Anonymous Reporting Webinar

Transcription

1 Anonymous Reporting Webinar For more information please contact: Charnessa Ridley 811 Spring Forest Road, Suite 900 Raleigh, NC

2 The North Carolina Coalition Against Sexual Assault is an inclusive statewide alliance working to end sexual violence through education, advocacy, and legislation.

3 Today s Presenters VAWA Administrator, Governor's Crime Commission Sgt. Darrell Price- Retired Charlotte/Mecklenberg Police Department Cathy Rossi, RN, FNE, DVNE, SANE-A, SANE- P - SANE Program Coordinator, Cone Health System

4 A note on Language and Acknowledgment She as the victim and he as the perpetrator Research shows us that about 90% of victims are women and the majority of perpetrators are men Not all women are victims Not all men are perpetrators Men are victims Women are perpetrators

5 What is the Mission of the Violence Against Women Act or VAWA? The Violence Against Women Act, known as VAWA, is a comprehensive legislative package designed to end violence against women by assisting states toward improved criminal justice system-responses for victims. It was established in 1994 and reauthorized in both 2000, and VAWA is currently awaiting reauthorization once again. This can impact the manner in which the act is implemented at the state-level. The Office on Violence Against Women, OVW, was created to implement VAWA and subsequent legislation that govern federal funding to the states

6 VAWA 2005 The Violence Against Women Act Governs federal compliance in victim services, law enforcement, prosecution and courts in the purpose areas of: Domestic Violence Dating Violence Sexual Assault Stalking The Reauthorization Act of 2005 (VAWA 2005) amended the STOP Grant Formula statutory certification requirement, so that a state shall not be entitled to STOP Program funds unless they are compliant, as required by the act, in the above purpose areas.

7 Reauthorization VAWA 2005 Forensic Compliance Mandate Nothing in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such exam, or both. 42 U.S.C. 3796gg-4(d)

8 Why the Change to the Violence Against Women Act? Up to 84% of all sexual assaults go unreported-increasing the reporting increases victims access to heath care. Forensic evidence collection is time-sensitive. Acute emotional trauma inhibits the trauma victims decision making capacity How does VAWA compliance help victims in cases of sexual assault? This allows the victim time to decide whether to pursue the case, while still obtaining medical treatment and collecting important evidence in a timely manner.

9 The Ultimate Goal: To assist victims of sexual assault by meeting their physical and emotional needs to become survivors. To hold perpetrators accountable through prosecution and sanctions such as; restitution, retribution and/or incapacitation. To Increase reporting To decrease the crime of sexual assault

10 Who MUST know this info? Hospitals Billing department First contact (Triage nurse? Front desk?) Law Enforcement Responding Officers Rape Crisis Centers Volunteers Victims

11 July 2009 House Bill 1342 N.C. Gen. Stat. 143B Assistance Program for Victims of Rape and Sex Offenses Standard payment (paid from the Rape Victims Assistance Program) Physician or SANE Nurse $ Hospital/Facility Fee $ Other Expenses Deemed Eligible by the Program $ Total: $800.00

12 What does Anonymous Reporting in NC look like?

13 Survivor Benefits The victim has the option of talking to police. The victim can talk to police after the typical evidence collection timeline has expired (5 days). The patient is in a state of crisis during the evidentiary examination process. Complex decision making and true informed consent can be difficult.

14 Why is this a good thing? The ultimate goal of this legislation is to provide victims of sexual assault timely access to a forensic medical exam, regardless of law enforcement involvement.

15 Anonymous Reporting: Healthcare Prospective

16 Policy and Procedure Why is a formal policy or procedure necessary? Additional Paperwork: Informed consent for Anonymous Evidence Collection Anonymous Report Form In healthcare, policies and procedures are not only required for the hospital or facility to stay accredited but are also directly related to the consistency and quality of care a patient receives. Anderson, Chris. Why Do You Need to Write Procedures?, Bizmanualz, November 12, 2007

17 MOU Storage and chain of custody transfer Which agency will pick up anonymous kits? Are they available 24/7? If not, do you have a secure location evidence can be stored until transfer can occur?

18 Additional Supplies: Paperwork Shipping box w/chain of custody label Postage paid shipping label Envelope to enclose paperwork Packaging tape Evidence Tape Bubble wrap Biohazard bags

19 Additional Considerations Discharge Planning: Patient should receive a copy of their signed consent form Patient should be aware of how to access the legal system should they chose to disclose Patient should be aware of time constraints for evidence storage and investigative purposes Minor patients involving custodial abuse are still considered mandatory reports.

20 Anonymous Reporting: Law Enforcement Prospective

21 Law Enforcement Responsibilities When a call is received from a medical facility indicating that they have an Anonymous Kit for Pick Up. Respond to the facility and collect the Kit. Transport the Kit to the local U.S.P.S. Sign the Chain of Custody form. Transfer Kit to U.S.P.S. personnel.

22 Law Enforcement Responsibilities Continued In the event that the Postal Center is closed: Have the responding officer transport the kit to the departments secure evidence room. Sign the Chain of Custody form. As soon as the Postal Center re-opens have an officer transport the Kit to the center, sign the chain of custody form and deliver the kit to U.S.P.S. personnel.

23 Reporting If the victim decides to report the offense she will either report back to the medical facility or contact the local police department. Obtain a medical release form from the victim. Contact the medical facility and insure that a kit has been collected. Prepare the proper police report. Contact L.E.S.S. and have kit sent to S.B.I. for analysis. Conduct investigation.

24 Determining if the victim is an anonymous case. Information flow with the medical facility. HIPAA Potential Issues Time between kit collection and reporting. Postal Service times/ secure evidence storage. Collection of kit after reporting

25 Helpful Resources NCCASA - (919) Governor s Crime Commission -(919) Rape Victims Assistance Program (919) Law Enforcement Support Services (LESS) 919)