TBN: Evander Kane sex offense investigation case closed: No Charges [Mod Warning Post 30]

[SackTastic]

Please.

You guys are acting like these athletes do nothing but play and practice. They have lives too. Lots of worshipped athletes in this town were well known to be out a LOT more than you might expect.

 

[White Out 403*]

I covered that earlier. The hospital staff cannot call law enforcement to notify them of a potential sexual assault. They can only do so with the consent or by request of the patient.

No, they're not supposed to. Nothing stopping them from picking up the phone and calling the police. Provide evidence they didn't call the police. You can't. You're assuming.

People aren't supposed to speed either, but according to you the guy who cut me off today on the highway is a figment of my imagination. Hell that's a law, not even a guideline.

 

[SackTastic]

No, they're not supposed to. Nothing stopping them from picking up the phone and calling the police. Provide evidence they didn't call the police. You can't. You're assuming.

People aren't supposed to speed either, but according to you the guy who cut me off today on the highway is a figment of my imagination. Hell that's a law, not even a guideline.

It's a massive HIPAA violation to release protected health information to a 3rd party. It's also a direct contravention of NYS Department of Health protocol which explicitly states that in the event of a patient being a potential sexual assault victim, they can only advise the patient of their right to talk to law enforcement or notify IF the patent requests it. They cannot just pick up the phone and report that on their own.

No, I don't know who called whom , when, and on whose authority. But I can tell you that what the rules are, and that when I worked in EMS those rules were STRICTLY followed.

 

[tsujimoto74]

No, they're not supposed to. Nothing stopping them from picking up the phone and calling the police. Provide evidence they didn't call the police. You can't. You're assuming.

People aren't supposed to speed either, but according to you the guy who cut me off today on the highway is a figment of my imagination. Hell that's a law, not even a guideline.

Health care workers usually enjoy having their licenses and try to keep them. Not even remotely close to comparable with speeding.

 

[AV18]

Ethically hospitals shouldn't call the police without the victim's consent, but it happens. They don't provide the victim's name or information, they just simply report that there is a rape victim there.

 

[JLewyB]

She texted a friend saying she's going with Evander or at least not home. I think that's good for EKane

 

[White Out 403*]

Ethically hospitals shouldn't call the police without the victim's consent, but it happens. They don't provide the victim's name or information, they just simply report that there is a rape victim there.

This.

 

[kenfury]

She texted a friend saying she's going with Evander or at least not home. I think that's good for EKane

Citation needed.

EDIT: found it. http://sabres.buffalonews.com/2015/12/29/kane-investigation-could-take-weeks/

 

[Sabre Dance]

She texted a friend saying she's going with Evander or at least not home. I think that's good for EKane

He didn't kidnap her.

 

[obey86]

I covered that earlier. The hospital staff cannot call law enforcement to notify them of a potential sexual assault. They can only do so with the consent or by request of the patient.

Maybe the law is different here (I live in Michigan) than in Buffalo but here we are required by law to report all assaults (including sexual) to the local police department whether or not the patient wants to report it. Now, obviously, no one can make the patient/victim tell information they don't want to tell (location of assault, alleged suspect, etc) but the fact the assault occurred is still required to be reported regardless of the patient's wishes.

Again, if what you're saying is true the law must be different in Buffalo than it is here.

 

[ihadtochangethename]

She texted a friend saying she's going with Evander or at least not home. I think that's good for EKane

most victims know their attackers, this means absolutely nothing for Kane

 

[SackTastic]

Maybe the law is different here (I live in Michigan) than in Buffalo but here we are required my law to report all assaults (including sexual) to the local police department whether or not the patient wants to report it.

NY law is different in this area, correct.

 

[White Out 403*]

Maybe the law is different here (I live in Michigan) than in Buffalo but here we are required by law to report all assaults (including sexual) to the local police department whether or not the patient wants to report it. Now, obviously, the patient/victim can withhold any information they want (location of assault, alleged suspect) but the assault is still required to be reported.

Again, maybe the law is different in Buffalo than here.

What was being described was a policy for nurses to follow, not a law.

As others have stated... there is nothing stopping a nurse from calling the police to speak with a potential rape victim. Zip. They dont have to provide the name or info or anything. Simply call the police and say, 'hey, we got a lady here who is beat up and possibly a rape victim of has been assault, can you come down and see if she will talk to you'

this violates nothing. despite what one ardent poster will have you believe

 

[White Out 403*]

as a follow up, this scenario is perfectly likely and just as damning to Kane:

under-age for alcohol victim is given drinks by Kane. this is illegal right off the hop.
Kane gets her stone cold drunk
They have sex, Kane admits to this. Consensual or not is up in the air.
she wakes up next idea no idea what happenened
goes to hospital
hospital sees evidence of rape and assault.
nurses , concerned with her safety ask 'can we call the police to come and talk to you'
stunned and confused woman agrees

that scenario is perfectly legal and abides by the regulations in ny state, and, is equally damning as the nurses just calling in the cops anyways without first talking to her.

 

[obey86]

What was being described was a policy for nurses to follow, not a law.

As others have stated... there is nothing stopping a nurse from calling the police to speak with a potential rape victim. Zip. They dont have to provide the name or info or anything. Simply call the police and say, 'hey, we got a lady here who is beat up and possibly a rape victim of has been assault, can you come down and see if she will talk to you'

this violates nothing. despite what one ardent poster will have you believe

Uh, if the law says they are not required to report it and the patient does not want it reported then that would be a direct violation of her rights. It's the patient's choice whether to involve law enforcement or not, not the hospital's. The police can't just come to the hospital and say "Hey, I heard there might be a sexual assault victim here. Even though she doesn't want to talk to the police can you take me back to her room anyways?" That's preposterous. The hospital would be in some deep ****.

 

[White Out 403*]

Uh, if the law says they are not required to report it and the patient does not want it reported then that would be a direct violation of her rights. It's the patient's choice whether to involve law enforcement or not, not the hospital's. The police can't just come to the hospital and say "Hey, I heard there might be a sexual assault victim here. Even though she doesn't want to talk to the police can you take me back to her room anyways?" That's preposterous. The hospital would be in some deep ****.

I actually hard think it matters at all, and I don't want to get bogged down on this kind of silly debate. Fact is, this lady showing up at the hospital and a nurse suggesting she should speak to the police because she may have been raped is damning enough.

 

[obey86]

If a patient has not contacted law enforcement officers before arriving at a health
care facility, she should be informed of the right to report the crime. Hospital
personnel should not call the police and identify a sexual assault patient, absent a
legal obligation to do so, or absent a patient’s consent. It is the adult patient’s
choice whether or not to involve law enforcement personnel. If the patient so
chooses, providers should assist her in contacting law enforcement officials.

https://www.health.ny.gov/professio...elines/sexual_assault/docs/adult_protocol.pdf

 

[obey86]

as a follow up, this scenario is perfectly likely and just as damning to Kane:

under-age for alcohol victim is given drinks by Kane. this is illegal right off the hop.
Kane gets her stone cold drunk
They have sex, Kane admits to this. Consensual or not is up in the air.
she wakes up next idea no idea what happenened
goes to hospital
hospital sees evidence of rape and assault.
nurses , concerned with her safety ask 'can we call the police to come and talk to you'
stunned and confused woman agrees

that scenario is perfectly legal and abides by the regulations in ny state, and, is equally damning as the nurses just calling in the cops anyways without first talking to her.

If the woman agreed to the police being called then she would have given consent to get the police involved and there would be no violation of her rights.

Not sure what you are arguing exactly. The woman agreeing that the nurse can call the police IS her giving consent to get the police involved. That's not the nurse/hospital going behind the woman's back/the law and notifying the police against her will.

 

[White Out 403*]

If the woman agreed to the police being called then she would have given consent to get the police involved and there would be no violation of her rights.

Not sure what you are arguing exactly. The woman agreeing that the nurse can call the police IS her giving consent to get the police involved.

right, but, some people are trying to draw a distinction here. theyre trying to suggest that theres a difference between her initiating the contact to the police, and the nurses. theyre both bad for kane. i think someone made a point earlier saying how its bad for kane because nurses got police involved, some how proving that she isnt after money. so someone retorted that no, its not possible that happened, she had to get police involved. even if thats the case, which is debatable, a nurse suggesting she see police and her agreeing is just as damning for kane.

 

[DazedandConfused]

https://www.health.ny.gov/professio...elines/sexual_assault/docs/adult_protocol.pdf

Is she considered an adult at 20 in America? Serious question.

 

[ihadtochangethename]

Is she considered an adult at 20 in America? Serious question.

18 is an adult in america. 21 is legal age to drink.

 

[tsujimoto74]

I actually hard think it matters at all, and I don't want to get bogged down on this kind of silly debate. Fact is, this lady showing up at the hospital and a nurse suggesting she should speak to the police because she may have been raped is damning enough.

P Kane's accuser went straight to the hospital too. Look how that turned out.

 

[White Out 403*]

P Kane's accuser went straight to the hospital too. Look how that turned out.

circumstances are vastly different, but, ok?

 

[Sabre the Win]

What is this? The HF Legal Team?

This entire incident is a headache to the fans.

 

[B U F F A L O]

For those of you that are in here arguing and talking about this without any facts, im willing to bet you are the same people who slow down when you see a cop has a person pulled over on the highway in opposing traffic