R@pe Kit Testing Backlog Thwarts Justice for Victims

[Saya]

But its not really medical, the medical stuff doesn't happen until the very end and if you want them to pay for the antibiotics, morning pill and gravol, that still wouldn't add up to $800-$1200 dollars that they are charged. They're charged for the documentation of their injuries, the swabs, and the DNA testing of their swabs, and again, no other victim of violence is charged for the collection of evidence even if it comes from their own bodies.

[Pineapple_Juice]

So if they refuse the antibiotics and Plan B and all that other stuff, they're charged the same amount?

[Ben Lahnger]

They're being charged for the DNA collection and testing, which is the same kind of evidence collection and testing done on other crimes, and then sometimes the DNA isn't even processed. It pisses me off!

Saya can speak to what part of the charges that they're billed might account for medical costs, but my understanding is it should be similar to a battery case like someone stabbing you with a knife or clubbing you with a bat, where after the cops collect the evidence including DNA if it's available (which the victim is not charged for), you or your insurance would pay for the medical treatment you would need. And you or your insurance company would plan to recover the cost of that medical treatment from the criminal in court once the police do their jobs and catch him.

So if they're charging the R@PE victim for collecting the DNA, that's wrong. And if they are not aggressively pursuing getting those R@PE kits tested and trying to arrest the criminal responsible, then the victim eats the cost of the medical treatment and that's wrong too.

[Pineapple_Juice]

Maybe some states charge them thinking their costs will be reimbursed by sueing the offender for that amount. But if it's just sitting there....or if they lose the trial...

[Saya]

They'd only think that if they never look at r@pe statistics, only 6% per cent of rapists go to jail. And a criminal case isn't a civil case so the victim won't get money unless he/she pushes for it, or files a civil case (this is where I'm really not sure, a seperate case may have to be made).

[Aska]

Shouldn't Victim's Comp cover the testing?

[Saya]

They can help cover the costs depending on the state and the victim's comp policy, and hospitals and police aren't always exactly helpful in letting victims know what their options are. For example this is from last year:

Victims of sexual assault are getting bills, rejection letters and pushy calls from bill collectors while a state crime victims' fund sits full of cash, Local 2 Investigates reported Thursday.
"I'm the victim, and yet here I am. I'm asked to pay this bill and my credit's going to get hurt," said a single mom from Houston.
She received bills marked, "delinquent," after she visited a hospital where police told her to have evidence gathered. Officers assured her she would not pay a dime for that **** kit to be handled.
"That was unreal," she said. "I never thought I'd be out anything for what I went through."
She was 44 years old when she was attacked in her own bed. She said she awoke to find a burly 15-year-old friend of her son assaulting her. He was found delinquent, meaning he was convicted, in juvenile court, thanks in part to the evidence gathered with the **** kit.
"It is set up legislatively so that the criminal justice system pays for whatever evidence collection occurs," said Kelly Young, with the Houston Area Women's Center, a **** crisis facility.
Police departments are reimbursed for up to $700 by the Texas Crime Victims' Compensation Fund, but many departments cover the bills if they exceed that.
After that happens, victims can apply for other costs associated with the **** kit hospital visits to be covered by the fund.
The Houston Police Department made one payment toward the single mother's hospital bill, but when she submitted the $1,847 worth of remaining bills to the Crime Victims' Compensation Fund, she received a denial letter, telling her that law enforcement should have paid.
"She's getting the run-around," said Young at the **** crisis center, which was not involved in her case.
"There may be lots of survivors who have this happen and we don't know because they don't know that they shouldn't be getting the bills," she said.
"A lot of people aren't going to ask. They're just going to go ahead and pay it and move forward with their lives. They don't want to keep re-living that experience," said Young.
Texas State Comptroller's office figures show the fund has tens of millions of dollars left over at the end of each year.
In September 2006, the balance was $67,058,646 and one year later, the balance was $57,669,432.
In 2008, that figure was up again to $66,572,261 that was left unspent in the fund.
Attorney General's spokesman Jerry Strickland said the crime victim fund is enforcing strict guidelines imposed by the legislature as to which bills are paid and which victims are sent a denial notice.
Otherwise, he said that fund could become "insolvent."
He said state law is clear that crime victims must exhaust all other potential funding sources, such as local police or their own health insurance.
"The legislature set it up that way," said Strickland.
When asked for a number of how many denial letters had been sent out to Texas **** victims in the past, Strickland did not have an answer after checking with his crime victims' compensation office workers.
He said the attorney general's office constantly trains hospitals and health care providers on how to help victims in getting reimbursed for their expenses.
Health care workers and **** crisis counselors told Local 2 Investigates that victims have come forward with denial letters for varying reasons, such as police listing the case as inactive, paperwork being filed incorrectly, or expenses falling into the wrong category.
Young, the advocate at Houston Area Women's Center said, "They're not dotting the Is and crossing the Ts to make sure that the person who was victimized does not have to re-live it six months later because they get a bill."
When Local 2 Investigates contacted the hospital where the single mother had her **** kit performed, hospital leaders quickly canceled her bill when they found out the state would not be paying the charges She now owes nothing.
She said she's amazed it happened to begin with, adding, "I don't look very kindly to them. I mean, I would expect that they would have had a little more feeling for me and they didn't."

http://www.click2houston.com/news/19400415/detail.html

Do all states have victim's comp? Even in Soviet Canada not all provinces do.

[Pineapple_Juice]

The RAINN website says every state has one.

http://www.rainn.org/public-policy/l...****-survivors

[Pineapple_Juice]

VOCA requires that all state compensation programs cover the following crime-related costs:

Medical expenses;
Lost wages for victims unable to work because of crime-related injury (note that some state programs will reimburse for lost wages for non-physical injury, such as an inability to concentrate, but documentation from a medical professional is typically required);
Funeral expenses.
Additionally, some (but not all) state compensation programs cover these crime-related costs (you can access information on your state below):

Sexual assault forensic exams (federal law entitles victims to free forensic exams);
Moving or relocation expenses. (Many states won’t cover these expenses unless the victim is in imminent physical danger or the move is medically necessary. Documentation from the police or a physician is typically required to demonstrate that the victim is unsafe in their current living situation.);
Temporary lodging;
Travel and transport for survivors of homicide victims to secure bodies of deceased victims from another country or state;
Transportation to medical providers;
Replacement services for work the victim is unable to perform because of crime-related injury (primarily childcare and housekeeping);
Crime-scene cleanup;
Rehabilitation, may include physical therapy and/or job therapy;
Modifications to homes or vehicles for paralyzed victims;
Replacement costs for clothing and bedding held as evidence;
Replacement or repair of windows and locks or repair or installation of home-security services; and
Fees for attorneys who help victims apply for compensation;
In addition, a very small number of states may pay for the following:

Lawyer’s fees to establish guardianship, assist in settling estates, and perform other activities related to the crime (one state only);
Dependent care to allow victims to participate in criminal justice activities or secure medical treatment and rehabilitation services;
Financial counseling services;
Pain and suffering (two states only, in very limited amounts); and
Annuities for loss of support for children of homicide victims.