Senate passes bill to protect crime victims
Published April 13, 2007
The Missouri Senate passed legislation Thursday that would guarantee certain rights to victims of sex crimes in an effort to protect victims' privacy and prevent health care providers from charging victims for forensic tests.
The bill also increases the domestic assault penalty for repeat offenders. A second conviction could result in 10 to 30 years of imprisonment.
Senate President Pro Tem Michael Gibbons, R-Kirkwood, sponsored the bill. After passage, the bill was referred to the House of Representatives.
The bill would make charging victims of sex crimes for forensic testing unlawful and direct the Health and Senior Services Department to compensate health care providers for the tests. Under current law, uninsured victims of sex crimes are sometimes billed for tests conducted to collect evidence.
"The women who fall prey to these horrible crimes should not be further victimized by the process that is supposed to bring justice in their case," Gibbons stated in a news release. "You would be appalled if your home was broken into, and the police handed you a bill for dusting for fingerprints."
University Hospital and Clinics spokesman Jeff Hoelscher said the system incurs the cost of forensic testing when it isn't covered by insurance but some hospitals do not.
"That's not the case here," he said. "There needs to be some legislation that will benefit victims of sexual assault.
Hoelscher said University Hospital and Clinics also maintains a 24-hour on-call Sexual Assault Nurse Examiner.
"The SANE nurse is a registered nurse who is trained in the clinical preparation and forensic examination of a sexual assault victim," he said.
Hoelscher said the SANE nurse is familiar with procedures for sexual assault and rape cases. Under the new legislation, procedures and forms would be standardized throughout the state.
The bill would direct the Missouri State Highway Patrol to develop and distribute kits for collecting evidence from victims. The bill would also increase the privacy rights granted to sex crime victims. Under the proposed law, rape crisis center workers would be required to keep any identifying information confidential. It would also prevent such workers from testifying in regard to confidential information without the consent of the victim.
Hoelscher said the hospital attempts to maintain assault victims' privacy by separating them from other emergency patients.
"We actually have an area that is separate but close to the emergency room so the victim's privacy can be maintained and the focus can remain on the patient," he said.
Gibbons' bill would also attempt to protect victims' privacy in court by removing identifying information from court records, including names, addresses, Social Security numbers and physical characteristics. This information could be disclosed upon request if the court determines its release would not threaten the welfare of the victim.
Sections of the bill also create a program within the Office of the Secretary of State to protect victims of rape, sexual assault, domestic violence and stalking. The program would assign victims an address to appear in public records. Mail sent to these addresses would be directed to the Secretary of State's office where it would be forwarded to the recipient for a renewable period of four years.
According to the release, Gibbons sponsored the legislation because of the "alarming amount" of unreported sex crimes against women.
"We must protect victims, so they feel more comfortable and safe to come forward to come forward to seek help and justice," he stated in the release.