Moving Away From “Rape Kits”

While “rape kit” is often heard in the media and on television crime shows, this term does not fully encompass the spectrum of care given in a medical forensic exam and may discourage individuals who do not identify with the term “rape” from seeking medical care.

“Medical forensic exam” (MFE) is a broad term used for specialized medical care following a disclosure or suspicion of sexual assault. There are many aspects of care that may or may not be included in the exam. Care (or medical actions) are determined by the patient’s history, choices, and risks versus the benefits from a medical standpoint. This term more accurately encompasses the spectrum of sexual violence, as well as the comprehensive care received during a medical forensic examination. However, it is not uncommon for people to use the term “rape kit” and it is important that professionals are able to provide accurate education about the medical forensic examination and evidence collection.

You cannot be refused a MFE if you want one and law enforcement does not authorize its use. Even if the assault occurred more than seven days ago, it is always a good idea to seek medical care from a trained practitioner who can support you and help you understand your options.

MFEs are best performed within seven days of the assault if you would like to have evidence collected. During the exam, the nurse will ask you about what happened and collect any potential evidence from your body. This process can take a few hours and it moves at a pace comfortable to you. The nurse will explain each step before they do it, and you can agree to or decline any part of the exam you don’t like. The evidence collected is stored in an envelope (a “kit” or “sexual assault forensic evidence collection kit”) and given to the law enforcement. Whether law enforcement is given your contact information is determined by the type of report you choose.

Survivors in Colorado have the right to report anonymously and protect your privacy. However, if you make contact with a law enforcement officer before knowing this, then this right is lost. Therefore, it is important that you are aware of this.

For Friends and Families

As a supporter to the survivor it is important to understand that, because of the stigma and shame survivors may be feeling, they may need time to process their experiences and may not feel 100% comfortable opening up about everything that happened. Therefore, the best option would be to encourage them to seek support and assistance from resources specializing in sexual assault trauma. Take a look at this resource map to find a confidential sexual assault advocacy program near you and/or some 24/7 help line numbers you or a survivor can call for assistance.

One main barrier in deciding to seek medical care after a sexual assault can be paying for the medical care. Survivors may be concerned that seeking medical care will mean that their privacy will not be protected as they may have to give out their insurance information. However, there are several different entities that cover portions of the cost of the MFE including: law enforcement, Colorado’s Crime Victim Compensation, the state Sexual Assault Victim Emergency Payment Program (SAVE), or the survivor’s health insurance.

There are two parts to the MFE bill. The first part is the evidence collection portion of the MFE. This is paid for by law enforcement or the SAVE fund. The hospital will bill these agencies directly for the evidence collection portion of the MFE. A survivor should never receive a bill for this, as state and federal law mandates survivors cannot be charged directly or indirectly for this portion.

The second part of the MFE is all the medical care a survivor receives after a sexual assault. This can vary from emergency room charges, to CAT scans, to medications and other things. These bills are sent to different places, based on the type of report a survivor makes (see the reporting options page).

Anonymous or Medical Reporting (Colo. Rev. Stat. § 18-3-407.5 (b)):

• The SAVE fund covers the cost of evidence collection and most associated medical costs related to the medical care a survivor receives after an assault. If you have health insurance that can be billed for the non-evidence collection related costs, it will be unless you specifically request it not be.

• It is important to note, the SAVE fund cannot reimburse survivors. If you do receive medical bills, please contact the medical facility you where you received care before paying anything. A community-based victim advocate can also help you navigate the payment process.

Report to Law Enforcement (Colo. Rev. Stat. §18-3-407.5(1)):

• The evidence collection portion of the medical cost must be billed to the law enforcement agency in the jurisdiction where the crime occurred.

• If you have health insurance that can be billed for the non-evidence collection related costs, it will be unless you specifically request it not be.

• You can apply to Colorado’s Crime Victim Compensation to cover the expenses beyond evidence collection. A law enforcement or community-based victim advocate can assist you with applying to this program.

• If you do not have evidence collected but do choose to report to law enforcement, then you would also be eligible to apply for Colorado’s Crime Victim Compensation to cover medical expenses. A law enforcement or community-based victim advocate can assist you with applying to this program.