Accusers Say They Were Denied Rape Kits|ABC 7 News

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Accusers Say They Were Denied Rape Kits

posted 5:59 pm Fri November 02, 2007 -

tags: mccarren • rape • kit • date

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SEVERAL RAPE VICTIMS WHO BELIEVE THEY'D BEEN SLIPPED DATE RAPE DRUGS HAVE TOLD ABC7 NEWS THEY WERE EITHER DENIED FORENSIC EVIDENCE KITS OR HAD TO FIGHT TO GET THEM ADMINISTERED. WITHOUT THE SO-CALLED RAPE KIT, A VICTIM IS POWERLESS TO PRESS CHARGES AGAINST HER ATTACKER.

ANDREA MCCARREN HAS MORE ON HOW THAT CAN IMPACT A VICTIM, AND POTENTIAL PROSECUTION.

Andrea on camera:

WHEN AN ALLEGED RAPE VICTIM GOES TO A LOCAL EMERGENCY ROOM, HOSPITAL WORKERS AND POLICE GENERALLY WILL -NOT- COLLECT FORENSIC EVIDENCE IF THE VICTIM APPEARS DRUGGED OR INTOXICATED. THAT'S BECAUSE, BY LAW, THE VICTIM MUST BE ABLE TO CONSENT TO THE MEDICAL PROCEDURE.

Story:

Tory Bowen, Alleged Rape Victim: "I always wonder, well maybe, just maybe if I was conscious, maybe I could have fought back."

TORY BOWEN SAYS SHE WAS RAPED BY A STRANGER SHE BELIEVES SLIPPED A DRUG INTO HER DRINK. SHE REGAINED CONSCIOUSNESS SEVEN HOURS LATER.

Bowen: "I had vomit encrusted in my hair and an unknown man was on top of me."

BY THE TIME SHE SOUGHT MEDICAL HELP, SHE WAS COHERENT ENOUGH TO CONSENT TO A RAPE KIT. BUT WITH DATE-RAPE DRUGS, OFTEN COMBINED WITH ALCOHOL, NOT EVERY RAPE VICTIM HAS THAT CHANCE.

Bowen: "It needs to be treated like it was a stranger coming out of the bushes with a knife. Because that's what it is. It's a knife that can't be seen. It's a gun that can't be heard. That's what date rape drugs are."

IN ONE CASE, A LOCAL COLLEGE STUDENT IS SUING HOWARD UNIVERSITY HOSPITAL AND GEORGE WASHINGTON UNIVERSITY HOSPITAL FOR DENYING HER A RAPE KIT, AND THE METROPOLITAN POLICE DEPARTMENT FOR FAILING TO AUTHORIZE ONE.

HER REQUESTS CAME AFTER SHE'D ALLEGEDLY BEEN DRUGGED AND RAPED AT A PARTY IN NORTHEAST WASHINGTON.

WITHOUT FORENSIC EVIDENCE, SHE CAN'T PRESS CHARGES AGAINST HER ATTACKER.

Bruce Spiva, Accuser's Attorney: "I think it's really outrageous."

BRUCE SPIVA IS THE VICTIM'S LAWYER.

Bruce Spiva, Accuser's Attorney: "Why in the world would you deny someone the opportunity, why would police deny themselves that tool, to try to gather evidence of a crime?"

THE EXECUTIVE DIRECTOR OF THE D.C. RAPE CRISIS CENTER SAYS IT'S ACTUALLY IN THE VICTIM'S BEST INTEREST TO BE LUCID ENOUGH TO CONSENT.

Denise Snyder,D.C. Rape Crisis Center: "Under no circumstances should someone go through a medical procedure and be given medications if they're not able to fully understand the procedure."

HOWARD AND GEORGE WASHINGTON UNIVERSITY HOSPITALS WOULDN'T COMMENT ON THE LAWSUIT, NOR WOULD THE METROPOLITAN POLICE. THE TWO HOSPITALS ALSO REFUSED OUR REPEATED REQUESTS FOR INFORMATION ON THEIR STANDARD PROCEDURES FOR DEALING WITH ALLEGED RAPE VICTIMS.

Andrea on camera:

ON JANUARY FIRST OF THIS YEAR, NEW FEDERAL LEGISLATION WENT INTO EFFECT WHICH WAS SUPPOSED TO CLEAR UP ANY CONFUSION OVER RAPE KITS. IT ALLOWS ANY RAPE VICTIM WHO WANTS THE KIT TO GET ONE, EVEN WITHOUT POLICE AUTHORIZATION. BUT D.C. OFFICIALS ACKNOWLEDGE THEY'RE STILL STRUGGLING TO IMPLEMENT THE NEW SYSTEM.

For more information, you can contact theRape, Abuse & Incest National Network.

Or theD.C. Rape Crisis Center.

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Latest Comment on Accusers Say They Were Denied Rape Kits

dccattx

12:07 pm on 04/27/08

What happens in these cases when someone gets mad a someone else, submits an anonymous rape kit, frames someone and they have to suffer. This is a bad idea all the way around. There is a reason these kind of cases go through the police department and should continue to do so. I feel compasionate for these people, as was also a rape victim at one time, however, I also understood why guidelines were in place for rape cases. I hope they reconsider using this type of evidence in the future.

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