This post was co-published with the Huffington Post Investigative Fund.
When a woman is raped, police turn to scientific evidence — semen, blood and tissue samples — to identify her attacker. The evidence is collected through a medical exam of the victim, who is not supposed to pay for this crime-solving process.
But 15 years after Congress passed a law to ensure that rape victims would never see a bill, loopholes and bureaucratic tangles still leave some victims paying for hospital expenses and exams, which can cost up to $1,200.
Congress requires state or local authorities to cover these costs, but the state legislatures that regulate the process offer piecemeal guarantees of Congress' mandate, ProPublica and the Huffington Post Investigative Fund found. Some states allow hospitals to bill the victim's insurer. Confusion in California and other states may cause police to occasionally ignore Congress' rules and require victims to cooperate with an investigation before exam costs are covered. Lax enforcement of the law, victims' advocates say, also means some hospitals in Illinois bill victims directly.
Congress created the Violence Against Women Act to protect victims and encourage them to report rapes. The law, known as VAWA, has forced many states to crack down on billing problems.
But ambiguities in the law still allow a remarkable disparity in the legal system: Some rape victims, unlike victims of other crimes, have to pay for basic evidence collection.
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