FACT SHEET

Compassionate Care for Rape Victims (SB 129)

 

 

Background

 

The Compassionate Care for Rape Victims bill (CCRV) protects a crime victim’s rights and their ability to get comprehensive, compassionate medical care by requiring that all hospitals that treat rape victims do the following:

  •  inform victims about emergency contraception to prevent pregnancy and dispense EC if requested by the victim;
  • inform victims about their options to report the crime and all available evidence gathering possibilities.

 

CCRV Protects Crime Victims' Rights

 

Rape is an underreported crime.  In 1999 only 28.3% of total rapes were reported to police (1999 National Crime Victimization Survey (NCVS). U.S. Department of Justice, Bureau of Statistics, 2000).  In 2004, an estimated 4,775 rapes were reported to Wisconsin law enforcement agencies.

 

This bill ensures that victims are aware of their right to report their assault to authorities and are informed about any resources available for a forensic exam and evidence gathering which can be used as evidence against a rapist in a legal proceeding.  Evidence collection by Sexual Assault Nurse Examiners (SANE), particularly evidence corroborating lack of consent, and SANE testimony have been critical in helping prosecutors obtain increased numbers of guilty pleas from defendants (Ledray, SANE Development and Operation Guide, p. 22).

 

CCRV Ensures that Rape Victims Receive Comprehensive Medical Care Regardless of Where They Seek Emergency Treatment

 

Nationally, over 300,000 women are raped each year, resulting in over 25,000 unintended pregnancies and 16,000 abortions.  About 22,000, or 88%, of these pregnancies could be prevented if all women who were raped used emergency contraception.  (American Journal of Preventative Medicine, 2000).

 

Surveys show that rape victims are denied comprehensive, compassionate care.  A 2006 survey conducted by the Compassionate Care for Rape Victims Coalition of 109 Wisconsin hospital emergency departments found that:

  • only 33% of Wisconsin hospitals unconditionally provide emergency contraception on site to rape victims;
  • the majority of  hospitals, 42%, do not dispense EC on site to victims;
  • the remaining 25% of hospitals leave the dispensing of EC to the discretion of the health care provider.

 

Overall, hospitals with a religious affiliation were less likely to dispense EC compared to hospitals without a religious affiliation.  This data is even more troubling because religiously affiliated hospitals in Wisconsin see almost half (41%) of all emergency visits.  Thus, approximately one-half of all rape victims will go to religiously affiliated emergency rooms where they will likely not receive this crucial information about pregnancy prevention.

 

Providing Information About and Access to EC is the Accepted Standard of Care

 

The American Medical Association (AMA) guidelines require counseling and the provision of EC to rape victims as the accepted standard of care.  Because all victims of sexual assault deserve consistent, compassionate care, regardless of what hospital they seek emergency care from, health care professionals across the board support enforcing this standard of care.  The American College of Emergency Physicians, the American College of Obstetricians and Gynecologists (ACOG), the Association of Reproductive Health Professionals and the Wisconsin Coalition Against Sexual Assault all support access to EC for rape victims in hospital emergency rooms.

 

The Medical Community Supports Increased Access to EC

 

Major medical groups like the AMA and the ACOG support widespread access and availability of EC as an effective means of reducing unintended pregnancies.  Last year, ACOG initiated its “Ask Me” campaign to ensure that women were receiving emergency contraception in advance during their yearly exams in an effort to help cut the rates of unintended pregnancy.

 

EC Prevents Pregnancy

 

EC is basic birth control.  It is simply a dose of birth control pills that prevent pregnancy up to 120 hours after an assault.  If taken within 120 hours of a rape, EC is at least 75% effective in preventing unintended pregnancy.  Plan B, approved by the FDA in 1999, is specifically designed and packaged to be used as EC.  It has an 89% success rate in preventing pregnancies if taken within 72 hours.   EC does not cause an abortion and has no effect on an existing pregnancy (see the FDA Docket No. 96N-0492).

 

Polls Show Overwhelming Support for Emergency Contraception

 

In an August 2004 survey of Wisconsin voters, 82% reported that they favored ensuring access to EC for victims of rape and incest.  This number is significantly higher than the national average, which in a nationwide poll by Lake Snell Perry & Associates and John Deardourf found that 74% of voters favor requiring hospitals to make EC available to rape victims.

 

In addition, 53% of Wisconsin voters said they would be more likely to vote for a candidate who supports mandatory EC availability and half of voters said they would be less likely to vote for a candidate who would allow hospitals to deny access to EC to women who had been raped.

 



This information was compiled by Planned Parenthood Advocates of Wisconsin.  For more information about legislation related to reproductive health, or to join our action alert network, log onto http://www.ppawi.org