CHICAGO - An Illinois law designed to ensure victims of sexual assault receive proper care inside hospitals also includes a carve out that allows patients to be transferred if the hospital determines it can't provide services like rape kit exams.
Advocates argue this can disrupt the chain of custody for things like evidence collection and creates a chilling effect where victims may decide to not travel further to get a rape exam.
"That now means a survivor has to go that much further, that's where we see the real-life impact on a survivor," said Carrie Ward with the Illinois Coalition Against Sexual Assault.
An NBC 5 Investigates' review of 185 Illinois hospital inspection reports filed by the Illinois Department of Public Health between 2018 and 2024 found hospitals across the state have failed to properly treat victims through a series of missteps – from poor record-keeping to more serious violations like failing to contact police and turnover rape kits – some which we found sat on the shelves for years.
While Illinois law requires that hospitals offer treatment, there's no real consequence for those that don't.
NBC 5 Investigates could find only one hospital - Weiss Memorial in Chicago - that had been fined over the past six years and that was only after its previous plans of correction were rejected by the state.
The hospital was found in violation for failing to have adequate staff and supplies and failing to offer forensic exams.
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All told, our investigation found 88 Illinois hospitals over a period of six years failed to properly treat victims of sexual assault, though that figure could be an undercount given that hospital inspectors only looked at a sampling of patient records during inspections.
The state law known as the Illinois Sexual Assault Survivors Emergency Treatment Act – or SASETA – requires that hospital offer services to rape victims - including offering rape kit exams, contacting police, providing information on STD and drug testing and other services like access to a shower free of charge and sexual assault counselors.
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But our months-long investigation found time again – that didn’t happen.
And of the 85 hospitals we found with transfer agreements, more than half send patients between 40 to 80 miles away.
When 62-year old Cheryl Thompson went to Union County Hospital on New Year's Day to report she'd be sexually assaulted, she says the ER physician told her she was "too fat and too tall" to have been assaulted. In her statement to Illinois State Police, Thompson said the doctor was dismissive of her claims. She filed a complaint with the IDPH.
Months later inspectors found the hospital had collected her urine and blood to test it for a date rape drug but failed to contact police.
Traumatized by her experience, Thompson says she waited eight days to go to another hospital even though Union County Hospital had offered her a referral to another hospital in Mount Vernon - more than 70 miles away. A story reported earlier this year by American Public Media examined the hardships that these transfer agreements place on victims.
"I basically blame that hospital because I have no DNA," she said.
In a recent interview, State Rep. Kelly Cassidy told NBC 5 Investigates that she'd like change state law to rein in how far victims are forced to travel.
"I think a lot needs to change. I think we need real accountability measures. I don't think it's acceptable anymore to allow hospitals to violate these laws with impunity. Trying to be partners and working together has worked."
The Illinois Health and Hospital Association blamed the problems on changes to the law in 2018 noting that it created "challenges ... hindering optimal access to care for survivors..." according to a statement sent to NBC 5 Investigates.
Specifically, the IHA referenced the challenge in hiring sexual assault nurse examiners and said it is working with the hospital community and other state agencies to "identify statutory or regulatory changes" that "may further ensure survivors are treated in a timely manner."
