SOUTH CAROLINA: Rape Victims Won't Have to Pay for Exam

Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.

SOUTH CAROLINA: Rape Victims Won't Have to Pay for Exam

The State (Columbia, S.C.) (12.01.08) - Monday, December 15, 2008
Rick Brundrett

South Carolina is working to implement a new federal law that requires states to pay for rape victims' forensic examinations, even if they do not report the crimes to the police. The law, which goes into effect Jan. 5, is tied to federal funding for victims services, said Bebe Westbrook, sexual assault coordinator for the S.C. Coalition Against Domestic Violence and Sexual Assault. In South Carolina, up to $15 million could hang in the balance, she said.

The law's intent is to encourage victims to have prompt examinations to preserve evidence while they decide whether to press charges. The rape kits will be labeled with a number to maintain victims' anonymity.

"It's an example of a very well-intentioned effort by Washington, but frankly, it raises more questions than answers," Joel Sawyer, spokesperson for Gov. Mark Sanford and head of the state Office of Victim Assistance (OVA), said of the new law.

A key concern is the projected cost. Terry Casto, coordinator of the Sexual Assault Nurse Examiner program at Palmetto Health Richland and Baptist hospitals, said a standard case involving X-rays, lab work, and no stitches runs about $1,600. OVA reimburses the hospitals roughly $400 for these cases but only if a police report is made, she said. Hospitals cannot bill victims for the collection of forensic evidence, she said. Standard reimbursement covers evidence collection, STD treatment, blood tests, and emergency contraception.

Westbrook said the state's 16 rape crisis centers made 1,311 emergency hospital visits to assist rape victims last year. Based on that figure and an average reimbursement rate of $400, the cost to the state would be at least $524,400, she said. However, victims typically cooperate with the police so most of the basic forensic exam costs are already being covered by the state, she noted.

Westbrook, who heads a working group helping to draft state legislation related to the new law, expects South Carolina to be in compliance by July 1, the start of the next fiscal year.
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