What is "Forensic Compliance?"

"Forensic Compliance" is the term we use to discuss whether rules surrounding the exam offered to victims of sexual violence are being followed. 

The federal Violence Against Women Act (VAWA) requires states to ensure that victims of sexual violence offered the medical forensic exam regardless of the victim's willingness to cooperate with the police or make a report. The Act also requires states to ensure that victims are not burdened with the cost of that exam.  The law recognizes that while victims are not always ready to make a police report immediately after an assault, they should not be deterred from seeking critical health care and time-sensitive evidence collection.

As of January 5, 2009, all states must be in compliance with this mandate in order to continue to receive VAWA funding. Although Minnesota is technically in compliance through Minn. Stat. §609.35 (2007), many details remain unsettled. Because the Minnesota statute requires counties to pay for the examination, there is great variation in practice among Minnesota’s 87 counties. For example, there has been confusion about which agency within the county is responsible for payment, where evidence collection kits from non-reporting victims are stored, and how long such kits will be stored. This sometimes results in an unpredictable system for victims and professionals alike to navigate.