FACTSHEET:
Sexual Assault
In 1992, the National Womens Study estimated that
683,000 adult American women are forcibly raped each year (National Center for Victims of
Crime & Crime Victims Research and Treatment Center, 1992). According to Bureau of
Justice Statistics data, U.S. male and female residents age 12 and older experienced an
estimated 307,000 rapes and sexual assaults in 1996 (Ringel, 1997). The difference between
the number of rapes in 1992 and the number of rapes and sexual assaults in 1996 reflects
standard statistical error and differences in methodology. One significant methodological
difference is that the National Womens Study interviewed individuals by
telephone, allowing women greater confidence in their anonymity. The Bureau of Justice
Statistics conducted face-to-face interviews, in some cases with entire families present,
which could have possibly deterred disclosure.
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New Protocols Improve Assault Victims' CareAugust 4, 2008Citywide measures and legislation from the state seek to give victims more choices and access to comprehensive services. > By Kalyn Belsha With several new initiatives to help victims of sexual assault being implemented or in the works, the trauma of rape will soon be met with improved hospital care, better evidence collection, and likely financial aid to victims to help prevent disease transmission. Thanks to two new city policies, and a state law awaiting the governor's signature, all victims of rape and other forms of sexual assault will be given the choice to visit a hospital with specialized resources; “suspect kits” will be used to gather evidence to support claims of sexual violence in court; and a new payment system would make it easier for victims to receive preventive treatment after possible exposure to HIV. Until June 8, standard ambulance protocol was to bring victims of sexual assault to the nearest of the city’s 54 hospital emergency rooms. Now, all victims over the age of 12 and in stable condition are to be given the choice to be transported to a hospital with access to more comprehensive support. Known as SAFE centers (because they're staffed with Sexual Assault Forensic Examiners), all 11 of the city’s public hospitals and seven other emergency rooms across the five boroughs employ forensic examiners who have been specially trained to collect evidence from, and care for, sexual assault victims. Victims who visit SAFE centers are treated within one hour of their arrival and also have access to a victim advocate for emotional support and legal and medical counsel. All city emergency departments are mandated by law to provide treatment to victims of a sexual offense, but according to a 2007 report issued by the New York City Alliance Against Sexual Assault, the services a victim receives at a SAFE center are more comprehensive. The survey of 11 SAFE centers and 28 non-SAFE emergency departments found that SAFE centers were more likely to have specialized equipment to collect evidence, and also provided more information, advocacy and follow-up care than non-SAFE centers. The recent development is the outcome of a pilot program Mayor Bloomberg announced in 2004, to create the first Sexual Assault Response Team (SART) in Bronx public hospitals, which has since expanded to include all public hospitals in Manhattan, Brooklyn and Queens. (Members of SART have equivalent SAFE qualifications, but can travel between public hospitals). To accommodate this expansion of the SAFE and SART programs, city agencies have been hard at work developing ways to give victims greater access to the services available to them, such as changing the ambulance protocol. It may seem like a simple idea, says Harriet Lessel, executive director of the Alliance, but this adjustment was actually the result of years of discussion, development, and coordination between the city Fire Department, Emergency Medical Services, and advocacy groups like hers. She says she hopes this change in ambulance protocol will improve the treatment of victims and provide more viable evidence for criminal prosecution. “Both the research we’ve done, and our working with different programs, have shown us that this is the best way to get all victims to the place of best care. I think we need more people to understand what services are available and that they are necessary,” Lessel said. The citywide protocol for the collection of “suspect kits,” which will provide new evidence to support claims of sexual violence in court, is the first of its kind in the country. While some jurisdictions in a handful of states also collect evidence from suspects, the idea for this new formalized procedure was “created from scratch” for New York, says Karen Agnifilo, general counsel for the mayor’s criminal justice coordinator. Similar to the "rape kit" used to collect evidence from a victim, the suspect kit gathers evidence from the suspect via a forensic examination, such as DNA or photos of bite marks, bruises and distinctive markings that could corroborate a description. But, because many of these pieces of evidence could disappear if not collected shortly after the assault, kits must be created within 96 hours of the suspect’s apprehension. And while the suspect kit can only be collected with the suspect’s permission or a court order, advocates like Agnifilo say they believe suspects will submit to using the kit and that the evidence collected will make a noticeable difference in court. “It’s a missed opportunity to collect evidence. DNA solves problems and is the answer in so many cases. This is a way to maximize use of it to exonerate the innocent and convict the guilty,” said Agnifilo. The office of the Criminal Justice Coordinator expects that many suspects will voluntarily submit to a suspect kit, “in the same way that suspects voluntarily give statements or permission to do a search,” she said. And on the state level, an improvement in the care of sexual assault victims appears to be imminent as well. A new bill authored by Assemblywoman Ellen Jaffee and supported by state Senator Thomas Morahan, both of Rockland County, would streamline the payment process for victims who need to receive post-exposure prophylaxis (PEP) drugs, a month-long treatment program aimed at preventing HIV infection for those who have recently come into contact with the virus. The bill passed both houses unanimously and is currently awaiting Gov. Paterson’s signature. A series of antiretroviral drugs, the PEP treatment is considered a breakthrough in the fight to stop the spread of HIV/AIDS and is distributed in instances of high-risk exposure, often to hospital workers and rape victims. But many sexual assault victims don’t complete, or even start, their PEP regimen, says Assemblywoman Jaffee. At present in New York state, all emergency rooms are supposed to provide a three-day supply of the drugs at no cost to the victim. But those who want to continue PEP treatment must pay for the drugs – which Jaffee quotes at a wholesale price of $450 – out of their own pocket or through private insurance, and later seek reimbursement from the Crime Victims Board. As many victims can’t afford the upfront expense or are reluctant to use their own insurance – for privacy or safety reasons, they may not want other family policyholders to see the charges – many victims stop taking the medication after only a few days. Under the new legislation, healthcare providers and pharmacies would provide victims with the full supply of PEP medication at no cost. The healthcare provider or pharmacy would then seek direct reimbursement from the Crime Victims Board. Jaffee says this approach will save the state money in the long run and is a big step toward stemming the spread of HIV/AIDS. “They’ve gone through such trauma, and to then require them to go through the stress of paperwork and dealing with their insurance" seems wrong, said Jaffee, who was motivated by advocate groups to work on the issue. "They are already victims of sexual assault, should they be forced to be victims of red tape as well?” The bill, which proponents hope will receive the governor’s stamp of approval in the near future, has raised some eyebrows at the Crime Victims Board, which recently voiced its concerns to the governor about the new legislation’s effect of eroding the direct relationship between victims and the Board. But according to general counsel John Watson, the Board does want to help solve the problem. “The Crime Victims Board has offered the governor a fair presentation of the facts and impact of the bill on the agency and we have shared our concerns," Watson said. "But, regardless of whether or not the legislation is enacted into law, if there are any shortcomings in the CVB’s current procedure, we want to work with the victim community and the legislature to address that." And while advocates are pleased with the progress represented by these new initiatives, they still see more to be done. Currently, the Alliance is working with the Greater New York Hospital Association and the New York Academy of Medicine to develop a citywide system that will further extend best care practices. The public-private partnership, known as SAFE NYC, is considering new transportation protocols that could entail moving victims of sexual assault from non-SAFE centers to SAFE centers, or enabling SAFE teams to travel and treat victims in emergency rooms without SAFE certification. Providing longer-term services – well beyond emergency care – is also an area to focus on next, says Lessel. Then there's the larger issue – exploring why sexual violence is so prevalent in the United States and how it can be prevented. Until then, Lessel says city agencies need to promote greater awareness about sexual violence and continue to work together to improve the services currently available. “It’s about wanting people to pay attention to a subject they normally don’t want to because it’s unpleasant. If people don’t know what’s available, they won’t care if it gets the funding," she says. - Kalyn Belsha Go to this article on City Limits WEEKLY » ← previous article | next article → |
Voices and Faces:
Bonnie Quillin
"I was raped thirty years ago. There was so much shame then, and there still is now. But when I started to talk about it, it freed me."
Read more about Bonnie at The Voices and Faces Project »
SAYSO 2008 Album 7
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