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

[(Anonymous)]

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).

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

[(Anonymous)]

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?

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

[(Anonymous)]

Yes

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

[(Anonymous)]

^NAYRT

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

[(Anonymous)]

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.