Rape Exam
Information and Resources
Rape Victim Compensation
The state of Montana is committed to a policy that rape victims should not have to pay for medical costs incurred as a result of the crime against them. There are state laws and programs in place to assist victims and, under the circumstances described below, help many of them pay for their rape exam.
Understanding two key concepts is crucial to making sense of these programs:
- For compensation purposes a rape exam is divided into two components: the forensic exam where evidence is collected and the medical exam where physical injuries are treated.
- Compensation programs differ depending on whether the patient chooses to report the crime to law enforcement or not.
The billing department of your healthcare facility should make every effort to work with local criminal justice agencies and the Montana Office of Victim Services to exhaust all avenues of payment before billing the patient for any aspect of an exam. As a healthcare professional caring for a rape victim, you don't need to be an expert in these programs, but you do need to be familiar enough with them to inform patients that, in most cases, they will not have to pay for their rape exams. There are three important things to tell the patient:
- Rape victims are not required to report the crime to law enforcement in order to be compensated for the cost of the forensic exam. If they choose not to report the crime immediately, they will need information on the Forensic Rape Examination Payment Program available through the Montana Office of Victim Services.
- In some instances patients may have to apply for compensation after they have been billed.
- If rape victims are billed for any aspect of their exam, they should contact the Office of Victim Services of the Montana Department of Justice for help in navigating victim compensation programs.
Now let's take a closer look at these programs...
If the Patient Chooses to Report the Crime to Law Enforcement
Forensic Exam (Evidence Collection)
By law (MCA 46-15-411) "the local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the medical examination of a victim of the alleged offense." This means that the first one in line to pay for the forensic exam is local law enforcement. The crime must be reported for them to take responsibility for the payment. If for some reason law enforcement is not required to pay for the exam, then the state Crime Victim Compensation Program kicks in.
There are some requirements in order to receive benefits from this program. The main requirements are:
- The victim must report the crime within 72 hours or show good cause for not reporting.
- A Crime Victim Compensation claim must be filed within one year of the crime or show good cause for not filing.
- The victim must fully cooperate in the apprehension and prosecution of the offender.
Please see Crime Victim Compensation on the Montana Department of Justice website for full details.
Medical Exam (Treatment of Physical Injuries)
Montana law does not require law enforcement to pay for the treatment of physical injuries incurred during a sex crime. However, the Crime Victim Compensation Program can cover these costs as long as the criteria mentioned above are met. Please see the Crime Victim Compensation web page for full details.
If the Patient Chooses NOT to Report the Crime to Law Enforcement
Forensic Exam (Evidence Collection)
Legislation passed in 2005 (MCA 46-15-411) created the Forensic Rape Examination Payment Program (FREPP). This program provides direct payment to qualified healthcare providers for forensic rape examinations for victims who have an exam within 72 hours of the crime and who choose NOT to report the crime immediately to law enforcement.
The patient has 60 days to decide whether to report the crime, after which time the rape kit evidence is destroyed. Patients who choose this option should be provided with the FREPP information card at the conclusions of their exams. The FREPP program also provides rape kits free-of-charge to Montana healthcare providers who perform rape exams. Please see the Forensic Rape Examination Payment Program web page for further details.
See the 2005 memo to emergency room staff from the Office of Victim Services announcing the FREPP program.
Medical Exam (Treatment of Physical Injuries)
Again, Montana law does not require law enforcement to pay for the treatment of physical injuries incurred during a sex crime. This is especially true if the crime is not immediately reported. To get reimbursed for the cost of treating physical injuries incurred during a sex crime, the victim must apply to the Crime Victim Compensation Program. Please scroll above or go to the Department of Justice Crime Victim Compensation web page for full details.