
this website are those of the author(s) and do not necessarily reflect
the views of the Department of Justice, Office on Violence Against
Women.
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EVAW
International
P.O. Box 33
Addy, WA 99101-0033
509-684-9800 / 509-684-9801 fax
Contact Us
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Join Our List
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EVAW International presents an
International Conference
on Sexual Assault,
Domestic Violence
and Stalking
April 11-13, 2011
Intercontinental Chicago O'Hare
Chicago, Illinois
For more information,
including a complete agenda,
speaker bios and
conference details,
please visit our website.
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End Violence Against Women (EVAW) International
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Vision Statement: We envision a world where gender-based violence is
unacceptable; where perpetrators are held accountable, and victims receive
the compassion, support, and justice they deserve.
Mission
Statement: We inspire and
educate those who respond to gender-based violence, equipping them with the
knowledge and tools they need to support victims and hold perpetrators
accountable. We promote victim-centered, multi-disciplinary
collaboration, which strengthens the response of the criminal justice
system, other professionals, allies, and the general public -- making
communities safer.
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