Maryland Coalition Against Sexual Assault

The Violence Against Women Act (VAWA) requires States to certify that victims of sexual assault are not required "...to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both." (Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C.A. § 3796gg-4 (d) (1)). States are to be in compliance with these mandates on or before January 5, 2009, to be eligible for VAWA S.T.O.P. formula grant funds.

The Maryland Coalition Against Sexual Assault (MCASA) has received funding from the Office of Violence Against Women (OVW) to provide technical assistance to States as they work toward implementing changes within their policies and procedures to ensure that they are in compliance.

The VAWA Forensic Compliance Project will research compliance issues from the perspective of four key areas:

• law enforcement
• prosecution

• healthcare
• advocacy

The project will culminate in the development and dissemination of a "Toolkit" for States, which will identify "promising practices" in the field in responding to compliance issues. The Toolkit will provide a range of legislative, procedural and administrative options that States may wish to consider as they work toward resolving compliance issues. To accomplish this goal, MCASA will be working with a National Working Group, which is comprised of experts in the field who represent a variety of perspectives and issues throughout the nation. The following agencies have agreed to serve in this capacity:

American Prosecutors Research Institute (APRI)
End Violence Against Women International (EVAW)
International Association of Forensic Nurses (IAFN)
National Alliance to End Sexual Violence (NAESV)
National Center for Victims (NCVC)
National Sexual Violence Resource Center (NSVRC)
Office of Violence Against Women (OVW)
Victim Rights Law Center (VRLC)

The grant award period for the VAWA Forensic Compliance Project is May 1, 2007 to April 30, 2009. Although a completed "official" Toolkit will not be available until December 2008, there will be significant information and - ultimately - materials that can be shared with others prior to December. MCASA will be happy to communicate these findings on a regular basis to all who are interested. To receive updates on the VAWA Forensic Compliance Project or if you have questions regarding the Project, please contact:

Debra Bright, National Technical Assistance Project Director
(410) 974-4507 x 103 d.bright@mcasa.org

General Resources Regarding Forensic Compliance Issues:

VAWA Forensic Compliance Project Overview
PowerPoint provides an overview of the compliance issues. Includes statutory language, background, "types" of compliance to ensure victims receive access to the exams and barriers that states may face as the work toward implementation. Useful tool for States/Territories when providing an overview of the issues to their respective stakeholders.
Fact Sheet
Office of Violence Against Women FAQ
Top Ten Considerations for States and Territories as they work to implement "compliant" policies
Recording of the breakout session on VAWA Certifications from the STOP Administrators' and Coalition Directors' Meeting in New Orleans held in November 2007.
This podcast can be played on your computer through a number of programs including QuickTime, I Tunes, and Windows Media Player: Forensic Exams, HIV and Polygraph (while recording is over 3 hours, presentation stops after 1 hour 24 minutes).
Types of Compliance

VAWA Forensic Compliance Survey Results:

VAWA Forensic Compliance Survey Results
PowerPoint provides aggregate results of a survey conducted by the VAWA Forensic Compliance Project in January 2008. The survey, which solicited responses from STOP Administrators and Coalition Directors, was helpful in providing an initial snapshot of the nation's progress and policies.
Transportation Methods
Graph showing the methods States and Territories are using to transport the evidence collection kit from the hospital to the storage facility (Based upon survey results as described above).
Storage Location for Evidence Collected
Graph showing the methods States and Territories are using as storage facilities for the evidence collection kits in "Anonymous" cases (Based upon survey results as described above).
Length of Storage Time for Evidence Collected
Graph showing the length of time States and Territories are using to store evidence from "Anonymous" cases (Based upon survey results as described above).
Case Tracking Methods
Graph showing the case tracking methods used by States and Territories to track "Anonymous" cases (Based upon survey results as described above).

Resources Regarding Forensic Compliance Issues:

Anonymous Reporting and Forensic Examinations FAQ
OVW sponsored national conference calls regarding Forensic Exam Certification:
June 12, 2008

This project was supported by Award No. 2007-TA-AX-K003 awarded by the Office on Violence Against Women. The opinions, findings, and conclusions or recommendations expressed in this publication, conference agenda, or product, are those of the authors) and do not necessarily reflect the views of the Department of Justice.