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Yahoo
28-04-2025
- Health
- Yahoo
Tennessee bill ensuring teen rape victims have access to sexual assault exams fails
Evidence collection kit. () Legislation to guarantee teen victims of sexual assault the right to a forensic rape exam without parental consent failed in the Tennessee Legislature last week, despite drawing strong bipartisan support. The legislation was brought as a technical fix to the 2024 'Families' Rights and Responsibilities Act,' which established a parent's right to 'make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf.' The legislation was among the most recent brought in reaction to the lingering impacts of COVID-era vaccine and testing mandates. Tennessee lawmakers have already passed legislation requiring parental consent for all vaccines. But forensic rape exams, which include collecting evidence for law enforcement and providing medical care and support to victims, were not explicitly made an exception to the 2024 parental consent law, which adds hefty penalties for healthcare providers who fail to comply: parents have the right to sue doctors and nurses who fail to get their consent, and healthcare providers may face professional discipline, including the loss of their licenses. As a result, some sexual assault centers in Tennessee are interpreting the law as tying their hands in serving teens without a parent's permission and have turned young victims away to avoid legal repercussions, victim advocates in Tennessee said this week. TBI makes progress in reducing rape kit backlog 'We have ended up with programs across the state interpreting this law differently,' said Jennifer Escue, CEO of the Tennessee Coalition to End Domestic & Sexual Violence. At least one sexual assault center in East Tennessee has told her it has been unable to serve teen victims on the advice of its attorneys, she said. 'The consequences of this are potentially devastating,' Escue said. 'It takes so much courage, so much bravery, to seek out an exam. To be denied that…they could very well decide they don't want to go through with reporting the crime. It denies an opportunity for collecting evidence, and it might be that someone who is sexually assaulting a minor goes free.' Most teenagers do inform their parents, Escue said. But others may feel reluctant or afraid. Teens are far more likely to have been victimized by someone inside their home or within their family circle, including a parent. A 2024 Tennessee law allowing the death penalty for child rape convictions may add to the reluctance by even nonoffending adults to consent to a teen's rape exam if the perpetrator is known to them, she noted. The Sexual Assault Center in Nashville continues to provide forensic exams to teens 14 and older, a practice it has opted not to change with the passage of the 2024 law, said Rachel Freeman, president of the Sexual Assault Center in Nashville. Facing criticism for turning away victims, Murfreesboro hospital to 'rebuild' sex assault program 'We've had legal counsel saying they can interpret this either way,' she said. 'We've decided it's worth the risk, and the right thing to do is provide exams to minors who need them.' 'This is time sensitive,' Freeman said. 'It cannot be done after 96 hours. That's a very short period of time to try and convince, let's say a mother, to try and get a rape kit.' The bill by Sen. Heidi Campbell and Rep. Bob Freeman, both Nashville Democrats, would have explicitly ensured that the 'consent of a parent or guardian is not required for the victim to receive a forensic medical examination' for minors who are victims of sex crimes. The measure easily sailed through legislative committees and received a rare unanimous vote on the House floor. Then it stalled on the Senate floor last week after Sen. Adam Lowe, a Republican from Calhoun, raised the spectre of children as young as his elementary school-aged daughter undergoing a rape exam over allegations that did not involve a parent as perpetrator. 'Someone could take my daughter for an examination without notifying me,' Lowe said. 'That would be a very potent and traumatizing experience.' Sen. Brent Taylor, a Memphis Republican who previously voted in favor of the bill in committee, then moved to send the bill back for further committee debate, citing 'serious concerns' raised by Lowe and effectively killing the measure for the year. Victim advocates said Lowe's concerns are based on a misunderstanding of systems in place to address child rape and sexual abuse. The Sexual Assault Center in Nashville does not provide rape exams to elementary-school-aged children. The agency serves victims starting at age 16, Freeman said. Child sex abuse victims 13 and younger are typically referred to Child Advocacy Centers and undergo a separate pediatric forensic process, Law enforcement and the Department of Children's Services are notified. 'The reality is a five year old is not going to get a medical legal rape kit,' Freeman said. Like all sexual assault centers, Freeman's agency is a mandatory reporter of child abuse: the assault on any victim under the age of 18 who visits the center is reported to the Department of Children's Services and law enforcement, which, in turn, contact non-offending parents. 'They certainly pull in parents when that happens,' Freeman said. 'The reality is that the people who need to know will end up knowing. Freeman worries that teens in Tennessee will be discouraged from seeking out help after being sexually assaulted but stressed that sexual assault centers will help them. A statewide crisis line can direct teens and other victims to available services and resources. The Tennessee Statewide Sexual Assault Hotline is available 24/7 to provide support and information to sexual assault survivors: 866-811-7473. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-03-2025
- Politics
- Yahoo
Tennessee victim-serving agencies warn cuts will be ‘catastrophic' if Gov. Bill Lee fails to act
An attendee looks at a series of banners for National Crime Victims' Rights Week Candlelight Vigil on the National Mall on April 24, 2024, in Washington, D.C. The Justice Department's Office for Victims of Crime held the event to pay tribute to victims and survivors of crime and individuals who provide service and support. (Photo by) As federal funding for crime victims dwindled in recent years, 35 states across the nation took action to keep domestic violence shelters open, sexual assault centers operating and child abuse counselors available to serve the youngest of victims. Tennessee was not one of these states. Now a looming budget crisis threatens the future viability of scores of Tennessee nonprofits that operate hotlines, protect seniors from elder abuse and work with prosecutors to secure evidence against perpetrators of human trafficking. Collectively these organizations serve more than 95,000 victims in Tennessee each year, according to the state's Office of Criminal Justice Programs. 'Many states have dedicated victim service funding in their budgets. Tennessee doesn't,' said Jennifer Escue, executive director of the Tennessee Coalition to End Domestic & Sexual Violence. 'We're really worried that programs across the state might have to close their doors open. We know they would have to drastically reduce their services,' Escue said. Rural organizations that rely most heavily on the federal funding have fewer private-sector resources to tap, and victims who depend on them will suffer the most, she said. Escue said victims are facing a 'double whammy' in funding losses. The Victims of Crime Act, or VOCA funding, which relies on the fees and fines collected in federal court, has seen a drastic drop in collections as prosecutors have made a concerted shift to accept more plea deals — a trend that preceded the current Trump Administration. A short-term infusion of COVID-era funding helped bridge the gap, but those funds have now ended. In 2018, the federal government distributed more than $67 million to Tennessee's Office of Criminal Justice Programs, which in turn, gave grants to 128 agencies across the state to serve crime victims. By 2024, that number had dropped to $16 million. Advocates are expecting to see up to 40% more in cuts come July from the already slashed federal crime victims fund, a steep loss that could spell the closure of small nonprofits in rural areas that rely on the funding for up to 80% of their budgets. Last fall, victim-serving agency leaders met with Gov. Bill Lee's staff to make their case for $25 million in recurring state funding needed to keep organizations' doors open. 'We received an indication from leadership of the General Assembly and the governor's office that it was being considered,' said Stephen Woerner, executive director of Tennessee Children's Advocacy Centers. But that hope was short-lived. The governor's budget, unveiled earlier this month, includes no funding for victim organizations. 'We were disappointed,' said Woerner. Woerner's organization operates 46 centers across the state that employ specialized counselors who work with children who have been abused, neglected or sexually assaulted. The counselors conduct forensic interviews designed to prevent further trauma while eliciting information used in prosecuting perpetrators. The counseling continues for the victims and non-offending family members after the abuse has ended. The services are provided free of charge. Ultimately what we're going to see happen is victims of crime don't get the care they need and an increase in cycles of generational crime, and it's going to make law enforcement's jobs much more difficult. – Rachel Freeman, president and CEO, Sexual Assault Center The organization received $5.5 million annually from the federal crime victims fund at its peak; this year, it received $2.1 million. 'Child advocacy centers will close their doors if we can't shore this up,' he said. 'If a child advocacy center closes, it means that a child is going to have to drive anywhere between an hour and two hours away. That's step one.' 'It means we have fewer interviews, because families are not able to do that, especially in rural Tennessee. The Department of Children's Services is going to have a harder time (protecting children). And for district attorneys, fewer interviews means fewer prosecutions.' Woerner's organization has joined more than 120 others in issuing dire warnings to Lee and members of the General Assembly that saud without an infusion of $25 million in state funding, 'the consequences will be catastrophic.' 'Our shelters, crisis hotlines, and outreach programs are often the only lifelines available. Without stable funding, we face service cuts and closures,' read a letter to lawmakers from the Tennessee Victim Service Providers Alliance, an umbrella group of victim serving organizations hastily formed to advocate for state funding. The letter noted that many of the services they provide, including sexual assault exams and forensic interviews of children suspected of being abused, were mandated by the General Assembly but included no state funding to carry them out. Lee this week declined to say whether he will reconsider including funding for victim services in a supplemental budget to be introduced this spring. 'The Tennessee Victim Service Providers Alliance represents key organizations that serve Tennesseans well, and we appreciate their partnership,' a statement from Lee's office said. 'Gov. Lee continues to work with the General Assembly on budget priorities, and the administration's budget amendment will be finalized in the coming months.' !function(){'use strict'; 0!== e= t in r=0;r< i= Rachel Freeman, president and CEO of the Sexual Assault Center in Nashville said her organization is better positioned to raise private sector funds than smaller nonprofits in rural areas lacking resources to make up for funding cuts. Nevertheless, she said, the ongoing cuts have proved challenging. About half of the nonprofit organization's $5 million budget comes from the federal VOCA funding. Freeman is preparing for cuts of between 10% and 40% this year. Without state dollars, the funding loss will be 'disastrous for our state,' she said. 'Ultimately what we're going to see happen is victims of crime don't get the care they need and an increase in cycles of generational crime, and it's going to make law enforcement's jobs much more difficult,' she said. 'That's a vicious cycle that's going to be more disastrous for our state.' The federal funding cuts will also be felt in local government, police departments and district attorney's offices that provide victim counseling and advocacy. The Metro Nashville Office of Family Safety lost two of its 12 counselor positions last year as federal funds contracted and expects to lose two more if no state funding is provided, said Diane Lance, director. The Nashville governmental agency helps victims of interpersonal violence obtain orders of protection, create safety plans for themselves and their children and provides crisis counseling. 'These therapies are for 'I have been raped,' 'my mother was shot and killed by my dad.' We're trying to get them through the immediate emergency,' Lance said. Without state funding, 'they're not going to get the help they need. Already with domestic violence shelters, 40 percent of the time they can't take you in. And now there's so many funding cuts you won't have a crisis advocate. So good luck trying to stay safe for you and your children.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
