§ 20-13-1401 - Findings -- Purpose. - Arkansas Statutes

20-13-1401. Findings -- Purpose.

(a) The General Assembly finds that:

(1) One (1) of every six (6) women in the United States will be the victim of a sexual assault;

(2) Forty-four percent (44%) of the victims of a sexual assault are under eighteen (18) years of age, and eighty percent (80%) of the victims of a sexual assault are under thirty (30) years of age;

(3) It is estimated that sixty percent (60%) of all sexual assaults are not reported;

(4) A woman who is the survivor of a sexual assault may face the additional trauma of an unwanted pregnancy or the fear that pregnancy may result;

(5) Each year, between twenty-five thousand (25,000) and thirty-two thousand (32,000) women in the United States become pregnant as a result of sexual assaults, and approximately twenty-two thousand (22,000) of these pregnancies could be prevented if these women used emergency contraception;

(6) Standards of emergency care established by the American College of Emergency Medicine and the American Medical Association require that sexual assault survivors be counseled about their risk of pregnancy and offered emergency contraception;

(7) The National Protocol for Sexual Assault Medical Forensic Examinations issued by the United States Department of Justice Office on Violence Against Women recognizes pregnancy as an often overwhelming and genuine fear among sexual assault survivors and recommends that health care providers discuss treatment options with patients, including reproductive health services;

(8) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to the medication for women over eighteen (18) years of age;

(9) Emergency contraception is designed to prevent pregnancy if taken within one hundred twenty (120) hours after unprotected sexual intercourse, but it is most effective if taken within twenty-four (24) hours after unprotected sexual intercourse;

(10) There are inconsistent policies and practices among Arkansas hospitals for dispensing emergency contraception and providing education to sexual assault survivors; and

(11) Because emergency contraception is time-sensitive and a sexual assault survivor may have delayed seeking hospital treatment, it is critical that she be informed of this option at the time of her treatment.

(b) The purpose of this subchapter is to:

(1) Promote awareness of the availability of emergency contraception for sexual assault survivors as a compassionate response to their traumas; and

(2) Reduce the number of unintended pregnancies and induced abortions that result from sexual assault.