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forth a requirement that no state “shall require a victim of sexual violence to participate in the criminal justice system or cooperate with law enforcement in order to be provided a forensic medical exam or to be reimbursed for charges incurred on account of such an exam." States have until January 5, 2009 to comply with this requirement. Failure to comply will result in the loss of $2.5 million in federal funds.
The Governor's proposal would amend §19.2-16.1 of the Code of Virginia to remove the requirement that victims must agree to participate in the criminal justice process in order to have their PEKK paid for bv the Commonwealth of Virginia.
“The Code is not sufficiently clear about when forensic exams are conducted and under what circumstances costs will be paid by the Commonwealth," Governor Kaino said. “As a result, victims may suffer unnecessary additional trauma . and some victims may go without necessary medical care. Additionally, valuable evidence may be lost. This change will make the process more sensitive to a victim’s needs immediately following victimization
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