Legal Question in Criminal Law in Wisconsin

In July of 2009 I was falsely accused of rape by an acquaintance. A suspect rape kit examination for me was ordered by search warrant, of which I complied (was taken to hospital while in police custody).

A few days later the acquaintance involved admitted she made up the entire thing. She has been charged with resisting and obstructing an officer.

In August I received a bill from the hospital for upwards of $1500 for the cost of the examination. The hospital has been of little help, saying I am the one who gets billed because I was the patient. The police department is working with the DA to try to get the acquaintance to pay the bill as part of her trial resolution, but I have little confidence that she will pay.

Do I have any recourse to force the police department to take over responsibility for this bill? Who is typically charged by the hospital in the situation of a rape kit examination ordered by search warrant? What other actions can I take to protect my financial interests and credit rating? I am in Wisconsin.


Asked on 8/25/09, 10:23 am

1 Answer from Attorneys

JAY Nixon nixon law offices

You should certainly push for the court which is hearing her obstructing charges to order her to pay the hospital bill as part of a restitution order. However, restitution can only be court ordered if she is convicted of a criminal charge of obstructing rather than being reduced to an ordinance violation. As the victim, you have the right to be notified if this reduction of the charge is being considered for here. However, you will need to protect yourself by making sure that the court and DA know about you (since obstructing by lying to the police usually does not involve an individual victim). Your first step is to contact the District Attorney's office who is prosecuting her to make sure that you have a restitution affidavit on file with a copy of the bill attached. They will probably refer you to their victim/witness unit, since you were certainly the victim of a crime here. Additionally, you should contest the hospital bill if the test was really done under police orders as opposed to anything which you authorized or which benefited you in any way. $1500 also seems a bit steep for examination of a male rape suspect, since I would imagine that not much more than DNA sampling and a visual examination (for cuts or traumatic injuries) occurred at the hospital. Finally, you would have four months to serve a sworn notice of claim and notice of injury upon the municipality which runs the police department for the amount of this bill, since, at minimum, they are jointly and severally liable for it along with you. My comments here are not intended as specific legal advice for you, unless you subsequently retain me a revisit this issue with me. Good luck!

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Answered on 9/04/09, 6:52 am


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