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View Full Version : E.R. legal question about rape kits and children



Wayne K
11-01-2011, 07:45 PM
If the trauma to the girl's vagina required enough work that DNA might be lost, and she was unconscious, and the parents were unknown, would a rape kit be done?

And, can the hospital be sued?


Any help would be appreciated

Drachen Jager
11-01-2011, 08:16 PM
Hard to say. I think it depends somewhat on the jurisdiction. But it would also depend on the nature of the trauma. A quick Wikipedia search for Rape Kit tells me that it takes hours to properly administer one, if she needs to be in surgery they'll take care of her first, worry about evidence later, that's the hospital's role.

Wayne K
11-02-2011, 02:43 AM
Thank you, I knew this was a tough question to answer so I called Elmhurst hospital. They were very nice, and the person told me pretty much what you said.