Rape Survivor Denied Treatment Because She "Appeared Intoxicated"

A 19-year-old woman is suing George Washington University after being denied treatment on the night of her rape because she "appeared intoxicated."

The plaintiff, a 19-year-old sophomore, also filed suit against the District, Howard University Hospital and several local doctors. The complaint states she was given a date-rape drug at an off-campus party near Howard and was then denied a rape kit at several hospitals - including GW.

..."There is no legitimate reason why it was handled this way," said Bruce Spiva, her attorney. "She has really been hurt by this and is reluctant to speak out publicly."

Even when the woman went to the police, she was denied help.

"A sexual assault kit is for police to recover evidence," said Sergeant Ronald Reid of the MPD Sex Assault Unit. "So if we don't have reason to believe a crime happened we wouldn't administer a rape kit."

So they didn't believe a crime had been committed because she appeared intoxicated? (Which isn't a shock considering she was drugged.) Make sure to read the whole story of her assault and subsequent horror story at multiple hospitals. It's just too depressing for words.

This post first appeared at Feministing.

Comments

[AntonBursch]

Oh, and to add to my last post about the Colby Hospital in Everett, WA. It's supposedly one of the best hospitals in the country.

[AntonBursch]

I went to Colby Hospital in Everett, WA about 2 weeks ago with my wife when she hurt her arm. We were sitting in the ER lobby when a guy came in and dropped off a lady who was clearly completely out of it. She was babbling incoherintly. The guy took off. The lady was sitting in a wheelchair. She asks for help from the nurses to go to the bathroom. They refused. She tried to get up on her own and walk along the wall toward the bathroom. She barely got a couple feet before she collapsed against the wall and then fell down to the floor. She cracked her head open hitting the floor. My wife just missed catching her, as the hospital staff just watched it happening. Then they came over and just starting to pick her up off the floor without even checking if she was ok. When they realised there was blood pouring everywhere they put her back down. 10 minutes later they finally had a neck brace and started putting her into a stretcher. They assumed she was simply drunk and didn't care what was going on with her. Those of us in the ER lobby were just sitting there stunned. It was another 10 minutes before someone showed up to clean up the blood and pee everywhere. Oh, and just after the lady fell, a guy came walking out from the back rooms telling everyone in the lobby that this is the worst hospital he's ever been to. My wife and I, who had never been to the hospital, being new to a small lake town nearby, decided that it was time to leave and we'd wait for the morning to see a doctor at the local clinic. What was all that talk from the right about having the best medical care in this country?

[CosmicTap]

First of all, it's terrible how this was handled.

But it simply cannot go unsaid that, BY FAR, the most prevalent "date rape drug" in America is alcohol.

[LouC]

I'd point out that Howard University and DC's finest also are at fault in a case where a retired New York Times reporter was mugged, hit in the head and left unconscious. The cops and paramedics assumed he was drunk because he was throwing up and slurring his words. The Howard U ER assumed he was drunk. He died as a result of his wounds. He might have died anyway, but if he had received faster treatment, he might not have.

It sounds to me neither agency has learned any lessons as a result of the Rosenbaum case. And I'm furious as a Washington, DC resident that this story first appeared in a college paper and hasn't appeared in our fine local rags (ie, Washington Post, I'm looking at you).

To the person who was dismissive because she didn't go to Washington Center. She was escorted by two witnesses. Maybe they lived closer to GWU and didn't know how to get to Washington Center. Who knows?

I'm also afraid that the Duke case may have influenced the treatment of this girl.

[BluMoonRising]

It's a trend...it is probably the next thing to go no that we are sure that insurance for kids has been denied. Give us a little bit and we have all of our elderly out on the street.

[drgrph]

How about they already assumed she was on a contraceptive, since some school districts hand them out to 11 year olds? Given an increased level of federal spending starting January 2009, I have no doubt that our elderly will be on the street after the collapse of Medicare and Social Security.

[syllepsis]

What do contraceptives have to do with this?

[TruEngineHearing]

I don't understand. The post ends with, "Make sure to read the whole story of her assault and subsequent horror story at multiple hospitals."

I'd like to do so, YET, I cannot find any information on where to go to "read the whole story."

[LittleBrother]

You can click on the "A 19-year-old woman" link leading the article to get to the news story.

If the details are accurate, and there's no obvious reason to assume they aren't, this is another example of how "Catch-22" logic infects rational procedures:

"Help! I was raped, and I think I may have been drugged!"

"Catch-22 says that we can't test for rape or drugs if the victim appears to be under the influence of drugs and can't legally consent to rape & drug testing! Come back when you're sober!"

Next day: "I'm back, and I'm sober! Now what about those tests?"

"Sorry, it's too late. No point in wasting money on a rape kit on every low-life who admits being under the influence of drugs in the first place!"

Whereas if the victim had been sufficiently distraught and disoriented to run into traffic and get killed, the hospital and police would cheerfully have conducted a complete autopsy, including testing for drugs and rape. So next time she'll know just what to do.

[BillLumbergh]

Before everyone flips out, maybe they should read the entire article, including this quote:
"Gina Scaramella, a spokesperson for the Boston Area Rape Crisis Center, said a person cannot consent to a rape kit if they are intoxicated."
If that information is coming from someone who works for rape victims, then maybe the hospital and police personnel were acting in accordance with procedure.
BTW, why was there no info about whether or why the victim didn't return to the police and/or hospital once sober?
This article lacks too much information for people to be reaching any conclusions about where the truth lies.

[LeftLeanWing]

I agree... A hospital can not administer a rape kit test without a request and evidence coordination of police. I wonder if she was trying to get a rape kit done without contacting the police first just to determine if she really was raped. Since she was drugged she couldn't necessarily be sure of what occurred.

[kpod]

She did return to Howard U Hospital the next morning, was turned away again and then went to GW Hospital where she was also turned away. The police - the next morning - also refused her a rape kit.

[Purple Girl]

Its time we address the other half of hetersexual encounters- Because she had a drink she deserved it? Are they hoping for a pregnancy too? Why is it- her clothes were too revealing, she was drinking, she.....
I'm ready to grab the Burdozzi's and start cutting. Rape- no vasectomy- castration. If it's a child you die a slow, painful death. Torture By the gov't- we have some here who should be first in line. Like the slimy bastard they just caught. Granted it's a slippery slope, but more justified then what our gov't is using it for right now.

[Silverstar]

I had hoped that these attitudes on the part of police and doctors had faded in the forty years since I was raped. Apparently not. What got me was the whole story said she was anally penetrated. In a rape situation, I imagine that could cause some injury. And they couldn't keep her until she sobered up? Or run a test for rohypnol? Glad I don't drink or frequent the night club scene. At least if I show up drunk or raped some place, my friends can testify it wasn't voluntary.

[nomobull]

please tell me that idiot of a cop lost his job.

[flatus]

I took note of your use of the word "survivor".
Maybe would could have a few more of those if the sentence for rape was reduced. As it stands, the penalty is so harsh that the primary witness is often silenced.

[FastMovingCloud]

What!?!

It sounds as if you are saying that to deter rape we have to go easier on the rapist! That can't be what you mean because that is too asinine for words. Why would the penalty for rape keep witnesses silent? You are not making sense here.

[ConcernedAboutRFuture]

Um.... doesn't this DRUG make you somewhat intoxicated?

In other words, she may have appeared intoxicted because the drug was STILL in her system?

There is something really wrong with the system... and those who denied her help... should pay.... with their jobs, loss of medical licenses and monetary restitution.

Not only is she traumatized from a rape... but she is now moreso by not being able to get help from those that are supposed to help as part of their JOB.

SHAME on all of you who denied her the help she needed!

[drgrph]

Did you ever think that maybe the hospital and police were intent on protecting her civil liberties? Do you really want to give others the ability to administer tests or collect evidence without legal consent?

In a less progressive time (or in a more compassionate, conservative time) these types of things could be done. But now the ACLU would jump all over you today for the same thing.

This case really boils down to civil liberties. The question becomes, "Should we give up some of our civil liberties to enable collection of evidence in a situation as this?" Or should we stand firm, maintain all of our civil liberties and risk that some may have to bear the consequences as this victim did?

Serious discussion only, please.

[ConcernedAboutRFuture]

She ASKED for help...and she was denied.

How is it that they were protecting her civil liberties?

[getoffmedz]

Blame the victim. The American way.

[dadw5boys]

NO MONEY IN RAPE KITS ONLY TIME AND EXPENSES.

[ConcernedAboutRFuture]

I'm sure they'd find a way to charge her.

[MsLiz]

Would you please keep us informed of the outcome of this case? Thanks.

[fact finder]

Drunk or sober RAPE IS RAPE. If A woman or girl says she was raped then it is the duty of both the police and the hospital to verify or discount the allegation. Rape is a crime of violence not lust. Key word here is CRIME.

[rwe]

again, the key is responsible journalism. Several hospitals, doctors , police and the university community. This hs the aura of the Duke Lacrosse debacle

[kpod]

What is your point? That she's lying?