Rape victims are finally catching a break. A new federal mandate that goes into effect in 2009 will allow rape victims to undergo a forensic rape exam in a local emergency room without going to the police. The evidence will be sealed and kept on file in case they decide to press charges. Many rape victims are too ashamed or afraid to go to the police right away. Often, victims are too traumatized to come forward until it is too late to collect evidence. Prosecutors say lack of evidence is one of the biggest obstacles to prosecuting rape cases.
"Sometimes, the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," explained Carey Goryl, executive director of the International Association of Forensic Nurses.
Under the federal Violence Against Women Act, states will be required to pay for the anonymous $800 rape exams, dubbed Jane Doe rape kits. States will decide where the exams will be offered and how long evidence will be kept. Identified by number to protect the victim's privacy, the evidence will only be provided to police if the victim decides to press charges.
In California, rape is most often charged as a felony. There are three types of rape:
- Statutory rape is a sexual act with a minor under 18.
- Date rape is a forcible sexual act between two people who know each other during a social engagement.
- Spousal rape is forced sex without the consent of the spouse.
-Lega
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