April is Sexual Assault Awareness Month.
This year, we stand to recognize and thank the lawmakers, advocates and supporters who helped pass a new law to ensure that sexual assault survivors are provided with compassionate medical care at all Hawaii hospitals.
On Monday, Gov. Neil Abercrombie signed House Bill 411 into law. This legislation requires all Hawaii hospitals to provide medically and factually accurate and unbiased information about emergency contraception to female sexual assault survivors who present for emergency services and to dispense the medication to survivors who request it.
HB 411 was introduced as a part of the Women’s Legislative Caucus package. The bill received strong support, and passed the House with 42 votes and the Senate with 23 votes before heading to the governor’s desk.
For nearly 20 years, the bill was introduced each session. This year it finally passed because of the hard work and dedication of many. It would not have been possible without the solid leadership in both the House and Senate, the backing of the governor and his administration, the compelling testimony from those committed to supporting survivors of sexual assault, and the persistent calls and emails from the members of the community who urged lawmakers to pass this important bill. These efforts, not only this year but over the years, raised awareness and imparted a deeper understanding of an issue that affects so many women.
Unfortunately, sexual violence remains a major public health issue here in Hawaii. According to the attorney general’s report, "Crime in Hawaii," there were 353 reported forcible rapes in 2011. However, sexual violence is severely underreported. The U.S. Department of Justice concluded that between 2006 and 2010, 65 percent of rapes and sexual assaults went unreported.
Sexual assault is a violent and devastating crime, and the impacts are significant. Survivors face not only emotional trauma, but very real physical consequences, including the possibility of pregnancy. According to one survey, becoming pregnant was a concern to more survivors than contracting sexually transmitted diseases or HIV/AIDS.
Pregnancy prevention is a time-sensitive issue, as emergency contraception is most effective when taken within 72 hours following an assault, and the interactions immediately following an assault are critical.
For years, the American Medical Association, American College of Obstetricians and Gynecologists and American College of Emergency Physicians have all recommended that sexual assault survivors should be provided with information regarding emergency contraception and provided with treatment if indicated. Yet, there are hospitals in Hawaii that do not provide information about emergency contraception to every female survivor of sexual assault or dispense the medication.
A hospital that provides emergency medical services to the public should not withhold medically accurate information and recommended treatment from a patient, especially after such a horrific event. The law recognizes that the accepted standard of medical care must be provided to all survivors by all hospitals.
With the passage of this legislation, a sexual assault survivor can be guaranteed to receive the standard of care recommended by leading medical organizations and this same level of medical care regardless of what facility she presents at.
This law is truly sound, compassionate legislation that safeguards the rights of all women in Hawaii.