Evidence Collection
You may decide whether or not to have evidence collected by the Eisenhower Health SART. Evidence can include your clothing, photographs of your body, as well as trace evidence such as hair and fibers that are found on you or your clothing. Evidence can also include biological samples such as blood, urine, hair and fingernail scrapings. However, evidence collection is not a question of "all or nothing." You may say "no" to any part of the procedure. It is recommended evidence be collected and recorded in the event you decide at a later date to provide your name to law enforcement and participate in an investigation.
The Non-Investigated Reporting examinations are done on a scheduled basis Monday through Sunday from 9 a.m. to 5 p.m. If you are seen after hours, you will need to contact the SART Program Coordinator the following morning to schedule your examination. Evidence collected from the Non-Investigated Reporting examination will be held by law enforcement for two years. It is your responsibility to contact the law enforcement agency storing the evidence should you choose to move forward at a later date with the Standard Reporting.
Even if you choose Non-Investigated Reporting, law enforcement is allowed under law to conduct an investigation without your participation. Though generally not the case, exceptions might include when:
- a serial stranger rapist is suspected;
- the assault is committed by an intimate partner; or
- the victim is severely injured.
Under subpoena by a court, Eisenhower Medical Center is required to turn over any evidence related to your examination (forensic report, photographs, etc.).
Medical Examination
You may decide whether or not to have a medical examination conducted by an Emergency Department physician. The medical examination includes:
- an evaluation for possible injuries;
- medications to treat any possible sexually transmitted diseases;
- pregnancy testing and emergency contraception; and
- HIV and syphilis testing.
You will be responsible for any out-of-pocket medical expenses not covered by your insurance for any procedures, tests or medications provided at the time of examination. Patients who choose not to report their assault to law enforcement are NOT eligible for Victims of Crime Compensation.
Declining Medical Treatment
Should you decline medical treatment, you will NOT receive treatment for any possible injuries, medications for possible sexually transmitted diseases, emergency contraception, nor testing for HIV and syphilis. You will, however, receive outpatient referrals for counseling services and local clinics.
Evidence Storage
Any evidence collected by Eisenhower's SART program will be stored by the law enforcement agency having jurisdiction over where the assault occurred. Evidence will be stored for two years. If you have NOT initiated Standard Reporting before the two-year deadline, your evidence will be destroyed by law enforcement.
If you decide prior to the two year date that you want no action taken, you can contact the agency storing your evidence and request that your property be returned and all other evidence be destroyed. You will be required to sign a written release and show proper identification to law enforcement.
Law enforcement may release your evidence once you have shown your identification and provided your name and tracking number. Biological samples collected during the examination (blood, urine, etc.) will not be returned.
Mandated Reporting
Health care providers are required by law to report sexual assaults to law enforcement (California Penal Code 11160), regardless of whether you choose not to report and/or cooperate with law enforcement. A Suspicious Injury Report must be submitted to the law enforcement agency having jurisdiction over where the assault occurred. Eisenhower Medical Center is mandated by law to provide the following information:
- your name, address and location of assault; and
- your assailant's name, if known.
You may, however, request the report remain confidential. Your name will be listed on the report as "Jane Doe" or "John Doe" by law enforcement.
The Suspicious Injury Report will be used by law enforcement to contact you 90 days prior to the destruction of your evidence.
Changing from Non-Investigated Reporting to Standing Reporting
If you decide to change from Non-Investigated Reporting to Standard Reporting, you must directly contact Eisenhower Medical Center's SART Program or the applicable law enforcement agency and provide the following information:
- forensic record/patient number; and vs. name and patient number; and
- law enforcement agency name and case/incident number
Eisenhower's SART Program will also require you sign a release form before forensic report and photographs can be provided to the law enforcement agency with jurisdiction over your case.
