Care for rape victims inadequate, says DA

By Alex Garrison, Brandon Sayers

Monday, September 28, 2009

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Michelle Sprehe

On Sept. 19, four victims of sexual assault went to Lawrence Memorial Hospital looking for treatment. They also went to have evidence of their attacks collected. While all four were treated for injuries, the short-staffed hospital told two of the victims, both KU students, that they would have to travel elsewhere for the evidence collection that is necessary to prosecute an attacker.

Douglas County District Attorney Charles Branson criticized the hospital for this act in a letter sent to the hospital and members of local government last week.

The first entry of the Kansas Victims’ Bill of Rights, K.S.A. 74-7333, reads…

1. Victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.

Here are some resources that can help victims of sexual assaults reduce inconveniences when reporting these types of crimes:

If you are the victim of a sexual assault and you have an emergency, always dial 911.

Here are the non-emergency phone numbers for local police agencies:

University Public Safety Office (non-emergency)- (785) 864-5900

Lawrence Police Dept (non-emergency)- (785) 832-7509

Lawrence Memorial Hospital- (785) 749-6162- Provides medical treatment and rape examinations around the clock. For more information go to www.lmh.org

Watkins Memorial Health Center- (785) 864-9500- Provides rape examinations and a variety of health and mental counseling services during regular operating hours. For more information go to www.studenthealth.ku.edu

GaDuGi 24 hour support- (785) 841-2345- Provides around the clock support for victims of sexual violence and their families/loved ones. Ask for a Rape Victim-Survivor Service (RVSS) Advocate. Victims can file anonymous reports of sexual assaults with the group if they chose not to report through police. For more information go to www.gadugisafecenter.org

Emily Taylor Women’s Resource Center- (785) 864-3552- Provides informational services regarding issues on sexual violence. For more information go to www.etwrc.ku.edu

The University’s annual security report and information on other safety services for students can be found at www.ku.edu/safety

“It takes great courage for a survivor to come forward,” Branson said in the letter. “For them to suffer yet another indignity at being turned away from the emergency room is unconscionable.”

The victims turned away, including the student who reported she was raped in her Oliver Hall room, were told after several hours of treatment and waiting that they would have to go to a hospital in Topeka to have doctors collect the evidence needed to prosecute a suspect.

Chelsea Mertz, Topeka senior, is a trained volunteer advocate with the GaDuGi SafeCenter, 2518 Ridge Ct. #208, a Lawrence advocacy organization for victims of sexual assault. Advocates are called in cases of rape or sexual assault to provide support to victims throughout the examination process. She said that she has been present on several occasions when a victim she was working with was turned away because of staff shortages.

“We have had several cases where victims can’t drive themselves or police officers were unavailable and they have gone unexamined,” Mertz said.

Janice Early-Weas, director of community relations for Lawrence Memorial Hospital, said only one certified nurse was on hand that day and the victims were sent to other locations where service could be more effectively provided.

“We believe that to ensure the legal case and to provide the best care, these nurses need to be trained properly,” Early-Weas said. “When one of the trained nurses is not available, we send people to someone who is.”

Branson said a Sexual Assault Nurse Examiner, or a SANE, was preferred for the collection of sexual assault evidence. SANEs undergo a 40-hour training session and period of observation. Early-Weas said the hospital currently had five certified SANEs on staff.

On Sept. 19, only one SANE was available to collect evidence. The other four certified nurses were out of town or unavailable for reasons unknown to Early-Weas.

The SANE available on that day had already completed one rape examination that lasted more than five hours. She was completing another examination when the two other victims arrived for treatment. They waited several hours before being turned away. Mertz said this was often the case.

“If the SANE person is off-call, they must be called in,” she said. “It is very often a lengthy process.”

Early-Weas said the hospital never wanted to send patients to other locations, but that this transfer was recommended because it was in the best interest of the victim.

Early-Weas reported that 35 victims came to the hospital for collection of sexual assault evidence in 2008. Of these, six were transferred to other locations for better service.

Through August of this year, 39 victims of sexual assaults came to the hospital for collection of evidence. Four of these victims were transferred to other locations for better service.

In his letter to hospital leaders, DA Branson said the hospital should take precautions to ensure that victims of sexual assaults are not further humiliated during treatment and rape examinations.

“I do not believe transferring a patient to another hospital is ideal,“ Branson said. “There can be additional trauma to the victim when they report to the hospital and then must go to yet another facility.”

Branson also said a delay in examining the victim can result in a loss of evidence.

Branson said the hospital may transfer victims of sexual assaults to other locations if their injuries were exceptionally traumatic or if the hospital thought service could be provided best elsewhere. The hospital refers any victims who are younger than 14 to Children’s Mercy Hospital in Kansas City, Mo. Occasionally, local police will provide transportation, but it is on a case-by-case basis. Mertz said that one victim was transported by University police while the other was transported by a family member.

Branson and Gene Meyer, president of Lawrence Memorial Hospital, met Thursday to discuss the district attorney’s concerns.

“The hospital acknowledged they do not have full coverage for these issues,” Branson said. “We agreed to work together to address the problem.”

Early-Weas said the hospital was working to ensure that more nurses were available who are qualified to collect sexual assault evidence and that an additional SANE would be available in about two weeks. Other nurses in the hospital had volunteered to undergo the training necessary for this type of certification.

“We’re going to step up our efforts,” Early-Weas said.

In his letter to hospital leaders, Branson said it would even be preferred that nurses without SANE certification conduct rape examinations if SANEs are not available.

Elise Higgins, Topeka senior and president of the University’s Commission on the Status of Women, said the group first heard about the issue a few days ago and was happy to hear a public official took action to make improvements.

“I think that it is unacceptable that rape victims are turned away, especially when that situation is so time sensitive,” Higgins said.

Higgins also said she thought these incidents showed a lack of compassion for victims of sexual assaults.

“For a woman that has just been sexually assaulted, nothing could be more detrimental to her physical and emotional wellbeing,” Higgins said.

Higgins said she thought the hospital generally provided exceptional care, but she said she thought they could improve the way they handled the treatment of rape victims. She said she thought victims would be less likely to seek care at another location if they had already been turned away from one hospital.

Early-Weas said she hoped that the recent news of these issues would not discourage women from pursuing treatment at the hospital.

Kathy Guth, registered nurse with Watkins Memorial Health Center, said resources were available on campus for victims, who often struggled with knowing what to do and where to get help after such a traumatic experience.

“Women don’t know where to go, but students should know we are available,” said Guth, who is SANE certified.

Watkins provides evidence collection and refers sexual assault victims to other campus services such as the KU Public Safety Office, Counseling and Psychological Services and Student Legal Services — but only during regular business hours.

Guth said she applauded Branson’s letter to the hospital and community officers taking the initiative to address gaps in services to sexual assault victims.

“It’s a topic that’s just not talked about,” Guth said.

One in four college-aged women will be the victim of an attempted or completed rape in her lifetime, according to national statistics cited by Kathy Rose-Mockery, director of the Emily Taylor Women’s Resource Center, 1301 Jayhawk Blvd., Rm 400.

Sarah Jane Russell, executive director of GaDuGi SafeCenter, said Branson’s accusations were an opportunity for the community to ask the hospital and the community as a whole, “Are we doing the best job we can do to help sexual assault victims?”

— — Edited by Brenna M. T. Daldorph

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