Jane Doe Rape Kit Act:

Jane Doe Rape Kit Act: Meeting the Challenge

Objectives: • Gain a better understanding of the Violence Against Women Act thru • Historical perspective • Overview of evidence collection for “Jane Doe” • Current legislative direction in Texas • Discuss the effects of VAWA and its recent changes • Options for victims • Return to your communities and assist with implementing a plan of care to address these special needs patients.

Violence Against Women Act of 2005 • Directed towards provision of services • Education • Crisis Services • Funding for certain services • Victims rights • Military provisions • Protocol for evidence collection

Violence & Trauma in Texas: 2006 • 120 persons lost their lives to domestic violence/ trauma • 186,868 documented family violence events • 16,968 children required emergency shelter (not counting those sent to other family members)

Sexual Assault Response Teams • Law enforcement • Hospitals • SANE’s • Advocacy (Rape Crisis) • Prosecution • Victims Assistance

Evolution of “Jane Doe” • Military Response • Required training of combined military forces • Use of SARC • Restricted vs. Non-Restricted reporting

“Anonymous Reporting” • Victim has the right to a medical forensic exam at NO cost to the victim. • They are not required to notify or cooperate with law enforcement.

Effects on the Emergency Department • Must have a written plan to provide for services • Patient does not have to be transferred if SANE is not available • Who will perform the forensic medical exam in the absence of a SANE? • Who will pay if law enforcement does not? • How will the evidence (Kit and clothing) be stored and monitored?

One plan shared • Williamson County Sexual Assault Response Team (SART) • Began discussions in February 2008 • Stakeholders represented different interests • Team approached task with victims in mind • December 2008: Protocol written and approved • January 16, 2009 first “Jane Doe” case presented to local ED.

Lessoned learned • Importance of establishing common goal • Communication • All stakeholders hold equal vote • Victim, patient, survivor centered

Plan • Sexual assault algorithm • Training for ED nurses and doctors • Provision for caring for SA patients • Involvement of Rape Crisis Center • Dual registration • Medical record • Forensic record • Cold storage with security measures • Chain of custody • Limitations on storage

Shared experience 45 days in • Many more victims than expected • More likely to have exam with evidence collection if they don’t have to report to LE. • Failure to report to LE leave nurse with the emotional responsibility • Law enforcement key component to successful closure.

In Closing • Carefully consider how these trauma victims will be managed • If you do not have a SANE program, insure that you are in Federal compliance • Failure to comply could cost Texas millions in STOP Grant funding.

Questions: 512-422-8502 vbarefoot@hotmail.com Vangie Barefoot RN, BSN, CA-CP SANE, CEN, SANE-A, CFN, CMI-II

Jane Doe Rape Kit Act: