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Evidence Collection
The hospital exam is designed for thorough and complete evidence collection.
Any evidence found will give you a better court case.
Evidence may be collected whether or not
you plan to report the attack to the police. There is physical
evidence (such as the presence of sperm) that can only
be obtained during a medical exam within 72 hours of the attack. If you decide,
at a later date, that you would like to prosecute, the evidence will be available.
Hospitals in Illinois are required to notify the local police department that
treatment has been given.
Evidence collection includes taking samples
of substances from the vagina, rectum, and mouth; combings
of head and pubic hair; and material from beneath your fingernails.
These samples will be used to detect the assailant’s sperm, hair, and skin
cells can help to identify the attacker.
The clothes you were wearing also may be
sent to the crime lab, and may be kept as evidence until your
case is closed.
Photographs may be taken of bruises, cuts,
and other injuries that occurred during the assault, and may
be kept as evidence until your case is closed. The entire
evidence collection process will be done only with your consent.
The Cost
The Sexual Assault Survivor’s Emergency Treatment Act
will cover the emergency room costs if you do not have public
or private medical insurance. The hospital
will not bill you for the treatment. Instead, they will be reimbursed by the
Illinois Department of Public Aid.
Under the Illinois Crime Victim’s Compensation Act, victims of violent
crimes can be reimbursed for out-of-pocket medical expenses, loss of earnings,
psychological counseling and loss of support income due to the crime.
Maximum reimbursement is $25,000. Compensation
is for physical injuries and not for pain and suffering or
for property damage.
To be eligible, you must have reported to
the police within 72 hours of the crime. A claim application
must be filed within one year of the date of the crime. Further
information and application forms are available through: Attorney General’s
Office, Crime Victims Department, 100 West Randolph Street, 13th Floor, Chicago,
IL 60601; 312/814-2581
Additional Medical Attention
The Illinois Department of Public Health supplies free testing
and treatment for sexually transmitted disease. For the
location of the clinic nearest you,
call the local Department of Public Health.
Criminal Justice Procedures
Sexual assault and sexual abuse are violent crimes. Like all other violent crimes,
it is the responsibility of the state to prosecute the offender on your behalf.
Seeking police assistance and court action may involve you in a long, complex
process, but your determination can also reduce the chance that you or other
people will be assaulted by the same person.
When you are discussing the attack with
the police, detective, or State’s
Attorney, do not be afraid to ask questions about any words or procedures that
are unclear to you. It is important to write down the names and phone numbers
of all people who are working with you so you can call them if you have further
questions.
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