Roughly two dozen hospitals have violated Illinois’ landmark sexual assault survivor law with few consequences, according to an investigation by APM Reports co-published in The 19th and APM. The law requires hospitals to provide rape kits to victims of sexual assault and to to notify a sexual assault advocate on the victim's behalf. But lawmakers created a loophole, allowing hospitals that found the requirements too onerous could send patients elsewhere. Over the 17 years since that exception was enacted, the number of hospitals transferring patients instead of treating them has more than tripled.
A review of publicly available inspection reports from 2018 through 2023 from the state Department of Public Health revealed 23 hospitals violated state laws intended to protect sexual assault survivors. More than 200 patients were referenced in the reports. The violations include refusing rape kits to patients, failing to contact a rape crisis center advocate, failing to call child or adult protective services, delaying treatment and billing patients for the cost of the exam, which is illegal. Advocates say the number of unreported violations is likely much higher. State regulators only inspect hospitals every three years or in response to a serious complaint. The Illinois law is “an empty threat” — and hospitals know it, said Jaclyn Rodriguez, the former state sexual assault nurse examiner coordinator with the state attorney general’s office.
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