Huge news for victims of rape and sexual assault: The U.S. Department of Justice just released a new set of guidelines for how medical personnel should respond to assaults. The provisions, updated for the first time since 2004, give detailed advice on how to administer a sexual assault forensic exam (used by hospitals to provide medical care to the victim and collect evidence). The guidelines seek to address the latest research on the full psychological and physical consequences of sexual assault, as well as incorporate the latest advances in forensic science and medical care.
Keep in mind that these are just guidelines, though—hospitals don’t have to adopt them. But they do serve as an important reference for states, hospitals, and other facilities that help rape victims. “I do think it will be used to improve care, and people will look to it as a model,” says Barbara Sheaffer, medical advocacy coordinator for the Pennsylvania Coalition Against Rape. “I think there will be a lot of follow-through on it,” agrees Scott Berkowitz, president and founder of the Rape, Abuse & Incest National Network (RAINN).
So what are the major changes to the guidelines? Here’s what you need to know:
If you’re admitted to the hospital after being raped, your safety and wellbeing should take precedence over evidence collection. This is the biggest difference from the original guidelines established in 2004, which focused more on helping the justice department prosecute the perpetrator. This is a win-win for victims and law enforcement: Prioritizing the victim’s needs actually increases the odds that he or she will cooperate with police later. The hope is that a gentler, more victim-centric approach will make it easier to nab offenders and promote the healing of victims.
If you’re unsure whether you want to report the crime to police, you shouldn’t be pressured to do so. The new guidelines state that victims should call the shots about reporting, unless the victim is a minor (in which case many states are required to report the crime). No matter what you decide, you will be encouraged to have a forensic medical exam anyway. The exam will check you for injuries, provide protection against possible STDs and pregnancy, and collect evidence in case you choose to report the crime later.
During the exam, you should be offered emergency contraception to prevent pregnancy. It may sound like a no-brainer, but this is actually new advice: The 2004 guidelines were less explicit about telling hospitals to do this. If your health care provider has moral or religious objections to giving you the morning-after pill, he or she should at least tell you where you can get access to it ASAP. (Keep in mind: Plan B is most effective if taken within 120 hours of an assault.)
Use of alcohol or drugs should not mean that your assault is taken any less seriously. You know that rape is rape, regardless of whether you were drunk at the time, but it’s encouraging that it’s been added to the guidelines. Medical personnel should treat you with the same urgency and care, regardless of the circumstances surrounding your assault.
Hospitals should be sensitive to the unique needs of members of different groups. The new guidelines take care to describe the circumstances of certain populations so that hospital staff can better tailor their response to each victim—whether they’re older, disabled, American Indian or Alaska Native, or LGBT. “It’s acknowledging that violence cuts across all people, all groups,” says Shaeffer.
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