HomeMy WebLinkAbout2016 03-04 Effort would standardize how Minnesota handles sexual assault - StarTribune 3/7/2016 Effort would standardize how Minnesota handles sexual assault-StarTribune.com
LOCAL
Effort would standardize how Minnesota
handles sexual assault
Standards for evidence storage vary widely, and some victims have
been charged for the exams.
By Karen Zamora(http://www.startribune.com/karen-zamora/272885141/)Star Tribune
MARCH 4,2016—9:36PM
Champions for Minnesota sexual assault victims are determined to reform what they
call a haphazard justice system by establishing rules on how rape kits are stored,while
giving survivors their own bill of rights.
A coalition of advocacy groups,law enforcement and legislators is working on initiatives
that would mirror the Sexual Assault Survivors'Rights Act,introduced in the U.S.Senate
last week,which would establish how long evidence from sexual assault exams must be
kept.
Currently,each Minnesota county can decide how long it saves rape kits.And counties,
which pay the cost of sexual assault exams,have been unlawfully billing victims,
according to a recent state study.
"You can expect these issues[to be]discussed in the upcoming legislative session,"said
Caroline Palmer,law and policy manager for the Minnesota Coalition Against Sexual
Assault(MNCASA),which released the study."People are starting to realize that we have
some challenges in our state and there's a lot more we can be doing."
Standards on processing rape kits and enhancing victims'rights during a criminal
process are also being discussed,said Maplewood Police Chief Paul Schnell,who has
been involved in the legislative initiatives.
"What we don't want to happen is to create a chilling effect for victims if they feel like
this is an intrusive process,"Schnell said."We want to do things that will encourage and
help make them feel that we are supportive."
Robert Small,executive director of the Minnesota County Attorneys Association,said
he's seen several drafts of initiatives that could be introduced in the legislative session
that kicks off next week.Small said advocacy groups,law enforcement officials and
legislators are working hard to create better practices.
"We are very interested in ensuring victims receive the very best services,"Small said.
"We all have that same goal."
Storage lengths vary
Under the federal bill,law enforcement officials would be forbidden from destroying a
rape kit without testing it or notifying the victim within 60 days.
"Too often,survivors are not told what is happening in their cases,find that vital
evidence was destroyed without their consent or encounter Byzantine procedural
barriers to justice,"said U.S.Sen.Richard Blumenthal,D-Conn.,who introduced the
federal bill."This bill represents an important step toward a system that mirrors
unsparing prosecution of people who commit these heinous offenses with sensitive,
consistent,and fair treatment of survivors."
In Minnesota,what happens after medical personnel use swabs,vials,combs and
clippers to collect a bag of biological evidence from a victim varies by county.
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3/7/2016 Effort would standardize how Minnesota handles sexual assault-StarTribune.com
Hospitals should hand victims a brochure detailing their rights,financial assistance and
other resources,but that often doesn't happen,said Jeanne Ronayne,executive director
of MNCASA.
Some hospitals in Minnesota keep the kits if victims don't want to file a crime report.
Others send them to police for holding.
A kit could be stored at the hospital anywhere from 30 days to 18 months,Palmer said.
Some departments,such as the St.Paul police,cleaned house and shipped all untested
kits to the Minnesota Bureau of Criminal Apprehension,while others,including the
Anoka County Sheriff s Office and Duluth Police Department,save every shred of
evidence.
Duluth Police Lt.Mike Ceynowa told the Star Tribune in December that if a victim
doesn't consent to testing the kit,his department doesn't test it.
"It's important for law enforcement to respect women's rights to say'I don't want to
move forward on this,"'Ceynowa previously said.
Billing for exams
It took one victim almost two years after Hennepin County Medical Center billed her for
the exam and garnished her tax refund before she was reimbursed.The Star Tribune
does not publicly identify alleged victims of sexual assaults unless they do so themselves.
After her ex-husband assaulted her in 2013,she had fallen behind financially and needed
the refund to pay bills,she said.
In the MNCASA study,more than half of professionals interviewed said they knew of
patients being charged for exams.
In a letter to health care providers last week,Attorney General Lori Swanson reminded
them that billing rape victims violates the law.
"Victims of sexual assault have already suffered a heinous act,and the reason we have
these state and federal laws is to protect victims from having to finance treatment,"
Swanson said."I was very troubled with the thought that we have these laws out there to
protect victims and that hospitals might not be complying with them."
Local initiatives and the federal bill hope to address inconsistencies and create
standards for handling sexual assaults.Locally,there is discussion about appointing a
state coordinator to oversee the billing of the exams,which would help clear up
confusion and clarify proper practices.
"It was a giant pain,"the victim said of getting reimbursed."...Lots of giant hoops to go
through."
karen.zamora @startribune.com 612-673-4647 karenanelzamora
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