CENTER FOR STUDENT ADVOCACY AND WELLNESS

When a sexual assault survivor arrives to the hospital, hospital staff will call an who is specially trained to support survivors seeking medical care and/or evidence collection, but you are not required to speak with them if you do not want to. Hospitals in Illinois are required to notify the police, but you are not required to speak to the police or file a report. 

At the emergency room, healthcare providers can perform a head-to-toe medical examination, including a genital examination, to diagnose and treat injuries sustained during assaults. They will offer treatment and medication for STIs and possible pregnancy. Because certain STIs will not show up on testing until later, hospital staff and your advocate can help you arrange follow-up care.  

Survivors have the right to access these medical services regardless if they choose to complete an evidence collection kit. Survivors of all ages have the right to consent to or deny medical treatment and/or evidence collection without parental permission or notification. 

Survivors can elect to participate in an evidence collection kit to document and collect potential forensic evidence found on their body in the seven days after an assault.  

If the survivor is interested in an evidence collection kit in the immediate aftermath of an assault, potential evidence will be best preserved if the survivor avoids showering, bathing, going to the bathroom, douching, brushing their teeth, or changing their clothes or bedding (if relevant) before going to the hospital. If the survivor does take off the clothes they were wearing during the assault, evidence will be best preserved if they avoid washing the clothes and bring them to the hospital for inclusion in the kit. 

A specially trained provider called a SANE (sexual assault nurse examiner) conducts the evidence collection procedure in the emergency room. Kits have multiple components involving different parts of the body; some of which may feel especially difficult for survivors. Survivors have the right to refuse any piece of the procedure, take breaks during evidence collection, have every step explained to them, and to request that a friend, partner, or advocate stay with them during their time in the emergency room. More information about the steps in the evidence collection process can be found . 

Kits are typically released to law enforcement for testing and use in criminal investigations and prosecutions. If a survivor is undecided about if they want law enforcement to proceed with testing the kit at the time of its collection, law enforcement must hold the kit for ten years. At any point during that ten years, the survivor may request law enforcement to submit the kit for testing. This is true even if the survivor does not make a police report at the time that the kit is collected. If you do choose to have your kit submitted for testing, you will receive a “K Number” and PIN that allows you to track the status of your evidence collection online. 

The Sexual Assault Survivor’s Emergency Treatment Act (SASETA) is an Illinois law that mandates consistent care for sexual assault survivors at emergency rooms throughout the state. SASETA makes the following guarantees for all survivors of sexual assault in Illinois hospital emergency rooms: 

• Priority in the emergency room, and access to a private waiting room if waiting is needed 

• A private exam room, with at minimum three walls and a curtain 

• A complete medical and gynecological exam, with the medical provider documenting any signs of trauma or injury 

• If the survivor is presenting within 7 days of the assault, the option to complete the Illinois Sexual Assault Evidence Kit 

• Treatment for sexually transmitted infections and HIV 

• Treatment for potential pregnancy. All sexual assault survivors with reproductive capacity who are within 120 hours of their assault should receive medically accurate information about emergency contraception and access to emergency contraception 

• A plan for follow-up care as well as a sexual assault services voucher which can be used to pay for any additional healthcare services received in Illinois and related to the sexual assault.  

Survivors do not need to pay for any examinations or services that they receive in connection with their sexual assault, including the emergency department visit, ambulance ride, follow-up care, or a pharmacy dispensing prescribed medications.  

It is prohibited for the hospital or medical provider to give you a bill for any of these services. If you have insurance, the medical provider will bill Medicaid or private insurance, and any costs not covered by insurance will be covered by the Illinois Department of Healthcare and Family Services. If you are on a private insurance plan where you are not the primary policyholder – such as if you are a part of a parent or guardian’s healthcare plan – you may opt out of having your insurance billed and have the entire bill sent to the Illinois Department of Healthcare and Family Services. 

Billing can be confusing and although there are protocols in place, there may be times where you erroneously receive a bill or are asked for payment. A can help you exert your rights under SASETA and avoid paying for any medical care related to your sexual assault.