October 17, 2007
Woman Files Suit for Rape Kit Denial at Area Hospitals
In the department of that sounds completely and utterly effed up, via Feministing, a 19 year-old woman who attends Howard University is suing the District, Howard University Hospital and GW Hospital after being denied treatment on the night of and morning after her rape because she "appeared intoxicated."
The GW Hatchet reports that the woman says that during an off-campus party near Howard in December 2006, the plaintiff was given a date-rape drug that rendered her semiconscious, and she was then allegedly anally raped by someone at the party.
Immediately after, she went to Howard University Hospital with two witnesses, who escorted her to the emergency room. It was there that because she "appeared intoxicated," -- which hey, we don't know, might have been due to the date rape drug? -- the plaintiff was denied a rape kit by doctors and sent home.
She went back to the same ER the next morning and was denied a rape kit a second time. At this point the woman contacted the police, who also said they thought rape kit was unnecessary.
"A sexual assault kit is for police to recover evidence," said Sergeant Ronald Reid of the MPD Sex Assault Unit. "So if we don't have reason to believe a crime happened we wouldn't administer a rape kit."
GW Hospital comes into the picture now, as the plaintiff, still feeling strongly that a rape kit was in her best interest, continued to seek medical treatment by going to their ER. A doctor at GW, after examining her court records from the call to police, said he would not perform the rape kit either, since the police and Howard had also denied.
Now, there's a weird typo at the end of the Hatchet story that makes it unclear what common hospital policy is about doing a rape kit if a woman is visibly intoxicated. But even if, let's say, it turns out most hospitals refuse to give intoxicated women rape kits -- doesn't that seem like something that ought to change, oh, right away? The idea that a woman can be denied a routine exam used to collect evidence in a criminal case because of the drug she inadvertently took that led to her becoming a rape victim is just completely insane. For that matter, the idea that a woman who just had a few drinks at a bar and then was raped would be denied medical treatment is just as abhorrent. Even if she could barely stand and was vomiting everywhere as a result of the date rape drug, why was she denied the kit the following morning, when evidence could still have been successfully collected? Why would the police assume no crime was committed before they had even bothered to look for any evidence?
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i am feeling paralyzed by OUTRAGE - can this be true???
OUTRAGE OUTRAGE OUTRAGE
This is utterly despicable, and I really hope that there is something more to this story than what we are being told, if not, I hope this girl takes them for all they're worth.
WHAT?!?!?
wow, that is an amazingly horrible policy.
If true, this needs to be a big story.
This is yet another reason why so many sexual assaults go unreported and unpunished. What hospital employee could think this was a proper course of action?
Probably the same hospital employees at Howard who helped murder David Rosenbaum by not giving him emergency treatment after being assaulted. They thought he was drunk too.
Grape!
Laura Sessions Stepp is probably grinning like an idiot right about now.
Fucking despicable! Of course we wouldn't have this problem if assholes would stop forcing women to have sex against their will.
Without making presumptions, it sounds like we're only hearing part of the story. There's lots of vague-aries that need to be cleared up in a court of law.
I get the impression from this story and others I've heard, that Howard is a really shitty hospital, but I always thought that GW was one of the best in the city.
Wow, it seems like a rape kit should happen if a crime is even remotely SUSPECTED... the hospital staff isn't a jury, and shouldn't be deciding whether or not it's rape. Even if the kit doesn't get used, why not make sure the evidence is there just in case? Ridiculous.
This hospital policy is unacceptable!
if you want to get even angier, look into the number of rape kits that go unprocessed due to lack of funding.
You can thank Crystal Gail Mangum for this.
GW is a great hospital if your name is Ronald Reagan. Otherwise it's a major dice roll.
Moreover, why the hell hasn't the Post or the Examiner done a story about this? Why are we reading about it in a student newspaper?
I am horrified. I am sick and monstrously horrified.
To the young woman who has been suffering through this, our hearts go out to you. No matter WHAT the circumstances you should have been treated delicately and with RESPECT. I am so sorry this has happened to you.
DCist, well done. Sommer, this is an important post and I offer you kudos for writing this well.
PG County Hospital was similarly dismissive when I visited its ER several years ago for a parallel situation. I wish I'd thought of a lawsuit.
I've long since abandoned the hope that the Post contains any useful, informative local news.
"Gina Scaramella, a spokesperson for the Boston Area Rape Crisis Center, said a person cannot consent to a rape kit if they are intoxicated. She added the plaintiff should have been able to receive treatment the following morning."
So, is this standard procedure when the woman appears intoxicated . . . even at Rape Crisis Centers? I wonder what the rationale is.
What the hell is wrong with these people??? I mean don't these people have any common sense or common decency?
I think the girl should get every dollar she asks for and more.
And every doctor, nurse, police officer, etc. who refused her the rape kit should be fired and put in jail so they can be anally raped themselves! These people get what they deserve!
I'm also appalled at Scaramella's statement. Considering a lot of reports of rape happen when a woman is intoxicated, that throws out any possibility of getting evidence collected for a lot of cases, doesn't it? Especially in cases of roofie-related rapes? I wonder if she was misquoted.
Let's also not forget the fact that if a woman is intoxicated, she is legally unable to give consent for sex in the first place, so technically, having sex with a woman who is intoxicated is rape by default and therefore a crime.
This is disgusting and I hope it gets further attention.
We need to start doing some serious protesting.
The whole system here is appalling. People need to start being held a lot more accountable for their actions and maybe start taking some lessons in morality.
Is there any update on this? anywhere? Is the hospital even denying it?
This is one of those cases I wish I had pursued a career in law. I'd handle this case pro bono.
GW is also just super if you're Dick Cheney. All others, good luck.