New federal rape-examinations no longer have to involve law

Journal Record, The (Oklahoma City), May 21, 2008 by Marie Price

New federal rape-examination requirements do not require victims to go to law enforcement, a circumstance some victims find so traumatizing they choose not to report the crime.

Under the mandate, evidence from victims who undergo the exam at a hospital can be stored for use later, should they decide to press charges.

The new procedure has been given the Jane Doe designation, because in some states the victim is not identified when the evidence is filed away.

Shannon Liew, coordinator of the YWCA Sexual Assault Nurse Examiner program in Oklahoma County, said that in Oklahoma the exams are referred to as "not-reporting" rape kits.

"'Jane Doe' implies that they're anonymous, and our laws here in Oklahoma don't require that," she said.

Federal law ties continuance of funding for some programs to compliance with the new requirements.

Liew said the language in the federal law does not specifically mandate that victims be kept anonymous.

"What the language in the act says is that it is not required that victims pursue prosecution or investigation in order to receive a forensic medical exam," she said.

Liew said some states already followed similar requirements before the federal mandate came down.

"It really is kind of a victim-centered approach," she said.

Liew said Oklahoma has been on board since November of last year.

"Now victims can receive the rape exam, or the forensic medical exam, without involving law enforcement," she said.

Liew said that since November her program has conducted seven exams for victims who decided not to talk to law enforcement. She recalled one victim who chose not to be examined after finding out that law enforcement would have to be informed, and one who decided to discuss her case with law enforcement a couple of weeks after her exam.

"The bottom line is that victims can receive services without involving law enforcement, if they want to," Liew said.

Liew said the law does not tell jurisdictions how to implement the requirement, so each entity has to figure out how to do so.

"Here in Oklahoma County, law enforcement agencies are still storing the evidence, so they're not anonymous," she said.

Liew said that under current Oklahoma law, health care professionals are required to report allegations of rape to law enforcement.

"It can't really be anonymous until health care providers don't have to report," she said.

She said House Bill 2607, by state Rep. Pam Peterson, R-Tulsa, and state Sen. Jonathan Nichols, R-Norman, is designed to address that issue by changing reporting requirements.

Under the bill, which is currently in joint conference, doctors, nurses and other providers would not be required to report an adult's rape allegation to law enforcement unless the victim requests that they do so.

"To kind of go the extra mile for victims, I think it is important," Liew said.

The Legislature is expected to adjourn Friday.

Oklahoma County District Attorney David Prater said the new requirements may help some victims come forward, although some may still decide not to do so for personal reasons.

Prater thinks the mandate is a good idea, giving victims time to decide what to do, while evidence is preserved and secured for possible future prosecution.

"Rape and domestic violence are two areas of crime where women are victimized, that we know there's a huge gap between what is reported and what actually occurs," Prater said.

It is a very personal decision for victims to make, he said.

"Overall, I think the law is a good idea, because it allows the victim a cooling period or a calming period, where they can consult and counsel with others, to determine whether or not they want to proceed with a criminal prosecution, rather than requiring them to make that decision while still under the influence of the horrific event," Prater said. "And this allows us to go ahead and collect that evidence that would be lost otherwise."