We are failing sexual assault survivors. HB 79 will fix that.
There were 1,524 reported cases of sexual assault in Montana in 2019 — that’s 430 more cases than in 2013. Worse yet, we know that some rapists aren’t held accountable because many people who have been sexually assaulted aren’t able to report it due to our inadequate system to support them as they seek justice.
No victim should be left without a proper sexual violence response to achieve treatment and justice. Thankfully, Montana Attorney General Austin Knudsen is championing a bill to address these issues in House Bill 79. Proposed by Rep. Amy Regier of Kalispell, this bill would increase the resources needed to respond to sexual assault crimes and help survivors find healing. Most importantly, it will help ensure people who commit these crimes are prosecuted to the fullest extent of the law.
Specifically, House Bill 79 will address the shortage of sexual assault nurse examiners (SANE). These qualified forensic nurses provide an official evaluation and treatment of trauma, refer the patient to counseling and follow-up medical care, and allow the collection of evidence following a report of sexual assault by a victim. Obtaining a SANE exam is essential from both a legal and a personal standpoint because it helps preserve evidence while also facilitating a survivor’s healing. At the end of the day, having access to a SANE exam is often the difference between achieving justice or letting a criminal go free.
In order to preserve evidence, people who have been sexually assaulted cannot go to the bathroom, change clothes, shower, eat, or drink prior to a SANE exam. However, only 17 to 20 percent of American hospitals have SANEs on staff. Because of this, survivors of sexual assault may have to wait for hours at the hospital before the trained nurse is able to perform the exam. Those in rural Montana may have to drive hours to a hospital with a SANE on staff. It is clear we need more SANEs across the state.
House Bill 79 will help increase the number of nurses who receive SANE training by creating a sexual assault response network program. Specifically, this program will recruit and organize SANE trainers. Nursing is a challenging profession, but it’s even more difficult for SANEs who carry the burdens of sexual assault victims from all walks of life. One forensic nurse in Helena reported that she has cared for sexual assault victims who were as young as less than a year old and as old as 92. This bill will combat SANE burnout by fostering a strong support network and providing resources and authority figures to turn to when needed.
Fortunately, House Bill 79 will advance access to Tele-SANE. Through technology, Tele-SANE provides remote, real-time support by an off-site qualified provider to both the on-site nurse and the patient. Tele-SANE has been highly successful in other states, and it will particularly benefit those in rural areas of Montana.
Victims of sexual assault experience unbearable pain and trauma. We owe it to them and future generations of Montanans to address sexual assault head-on by providing the necessary resources and care and the proper tools to put criminals behind bars. House Bill 79 will do so across the state.
We are grateful to Attorney General Austin Knudsen and Representative Amy Regier for introducing this much-needed bill, and we are glad it passed the legislature. We strongly urge Governor Greg Gianforte to sign this critically important piece of legislation and help countless survivors of sexual assault receive the care and justice they deserve.
Annalise Wilson is the SANE Coordinator at Logan Health Kalispell, Debbie Mulcahy is the Director of Critical Care and Seasonal Clinics at Logan Health Whitefish, and Mark Kraft is Chief of Police at Sidney Police Department.