Anonymous rape exams to be offered

Starting next year, rape victims across the country who don’t want to go to police can undergo an emergency-room forensic rape exam, and the evidence gathered will be kept on file in a sealed envelope in case they decide later to press charges.

The new federal requirement that states pay for “Jane Doe rape kits” is aimed at removing one of the biggest obstacles to prosecuting rape cases: Some women are so traumatized they don’t come forward until it is too late to collect hair, semen or other samples.

Spokane police hadn’t heard of the program, but sexual assault detectives consider it a great option.

“Right now if rape victims don’t talk to us, we can’t get one (forensic rape exam),” said Spokane Police Det. Jan Pogachar, who works in the sexual assault unit.

Carey Goryl, executive director of the International Association of Forensic Nurses said, “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.”

Emergency rooms typically use a “rape kit” to collect evidence for use by police and prosecutors. It consists of microscope slides, boxes and plastic bags for storing skin, hair, blood, saliva or semen gathered by a specially trained nurse. The victim’s injuries are also photographed.

What makes a Jane Doe rape kit different is that it is sealed with only a number on the outside of the envelope to identify the victim. Police do not open the envelope unless the victim decides to press charges.

The FBI has recommended such an option since at least 1999.

“The idea is to collect the evidence now, while it’s still there,” said Scott Berkowitz, president of the national Rape, Abuse and Incest National Network.

The new requirement applies only to adult victims. Hospitals and doctors must still report incest or abuse involving children to the police.

The practice is already followed at some health clinics, colleges and hospitals around the country and by the state of Massachusetts. But many other jurisdictions refuse to cover the estimated $800 cost of a forensic rape exam unless the victim files a police report.

The new requirement is “a good thing,” said Patty Wheeler, Spokane YWCA’s director of domestic violence.

Beginning in 2009, states will have to pay for Jane Doe rape kits to continue receiving funding under the federal Violence Against Women Act, which provides tax dollars for women’s shelters and law enforcement training. States will decide how many locations will offer anonymous rape exams and how long the evidence should be kept.

In Spokane, it’s not clear who would be assigned to keep the rape kits, since police say the forensic exam would require a police report if it’s going to be stored in the police property room, authorities said. Other possibilities are hospitals or social service agencies.

The federal Office on Violence Against Women has provided funding to the Maryland Coalition Against Sexual Assault to provide assistance to states as the federal program is implemented, officials said. States that need technical assistance can contact the Maryland group at (410) 974-4507.

According to the U.S. Justice Department, 272,350 sexual assaults were reported in 2006. The same survey estimated that only 41 percent of rapes and other sexual assaults are reported to police.

“Many times, you have people who were drunk, maybe doing drugs, maybe they’re underage, and you start talking about the police and they get scared,” Bean said. “So, sometimes it’s not until long after they’re willing to report, at which point of course any physical evidence is gone.”