Medical Advocacy
Responsibilities:
- Arrive at the Hospital or Law Enforcement
Center within 30
minutes of the call
- Introduce self to ER staff
- Determine victim's desire to meet and talk
with the advocate
- Discuss medical procedures and options with
the victim
- Offer to remain with victim during evidence
collection and
exam
- Offer to call or meet with significant others
if victim is okay
with it
- Explain emotional and physical reactions the
victim may
experience as a result of the assault
- Provide informational packet to victim
- Provide clothing for victim if needed
- Inform victim that the GS Victim Advocate will
follow up with
them within 4 hours
- Maintain confidentiality
- Because of the victim's confidentiality, the
advocate is not
present during the police officer's interview
Legal Advocacy
After a police report has been made, the legal advocate
provides information and emotional support for
victims with
the police and the State's Attorney throughout
the court
process. She is the liaison between the victim
and the legal
system. She will explain the criminal justice process,
sexual
assault laws, and victim's rights statutes to the
victim. She will
assist the victim in filing for crime victims compensation,
ensure that the victim is treated in a fair and
respectful
manner by the criminal justice personnel and keep
the victim
informed about key dates and stages in the criminal
justice
processing of the case. Advocating with other systems
can be a
difficult process, since other institutions have
objectives that go
beyond solely supporting the victim.
SASETA; Sexual Assault Emergency Treatment Act
SASETA mandates that patients receiving services
in the emergency room for sexual victimization
should never receive a bill for any hospital charges, medication, emergency
ambulance transportation or follow-up exam to check
for
STD's, pregnancy or other complications as a result
of the assault.
Patient file should be coded as a sexual assault
crime victim by
the ER staff to alert the billing department.
A couple of really important laws that have to be followed when at a hospital call are:
- The Sexual Assault Victim is the only one that
can authorize a rape
kit to be done
- If the victim does not want one done, no one
can force
them to do one
- They are the only one that can sign the release
of the kit
- For a minor under the age of 13, a parent,
guardian, law
enforcement officer or a DCFS representative
may release the kit
to Law Enforcement
- If the victim is 13 or above, only that victim
may release the kit.
The law does not permit the parent of that victim
who is 13 or older or anyone else to override
the minor's decision
Civil No Contact Order
- The CNCO is a court order that requires a sex
offender to stay away from
the person he sexually assaulted or sexually abused.
- The CNCO became effective
January 1, 2004
- Any person, regardless of age, who has been sexually
touched in a way that she or he did not agree to
can file for a CNCO.
- A CNCO is enforced like an order of protection.
- It is a remedy for people who did not have a
relationship with the offender.
- Our office personnel can help you fill out a
CNCO, or you may go to the Circuit Clerk's Office
and ask for the forms. The forms will need to be
filled out and then given to the circuit clerk
to file them with the court.
- For more information on CNCO's feel free to
contact our office.