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Virginia Executive Order 92 signed in by Tim Kaine

A reminder on positive steps Virginia’s former Governor, Tim Kaine established under his leadership for victims of sexually violent crimes in Virginia.

On September 28th, 2009, Governor Kaine signed into place Executive Order 92 This order directs the Division of Consolidated Laboratory Services of the Department of General Services to accept and to store physical evidence recovery kits received from health care providers.

Under Section B of 19.2-165.1 of the Code of Virginia, “victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law enforcement authorities in order to be provided with such forensic medical exams.”

Then Governor Kaine heard the issues that arose from between the regulations that victims can request physical evidence recovery kits prior to reporting to law enforcement and the lack of requirement of law enforcement to pick up the kits in the absence of a report. Many victims need more than 72 hours to make the decision to report. Additionally, sometimes law enforcement chooses not to pursue taking a report if they are uncertain of the evidence. This left victims often without recourse to get evidence collected and the kits established without reporting first. This provision now allows victims to request kits and allows forensic nurses to mail the kits to consolidated labs in a manner that retains the chain of custody. Once the report is made, the kits can then be examined and the evidence collected used in the prosecution of the case.

Yeah to Tim Kaine!! This sensitive and timely act has helped to encourage victims to get the evidence collected in the required time period and facilitate investigation and prosecution.

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Virginia’s Hospital Protocol for the Treatment of Sexual Assault Victims

On behalf of the Virginia Sexual and Domestic Violence Action Alliance (Action Alliance) and the Virginia Chapter of the International Association of Forensic Nurse Examiners (VAIFNE), we are pleased to announce that “Virginia’s Healthcare Response to Sexual Assault: Guidelines for the Acute Care of Adult and Post-Pubertal Adolescent Sexual Assault Patients” is now available at http://www.sexualanddomesticviolencevirginia.org/health.htm. May take a few minutes to download. Please be patient.

In 2007, the Governor’s Commission on Sexual Violence recommended the development of a consistent healthcare response to sexual assault. Subsequently, a multidisciplinary team of dedicated healthcare providers, criminal justice professionals, sexual assault victim advocates, and survivors of sexual assault was convened to commence this effort.

These new guidelines are the culmination of their efforts, replacing “Virginia’s Hospital Protocol for the Treatment of Sexual Assault Victims” that was developed in 1990. This new document incorporates recommendations from professionals across Virginia, as well as information from relevant state and national resources on the management of sexual assault patients and the collection of forensic evidence. Recognizing that not all communities or facilities can sustain forensic nursing programs, these guidelines were developed to assist all healthcare providers.

It provides: Guidance and tools for clinicians providing care to sexual assault patients; Guidance for healthcare facilities developing or enhancing policies for the provision of medical and forensic services; and Guidance to communities working to establish a coordinated community response to sexual assault. While these guidelines were developed for healthcare professionals, we know that the healthcare sector is just one component of a comprehensive response to sexual assault. It is hope of the committee that these guidelines will be a valuable resource and tool in our efforts to establish policies, procedures, and practices that promote a quality, consistent, and compassionate response to sexual assault patients in your community.

reprinted from the Virginia Sexual and Domestic Violence Action Alliance

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Executive Order 92

On September 28th. Governor Kaine signed into order Executive Order 92 directing the Division of Consolidated Laboratory Services of the Department of General Services to accept and to store physical evidence recovery kits received from health care providers.

Under Section B of 19.2-165.1 of the Code of Virginia, victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law enforcement authorities in order to be provided with such forensic medical exams.”

Governor Kaine heard the issues that arose from between the regulations that victims can request physical evidence recovery kits prior to reporting to law enforcement and the lack of requirement of law enforcement to pick up the kits in teh absence of a report.  This left victims often without recourse to get the kits without reporting first.  This new provision allows victims to request kits and allows forensic nurses to mail the kits to consolidated labs in a manner that retains the chain of custody.

Yeah to Governor Kaine!!  This will help to encourage victims to get the evidence collected in the required time period.

(double post on http://www.rcasa.wordpress.com)

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