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Seeking medical care is important, regardless of whether you choose to report the assault to your local law enforcement. You CAN receive medical care for a sexual assault WITHOUT reporting the assault to law enforcement if you are over the age of 16. You can also receive a medical forensic examination for a sexual assault WITHOUT health insurance. Georgia law (O.C.G.A. 17-5-72) states that a victim has the right to a medical forensic examination regardless of whether they participate in the criminal justice system or cooperate with law enforcement. Further, the victim shall not be required to pay, directly or indirectly, for the cost of the exam. The Georgia Crime Victims Compensation Program should be billed directly for all expenses related to a forensic medical examination.
Medical attention may include a physical exam to gather evidence, treatment for sexually transmitted diseases, and other medication as necessary. You can choose to receive care from a hospital emergency room immediately after an assault, and if necessary, you may call 911 to transport you to the nearest hospital. You may also choose to utilize your local health department or private physician. If you suspect you may have been drugged, be sure to inform your care provider and request that tests be run on your urine sample. |
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Local Medical FacilitiesEMERGENCY SERVICES: 911
Piedmont Columbus Regional Hospital: Midtown Campus: 706.571.1000 Piedmont Columbus Regional Hospital: Northside Campus: 706.494.2100 Martin Army Hospital 706.544.2273 St. Francis Hospital 706.596.4000 Jack Hughston Memorial Hospital 334.732.3000 |
*Try not to bathe, shower, douche, go to the bathroom, or change clothes before the medical exam. If you cannot wait to go to the bathroom, try to collect a urine sample to take with you to the hospital*
What is a Medical Forensic Examination (Rape Kit)?
DNA evidence from a crime like sexual assault can be collected from the crime scene, but it can also be collected from your body, clothes, and other personal belongings. You may choose to have a sexual assault forensic exam, sometimes known as a “rape kit,” to preserve possible DNA evidence and receive important medical care. You don’t have to report the crime to have an exam, but the process gives you the chance to safely store evidence should you decide to report at a later time.
What is a rape kit? You may have heard the term “rape kit” to refer to a sexual assault forensic exam. The term rape kit actually refers to the kit itself—a container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam. A rape kit may also be referred to as a Sexual Assault Evidence Kit (SAEK). The contents of the kit vary by state and jurisdiction and may include:
Preparing for a sexual assault forensic exam: If you are able to, try to avoid activities that could potentially damage evidence such as:
It’s natural to want to go through these motions after a traumatic experience. Even if you have done any of these activities, you can still have an exam performed. Evidence may still be able to be collected. You may want to bring a spare change of clothes with you to the hospital or health facility where you’re going to have the exam. If you are not able to, the SASC can provide a change of clothing for you.
The national guideline from the International Association of Forensic Nurses (IAFN) recommends collection of forensic evidence within 120 hours/5 days. Place your belongings, including the clothes you were wearing, in a paper bag to safely preserve evidence if you are able to do so.
How long is the exam? The length of the exam may take a few hours, but the actual time will vary based on several different factors. It may be helpful to have someone to support you during this time. The SASC can provide an advocate to accompany and support you through this examination as well. Be aware that if you invite someone other than an advocate into the exam room, they could be called as a witness if you decide to report the crime.
What happens during a sexual assault forensic exam? The steps below outline the general process for the exam. Remember, you can stop, pause, or skip a step at any time during the exam. It is entirely your choice.
Who can perform the exam? The hospital contacts the sexual assault forensic examiner (SAFE/SANE) or other appropriate medical staff (physician, physician assistant, nurse practitioner) to conduct the sexual assault forensic medical exam.
Why should you consider having a sexual assault medical forensic exam?
How long will the evidence be stored?
***UPDATE*** On May 7, 2019, Governor Kemp signed new legislation where evidence will be preserved for up to 50 years: For more information, click here. As soon as it takes effect on July 1, 2019, we will update this area.
In Georgia, law enforcement must take possession of the evidence no later than 96 hours after being notified. Within 30 days of taking possession of the evidence, the law enforcement agency must submit it to the Georgia Bureau of Investigation (O.C.G.A. §35-1-2: when a victim has requested that law enforcement officials be notified, the person performing the forensic medical examination, or his or her designee, shall notify the appropriate law enforcement agency that evidence has been collected. The law enforcement agency must take possession of the evidence no later than 96 hours after being notified. Within 30 days of taking possession of the evidence, the law enforcement agency must submit it to the Georgia Bureau of Investigation, which is responsible for testing the evidence for purposes of identifying the perpetrator).
According to Georgia law (O.C.G.A. 17-5-71), the investigating law enforcement agency is required to maintain any physical evidence relating to a sexual assault for 10 years after the report of the assault. However, if the victim does not cooperate with law enforcement in the investigation and prosecution of the case, then the investigating agency is only required to maintain the evidence for not less than 12 months from the date of collection.
This information has been provided by RAINN, GNESA, and the SASC.
What is a rape kit? You may have heard the term “rape kit” to refer to a sexual assault forensic exam. The term rape kit actually refers to the kit itself—a container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam. A rape kit may also be referred to as a Sexual Assault Evidence Kit (SAEK). The contents of the kit vary by state and jurisdiction and may include:
- Bags and paper sheets for evidence collection
- Comb
- Documentation forms
- Envelopes
- Instructions
- Materials for blood samples
- Swabs
Preparing for a sexual assault forensic exam: If you are able to, try to avoid activities that could potentially damage evidence such as:
- Bathing
- Showering
- Using the restroom
- Changing clothes
- Combing hair
- Cleaning up the area
It’s natural to want to go through these motions after a traumatic experience. Even if you have done any of these activities, you can still have an exam performed. Evidence may still be able to be collected. You may want to bring a spare change of clothes with you to the hospital or health facility where you’re going to have the exam. If you are not able to, the SASC can provide a change of clothing for you.
The national guideline from the International Association of Forensic Nurses (IAFN) recommends collection of forensic evidence within 120 hours/5 days. Place your belongings, including the clothes you were wearing, in a paper bag to safely preserve evidence if you are able to do so.
How long is the exam? The length of the exam may take a few hours, but the actual time will vary based on several different factors. It may be helpful to have someone to support you during this time. The SASC can provide an advocate to accompany and support you through this examination as well. Be aware that if you invite someone other than an advocate into the exam room, they could be called as a witness if you decide to report the crime.
What happens during a sexual assault forensic exam? The steps below outline the general process for the exam. Remember, you can stop, pause, or skip a step at any time during the exam. It is entirely your choice.
- Immediate care. If you have injuries that need immediate attention, those will be taken care of first.
- History. You will be asked about your current medications, pre-existing conditions, and other questions pertaining to your health history. Some of the questions, such as those about recent consensual sexual activity, may seem very personal, but these questions are designed to ensure that DNA and other evidence collected from the exam can be connected to the perpetrator. You will also be asked about the details of what has happened to you to help identify all potential areas of injury as well as places on your body or clothes where evidence may be located.
- Head-to-toe examination. This part of the exam may be based on your specific experience, which is why it is important to give an accurate history. It may include a full body examination, including internal examinations of the mouth, vagina, and/or anus. It may also include taking samples of blood, urine, swabs of body surface areas, and sometimes hair samples. The trained professional performing the exam may take pictures of your body to document injuries and the examination. With your permission, they may also collect items of clothing, including undergarments. Any other forms of physical evidence that are identified during the examination may be collected and packaged for analysis, such as a torn piece of the perpetrator’s clothing, a stray hair, or debris.
- Possible mandatory reporting. If you are a minor, the person performing the exam may be obligated to report it to law enforcement.
- Follow up care. You may be offered prevention treatment for STIs and other forms of medical care that require a follow up appointment with a medical professional. Depending on the circumstances and where you live, the exam site may schedule a follow up appointment, or you can ask about resources in your community that offer follow up care for survivors of sexual assault.
Who can perform the exam? The hospital contacts the sexual assault forensic examiner (SAFE/SANE) or other appropriate medical staff (physician, physician assistant, nurse practitioner) to conduct the sexual assault forensic medical exam.
- Sexual Assault Nurse Examiners (SANEs) — registered nurses who receive specialized education and fulfill clinical requirements to perform the exam
- Sexual Assault Forensic Examiners (SAFEs) and Sexual Assault Examiners (SAEs) — other healthcare professionals who have been instructed and trained to complete the exam
Why should you consider having a sexual assault medical forensic exam?
- It won’t cost you. You should not be charged for the exam. The Violence Against Women Act (See Georgia Code O.C.G.A. 17-5-52) requires states to provide sexual assault forensic exams free of charge if they wish to remain eligible for critical anti-crime grant funding. If you are charged for the exam, immediately contact the SASC.
- You can have time to decide if you want to report. The decision to report the crime is entirely yours. It may take some time to decide what to do. Having a sexual assault forensic exam ensures that the forensic evidence will be safely preserved if you decide to report at a later time.
- It increases the likelihood of prosecution. The importance of DNA evidence in sexual assault cases cannot be overstated. Not only does DNA evidence carry weight in court, but it may prevent future sexual assaults from occurring. Even if the perpetrator is not prosecuted, their DNA may be added to the national database, making it easier to connect the perpetrator to a future crime.
- Your health matters. Sexual assault can affect your physical health. You may have injuries and trauma related to the assaults that aren’t immediately visible. During an exam you may be able to access treatment for these injuries, receive preventative treatment for STIs, and obtain emergency contraception to prevent pregnancy. In the event that the hospital does not provide emergency contraception or you cannot afford prescriptions that may be prescribed to you, the SASC can help with obtaining the contraception and the financial costs of the prescriptions.
How long will the evidence be stored?
***UPDATE*** On May 7, 2019, Governor Kemp signed new legislation where evidence will be preserved for up to 50 years: For more information, click here. As soon as it takes effect on July 1, 2019, we will update this area.
In Georgia, law enforcement must take possession of the evidence no later than 96 hours after being notified. Within 30 days of taking possession of the evidence, the law enforcement agency must submit it to the Georgia Bureau of Investigation (O.C.G.A. §35-1-2: when a victim has requested that law enforcement officials be notified, the person performing the forensic medical examination, or his or her designee, shall notify the appropriate law enforcement agency that evidence has been collected. The law enforcement agency must take possession of the evidence no later than 96 hours after being notified. Within 30 days of taking possession of the evidence, the law enforcement agency must submit it to the Georgia Bureau of Investigation, which is responsible for testing the evidence for purposes of identifying the perpetrator).
According to Georgia law (O.C.G.A. 17-5-71), the investigating law enforcement agency is required to maintain any physical evidence relating to a sexual assault for 10 years after the report of the assault. However, if the victim does not cooperate with law enforcement in the investigation and prosecution of the case, then the investigating agency is only required to maintain the evidence for not less than 12 months from the date of collection.
This information has been provided by RAINN, GNESA, and the SASC.
GNESA also has a document regarding medical forensic examination protocol.
For Service Providers
Medical Forensic Examinations
The following information is provided by the Criminal Justice Coordinating Council (CJCC) & SASC
Medical Forensic Examinations (MFE) address the immediate needs of victims of sexual assault to ensure they get the help they need. MFEs also aid the criminal justice system by collecting valuable evidence. Victims may request a forensic medical examination at no cost to themselves regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime.
Under Georgia law, a victim must not be billed directly or indirectly for an MFE. Instead, organizations that provide these exams should submit requests for payment to the Forensic Medical Examination Program directly.
What a Provider Needs to Know
All of the following criteria must be met:
All of the following criteria must be met:
- The sexual assault must have occurred in Georgia on or after July 1, 2011.
- The program will pay for the cost of a FME up to $1,000 per victim, per victimization. See the FME Fee Schedule.
To Apply
Complete and submit a Complete Application Packet, which includes:
***Please Note: Beginning February 1, 2019 the Program will no longer mail Forensic Medical Examination award letters. Detailed Status information may be viewed on the Victims Comp Portal. If you are not registered for the Victims Comp Portal, please click here to register for access. If you have any questions, please contact us at 404.657.2222.
Complete and submit a Complete Application Packet, which includes:
- A Forensic Medical Examination Application for Payment
- An itemized bill, HCFA1500, UB92, or a UB04 claim form. Click here for an example.
***Please Note: Beginning February 1, 2019 the Program will no longer mail Forensic Medical Examination award letters. Detailed Status information may be viewed on the Victims Comp Portal. If you are not registered for the Victims Comp Portal, please click here to register for access. If you have any questions, please contact us at 404.657.2222.
Important Documents
- FME Policy and Procedures
- FME Application for Payment for Child Advocacy/Rape Crisis/Sexual Assault Centers
- FME Application for Payment for Hospital/Medical Centers
- FME Law Enforcement Verification Form
- FME Department of Family and Children Services Verification Form
- FME Itemized Bill Example
- FME Fee Schedule
- CPT Code/Description of Services Reference Sheet
To Further Assist Survivors
The victim may apply for benefits offered through the Georgia Victim's Compensation Program for other expenses incurred as a result of the victimization. Our Program Advocates are available to help with the application process.
Georgia Crime Victims Compensation Program Benefit Categories:
The victim may apply for benefits offered through the Georgia Victim's Compensation Program for other expenses incurred as a result of the victimization. Our Program Advocates are available to help with the application process.
Georgia Crime Victims Compensation Program Benefit Categories:
- Medical Expenses: up to $15,000
- Funeral Expenses: up to $6,000
- Counseling Expenses: up to $3,000
- Economic Support Expenses: up to $10,000
- Crime Scene Sanitization: up to $1,500
