daredevilkink | Discussion/Off-Topic Post #1

Is anybody familiar with American/New York laws pertaining to rape/sexual assault, specifically to hospital protocol and whether/when police would get involved?

I'm trying to figure out if the hospital protocol changes for rape victims who come in on their own to report a rape and/or to get a forensic exam done, versus someone who's brought in via ambulance and who has been severely injured and is possibly unconscious. Would they collect partial evidence before surgery? Or would they still wait until the victim was conscious to gain written consent?

I'm also wondering if police would be called by the hospital if the victim was disabled (spoiler: it's Matt). I've tried to find literature on this, but mandated reporting mostly alludes to abuse of minors, the elderly, and people with cognitive or mobility disabilities, so I don't know if the hospital would go over Matt's head like that and contact police without his consent.

Also, does the American/New York State legal system differentiate between sexual assault and aggravated sexual assault (i.e, committing a sexual assault that wounds, maims, disfigures or endangers the life of the victim)?

anyone?

As far as I understand, evidence can be collected from an unconscious victim under the banner of "implied consent," (the same way there's "implied consent" that the victim wants the doctors to perform life-saving surgery on them, whereas normally someone would have to sign a consent for form).

However, the hospital is not allowed to release the rape kit to police, and they must destroy the rape kit if that's what the victim tells them to. The hospital might also choose to wait until the victim regains consciousness to let them decide, as forensic evidence can usually be gathered within 5 days of a sexual assault. There are some ethical issues surrounding this and not every hospital will make the same choice. The victim must give consent for forensic exam, as well as physical exam, pictures, whether their clothes are taken, testing for HIV or drugs, etc.

As for the police, unless the adult victim has been shot, stabbed, burned, or is part of a "vulnerable group" (as you said, elderly, a minor, or someone with a cognitive disability, or someone that's being care for by a caretaker), there's no reason for a hospital to contact police without the victim's consent. That's really illegal. (A victim can still do a rape kit and/or speak with the hospital's rape crisis advocate/councillor and still choose not to speak to police. The advocate can't speak to police or anyone else about what the victim says without the victim's consent either).

Thanks! :-D

One more question though. Is calling 911 considered the same as reporting a rape to the police?

Like, if Foggy called up 911 and said "I think my friend's been raped," the police would be obligated to respond (along with paramedics), right?

I mean, Matt's not obligated to actually talk to them, but wouldn't that make police involved at least initially? y/n?

Yes

^NAYRT

FYI, but the 5-days-post-sexual-assault deadline for gathering evidence is only for vaginal rape. Evidence for anal or oral rape is only considered viable up to 20 hours after the assault.

Matt isn't a vulnerable adult, but a hospital employee could easily claim him as such for reasons kind, malicious, or stupid.
With his disability and speech impediment, he'd be /very/ lucky to get the cops/social workers to fuck off without Foggy or another third party vouching for his mental capabilities.

DA

Matt has a speech impediment?

nayrt

He stammers, and sometimes he seems to struggle to get words out.

Yep. Ymmv whether it's a 'realism in writing' thing (does anyone else do it?) or something specific to either the character or the actor. Anons with their own speech difficulties generally seem to have claimed him as one of their/our own.

AYRT. Oh right. The struggling to get words out didn't register with me as a speech impediment as I do it a bit too and well... I've not thought of it as a speech impediment? Makes sense though.

NA

I do as well and I've never considered it a speech impediment (my brain just goes a lot faster than my mouth), but given that Matt is blind, I think it would be a lot more of an issue for him.

He has a bit of a lisp too. (or else, it's just Charlie struggling with the American accent)

Discussion/Off-Topic Post #1

Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

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Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)

Re: Need advice with Hospital & Law Stuff (tw: sexual assault/rape)