Sexual Assault Medical Forensic Examinations
Patient transfers
If transferring the patient from one health care facility to a designated site is necessary, use an established protocol that minimizes time delays and loss of evidence while addressing patients’ needs.[1] Avoid transferring sexual assault patients where possible. Every transfer can destroy evidence and cause patients further stress. However, if a sexually assaulted individual arrives at a health care facility that, for some reason, is not able to provide a medical forensic exam, interagency transfer procedures must be in place to transfer that individual to the nearest designated exam site. Evidence should be preserved when examining, treating, or transferring patients. If there are acute medical or psychological injuries that must be treated immediately, treatment should be provided at the initial receiving facility. It may be helpful to offer patients support and advocacy from advocates at both the receiving facility and exam site. A copy of all records, including any X-rays taken, should be transported with patients to the exam facility. (However, it may not be necessary to send all medical records if patients’ medical needs are met before they are transferred to a nonmedical exam site for evidence collection.) All health care facilities receiving Federal funds, including Medicare and Medicaid payments, are required to screen patients medically before transferring them to another health care facility.[2]
Patients have a right to decline a transfer. They should be aware, however, of the impact of refusing transfer, as it may negatively affect the quality of care, the usefulness of evidence collection (if it is collected at all), and, ultimately, any criminal investigation and/or prosecution. They should understand that declining a transfer might also be used to discredit them in court.
