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Payment for Sexual Assault Victim Medical Examinations - A Model Statute

NCJ Number
104965
Journal
Response to the Victimization of Women and Children Volume: 9 Issue: 4 Dated: (1986) Pages: 14-20
Author(s)
M A Largen
Date Published
1986
Length
7 pages
Annotation
This article discusses the elements of a forensic medical examination for sexual assault victims and presents and comments upon the provisions of a model statute that provides for the payments of examination costs.
Abstract
The forensic medical examination may provide corroborating evidence of an assault to aid in the investigation of a complaint and/or to be introduced at trial. The procedure has five major elements: examination and treatment of obvious physical trauma; determination of penetration, use of force, and lack of consent; patient interview to elicit information about the incident; collection and evaluation of evidence; and provision of treatment and medical advice. The model statute developed by the Center for Women Policy Studies is based on the premise that society has an interest in the fair treatment of sexual assault victims. Provisions of the statute emphasize that sexual assault is a crime against the victim and society, that forensic evidence is important in criminal investigation and prosecution, and that the victim should not have to bear the burden of the medical costs necessitated by this criminal act. Provisions of the statute also provide definitions of sexual assault victim, service provider, and sexual assault medical charges. Additional provisions cover conditions of payment, minor consent to examination, and victim privacy. 5 references.