Anger Over Rape Law
Schumer says victims pay for evidence kits
By Herbert Lowe, Staff Writer
Originally published in Newsday, June 3, 2002
Medically insured victims of sexual assault in New York and other states are being charged as much as $1,500 for rape kits despite a federal law requiring states to cover them, Sen. Charles Schumer said yesterday.
"That's like asking a murder victim to pay for their own autopsy," Schumer (D-N.Y.) said at a news conference outside Beth Israel Medical Center's emergency room. "It's outrageous, it's wrong and it has to stop."
Schumer blamed the problem on the U.S. Department of Justice, which he said is responsible for ensuring that states comply with a federal law enacted in 2000. Under the law, New York State received a $7.2 million grant this year to reimburse insurance companies for covering the cost of the kits.
The senator said the Justice Department was to meet with national, state and local experts to address the problem last Sept. 14. That meeting was canceled because of the terrorist attacks on Sept. 11 and, Schumer said, the department cited scheduling problems as for why the meeting won't be held until August.
"They better get moving," said Schumer, who believes the meeting should be held much sooner.
The Justice Department could not be reached for comment.
States are to be ineligible for federal funding for programs related to sexual assault forensic training if they don't pay for each exam, Schumer said.
Each exam, which typically costs between $800 and $1,500, is performed at a hospital after a rape occurs and then turned over to the authorities as forensic evidence to help identify, arrest and prosecute the rapist.
While the state Crime Victims Board will cover the exam costs for uninsured rape survivors, the burden falls to the thousands who are insured, said Schumer, Beth Israel officials and victim advocates.
Most of the insured victims still have to pay their insurer's co-payment or deductible.
But the senator and advocates said they worry that too many victims are choosing to pay the costs out of their own pockets because they do not want anyone to know about their experience, or from fear of reliving it over and over just to answer an insurer's queries.
"I think it is deplorable that rape victims have to pay for their own sexual assault kits," said Harriet Lessel, executive director of the New York City Alliance Against Sexual Assault.
