A Cook County judge has recently permitted a lawsuit brought by a former University of Chicago student proceed on a medical malpractice theory that the U of C’s student medical center was negligent in not doing a “rape kit” after a student was assaulted, denying her the ability to secure criminal charges against her attacker. The University claims that the student refused the rape kit at the time of her examination.
The victim was raped at a party while she was a student at The U of C several years ago. She was required by her student health insurance to seek treatment at the student health clinic. The clinic failed to offer her a rape kit and because of its absence the victim alleges that the police and state’s attorney declined to prosecute her attacker. She also sued her attacker in civil court and allegedly settled with him for an undisclosed sum.