Oconee Co. hospital gave rape kit to victim to deliver to police, says lawsuit

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A lawsuit filed by a Jane Doe, claims that a nurse at an Oconee County hospital, gave the victim her rape kit to deliver to police for an investigation.

The lawsuit states that two years ago a woman was in Atlanta, when she believes she was drugged and then raped. Fleeing back to her hometown of Oconee County, the woman says she drove immediately to Oconee County Memorial, to be given a sexual assault forensic exam.

The exam was performed, according to the lawsuit, which included a mandatory blood draw, to test if the date rape drug was in her system.

According to the lawsuit, DeKalb County officers told the nurse that they would not come and pick the rape kit results up. The lawsuit states the nurse told Jane Doe that she would have to take the kit back to the officers in Georgia herself. Jane Doe says she did just that.

When Doe delivered the kit to officers, they investigated and then closed the case, because of the broken chain of custody and a missing blood sample, according to the lawsuit.

According to the Sexual Assault Protocol guidelines from South Carolina Attorney General Alan Wilson, the evidence packages should be sealed and transferred only from a medical professional to a law enforcement officer. That same protocol states that a vile of blood is mandatory to be able to show test results for any drugs.

To read that protocol, click here: SCAG Sexual Assault ProtocolA

Doe hopes that this lawsuit not only brings her justice, but brings change for others.

To read the full lawsuit, click here: Oconee County Hospital lawsuit

Oconee County Memorial is owned and operated by the Greenville Health System. We reached out to them for their policy on the handling of rape kits and chain of custody. They refused to provide their guidelines because of the pending litigation.