PIERRE – A bill sponsored by District 7 Rep. Tim Reed of Brookings to better define the payment process for forensic sexual assault examinations and to protect victims of rape or sexual offenses has been signed into law by Gov. Dennis Daugaard.
Current law states that county government is responsible to pay for forensic sexual assault examinations for assaults that occur in its county and can pursue reimbursement from the defendant if convicted.
Reed’s bill – House Bill 1126 – updated current state law, which he said was vague and resulted in some victims of sexual offenses being billed for parts of the examination.
The new statute now defines a medical forensic examination and states specifically what will be reimbursed. It also states that the victim does not have to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a medical forensic examination.
The new law goes into effect on July 1.
“Let’s make sure a victim of rape or sexual offense will go to an emergency room and have the evidence collected without the fear of paying for the examination or being forced to go through with the prosecution,” said Reed, prime sponsor of the bill, during testimony in the House Judiciary Committee.
Reed worked with Brookings Health System Registered Nurse Sandra Ruesch, who is a Certified Sexual Assault Nurse Examiner, to draft the bill.
In 2010, Ruesch became the first Board Certified Sexual Assault Nurse Examiner of Adults and Adolescents in South Dakota. She has performed more than 125 medical forensic sexual assault exams throughout her career. As faculty for the South Dakota Department of Health, she provides training across the state to fellow nurses, mid-level providers and physicians on sexual assault examinations.
“Our current law for sexual assault payment is vague,” Ruesch said during her testimony before the House Judiciary Committee. “There is a need to bring clarity to further define the medical forensic examination process. We want to make the system simpler for those victims that come forward.
“In teaching medical forensic examinations to healthcare professionals statewide, I hear the struggles. I cannot bear to hear of another sexual assault victim being sent to collections for seeking help. I cannot bear to have victims refuse treatment because they are on their parent’s insurance and don’t want them to find out about the assault.”
The South Dakota Emergency Nurses Association and the South Dakota Network Against Family Violence and Sexual Assault endorsed the legislation.
District 7 Rep. Spencer Hawley and Sen. Larry Tidemann, along with District 4 Reps. Jason Kettwig and John Mills, co-sponsored the bill.
Courtesy photo: Present when Gov. Dennis Daugaard signed the sexual assault exam bill were, from left, Sen. Larry Tidemann, Becky Eggebrecht, Sandra Ruesch, Daugaard, Rep. Tim Reed, Sen. Deb Soholt and Rep. Spence Hawley.
