CHICAGO – An Illinois law designed to ensure sexual assault victims receive appropriate care in hospitals also includes an exclusion that allows patients to be transferred if hospitals cannot provide services such as physical examinations. rape kit, but it can have unintended consequences.

Supporters argue that this can disrupt the chain of custody for things like evidence collection and create a deterrent effect when victims may decide not to travel further to take a rape exam.

“It now means a survivor has to go much further, that’s where we see the real impact on a survivor,” said Carrie Ward of 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 that hospitals across the state failed to properly treat victims because of a series of missteps – ranging from poor record-keeping to more serious violations. like failing to contact the police and handing over rape kits – some of which we found had been sitting on shelves for years.

Although Illinois law requires hospitals to provide treatment, there are no real consequences for those who don’t.

NBC 5’s investigations were able to find only one hospital – Weiss Memorial in Chicago – that had been fined in the past six years and only after its previous correction plans were rejected by the State. The hospital was found to be in violation because it did not have adequate staff and supplies and did not offer forensic examinations.

In all, our survey found 88 Illinois hospitals over a six-year period failed to adequately treat sexual assault victims, although this figure may be an underestimate given that hospital inspectors only reviewed a sample of patient files during inspections.

State law known as the Illinois Sexual Assault Survivors Emergency Treatment Act – or SASETA – requires the hospital to provide services to rape victims – including offering examinations rape kit, contacting the police, providing information about STDs and drug testing, and other services like access to a shower. free and sexual assault counselors.

But our months-long investigation found time – that didn’t happen.

And of the 85 hospitals we found with transfer agreements, more than half send patients between 40 and 80 miles away.

When Cheryl Thompson, 62, went to Union County Hospital on New Year’s Day to report she was going to be sexually assaulted, she said the emergency room doctor told her she was ” too big and too tall” to have been attacked. In his statement to Illinois State Police, Thompson said the doctor denied his claims. She filed a complaint with the IDPH.

Months later, detectives discovered the hospital had collected her urine and blood to test for a date-rape drug, but were unable to contact police.

Traumatized by her experience, Thompson said she waited eight days to go to another hospital even though Union County Hospital had offered to refer her to another hospital in Mount Vernon, more than 70 miles away. .

“Basically, I blame this hospital because I don’t have DNA,” she said.

In a recent interview, State Rep. Kelly Cassidy told NBC 5 Investigates she would like to change state law to limit the distance victims are forced to travel.

“I think a lot of things need to change. I think we need real accountability measures. I no longer think it’s acceptable to allow hospitals to violate these laws with impunity. Trying to be partners and working together worked.”

The Illinois Health and Hospital Association attributed these problems to changes made to the law in 2018, noting that they created “challenges… hindering optimal access to care for survivors…” according to a statement sent to NBC 5 Investigates.

Specifically, IHA referenced the challenge of recruiting sexual assault nurse examiners and said it was working with the hospital community and other state agencies to “identify statutory changes or regulatory requirements” that “could further ensure that survivors are treated in a timely manner.”