Family & Safety

A medical forensic exam is a medical examination of a sexual assault survivor by a specially trained doctor or nurse, done with the survivor’s consent at a hospital or approved healthcare facility. If there is one available, a rape crisis counselor will be contacted. The counselor can stay with the survivor during the exam, as can anyone the survivor chooses to be there.

During the exam, the doctor or nurse is looking for any injuries to the survivor or evidence that could be used in a criminal case.  The doctor or nurse will also provide any needed medical treatment. The exam takes from two to six hours.

The survivor will be asked for permission to continue the exam throughout the process.

Yes. While the hospital must notify the police that a crime occurred, they will not provide law enforcement with personal information without the survivor’s permission.

A medical forensic exam is conducted at a hospital or an approved healthcare facility.

Yes. A sexual assault survivor can consent to a medical forensic exam and evidence collection without reporting the assault to law enforcement. The choice is up to the survivor to decide whether to report to law enforcement.

Hospitals must notify the police that a crime occurred, but will not provide personal information about the survivor without their permission. However, if the survivor is under the age of 18, over the age of 59, or a person with a disability between the ages of 18-59 who cannot self-report, the hospital is required to notify the appropriate state agency, which may then contact law enforcement. 

No. Sexual assault survivors should not be personally charged for the medical forensic exam.

Yes, drug testing is part of the medical forensic exam, but only if the medical provider suspects drug- or alcohol-facilitated sexual assault. The provider will ask the survivor if they took drugs or drank alcohol and may collect urine or blood samples. These samples will not be used against the survivor for any alcohol- or drug-related offense.

The Illinois Sexual Assault Evidence Tracking and Reporting Commission created a statewide tracking system called CheckPoint that tracks sexual assault evidence. Survivors are given a tracking number by hospital staff or law enforcement and can check:

• The test's location,
• Whether it has been submitted to a lab,
• Whether forensic testing has been done on it,
• Where it is stored,
• The date the evidence was sent to the lab, and
• What tests were performed.

CheckPoint will also provide an update for steps like completion of the lab work and lab report being sent to law enforcement.

Survivors of sexual assault have certain rights when they first come to the hospital under the Sexual Assault Survivors Emergency Treatment Act. Doctors and hospitals that give emergency treatment must follow these rules. If the survivor needs emergency treatment for sexual assault, they have the right to get:

• Information about emergency birth control,
• Emergency birth control (the morning-after pill) and medication for sexually transmitted diseases,
• Information about sexually transmitted diseases, pregnancy, and infection,
• Medical exams and any lab tests that will ensure the survivor’s health and collect evidence for police investigations (a sexual evidence kit),
• Tracking information for the survivor’s rape kit,
• Instructions about any follow-up exams the survivor should have,
• Instructions about the medication the survivor may need,
• Referrals for counseling, and
• Medical advocacy services provided by a rape crisis counselor.

The Sexual Assault Survivors Emergency Treatment Act can be found at 410 ILCS 70/. More information can be found at the Illinois Attorney General’s website.