For the Defense - Vol. 4, Issue 3 - 45

The results of the study showed that "after
accounting for victim characteristics, medical
forensic evidence could still predict significant
variance in case outcomes. In other words, what
determined whether post-SANE cases would
proceed through the criminal justice system was
not solely based on features of the survivor or the
assault. The evidence supplied by the SANEs was
uniquely influential in predicting case outcomes."37
Table 2 shows the results of the post-SANE Sample
Characteristics.
Along with the superior approach to
evidence collection and increased incidence of
reporting and conviction that results from SANE
programs, the use of SANE nurses also lessens the
psychological impact on victims. According to one
study involving qualitative interviews of survivors
who were treated in a specialized sexual assault
service, victims:
* felt "respected as a whole person-their
needs were met and they were treated with
dignity and respect;"
* appreciated information from the nursing
staff about what to expect and being listened
to by the nursing staff;
* "felt safe-the caregivers were women and
were sensitive in their care;"
* "appreciated how they were physically
touched-the nurses held their hands during
the exam;"
* "felt in control-they were given options and
were not pushed toward certain choices;
* "felt reassured-they felt believed and
supported by the staff;"
* felt "cared for by people with expertise-their
care providers knew what they were doing;"
* "felt informed-they were given information
and the staff were careful not to overwhelm
them with too much information;" and
* "felt cared for beyond the hospital-they
received follow-up care or the option for
follow-up care."38
A study of the Memphis SANE program found
that 50 percent of victims were able to return to
their usual vocation within 1 month.39 Within 3

to 6 months, 85 percent felt secure alone in public
areas; after a year, 90 percent of victims reported
that they were entirely free of initial assaultrelated anxieties.40

SANE in Pennsylvania
In Pennsylvania, hospitals are not required to
employ a SANE nurse. The minimum requirements
regarding sexual assault emergency services are
found under 28 Pa. Code § 117.52. Upon a report
from a sexual assault victim to an emergency
department that provides sexual assault
emergency treatment, the department must
provide at least the following:
* medical examinations and laboratory or
diagnostic tests to ensure the health, safety
and welfare of the victim, or which may be
used as evidence in a criminal kit;
* oral and written information concerning the
possibility of a sexually transmitted disease
and pregnancy resulting from the sexual
assault and accepted medical procedures,
medication and possible contraindications of
the medication available for the prevention
or treatment of infection or disease resulting
from the sexual assault;
* testing and treatment of such possible
diseases, including emergency contraception;
and
* rape crisis center information must be given,
and an opportunity to consult with the rape
crisis center or sexual assault counselor in
person and in private while at the hospital. 41
Section 117.52 further requires hospitals to
maintain records of the results of all examinations,
tests and services provided to a sexual assault
victim, and to make those records available to
law enforcement officials upon the request of law
enforcement and with the consent of the sexual
assault victim.42
The Sexual Assault Testing and Evidence
Collection Act provides for immunity of hospitals
and providers who conduct sexual assault testing
and collection. Under 35 P.S. § 10172.4, A health
care professional, including a physician, nurse or
health care provider, and a health care institution,

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For The Defense

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For the Defense - Vol. 4, Issue 3

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