Title 18Crimes and Criminal ProcedureRelease 119-73

§3772 Sexual assault survivors’ rights

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 238— - SEXUAL ASSAULT SURVIVORS’ RIGHTS › § 3772

Last updated Apr 6, 2026|Official source

Summary

Gives sexual assault survivors rights about medical exams and evidence kits. Survivors must be allowed to get a medical forensic exam and must not be charged. Evidence kits or the useful parts must be kept free for the length of the applicable statute of limitations or 20 years, whichever is shorter. Survivors can be told kit results (like DNA matches or toxicology) if that will not harm an active investigation. They must get written info about collection and storage rules and the kit’s location. If they ask in writing, they must get at least 60 days’ notice before a kit is destroyed and can ask to keep it longer. Survivors must be told these rights and other survivor protections in the law also apply. “Sexual assault” here means any nonconsensual sexual act under federal, tribal, or state law, including when the victim could not consent. Most of this is carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized.

Full Legal Text

Title 18, §3772

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)In addition to those rights provided in section 3771, a sexual assault survivor has the following rights:
(1)The right not to be prevented from, or charged for, receiving a medical forensic examination.
(2)The right to—
(A)subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
(B)be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation;
(C)be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit; and
(D)be informed of the status and location of a sexual assault evidence collection kit.
(3)The right to—
(A)upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal; and
(B)upon written request, be granted further preservation of the kit or its probative contents.
(4)The right to be informed of the rights under this subsection.
(b)Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors.
(c)In this section, the term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
(d)This section, other than paragraphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)).11 See References in Text note below. No additional funds are authorized to be appropriated to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984, referred to in subsec. (d), is section 1402(d)(3)(A)(i) of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601(d)(3)(A)(i) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20101(d)(3)(A)(i) of Title 34, Crime Control and Law

Enforcement

.

Prior Provisions

A prior section 3772, acts
June 25, 1948, ch. 645, 62 Stat. 846;
May 24, 1949, ch. 139, § 60, 63 Stat. 98;
July 7, 1958, Pub. L. 85–508, § 12(l), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(h), 73 Stat. 11; Oct. 12, 1984, Pub. L. 98–473, title II, § 206, 98 Stat. 1986, related to procedure after verdict, prior to repeal by Pub. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988.

Amendments

2022—Subsec. (a)(2)(D). Pub. L. 117–103 added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an

Effective Date

note under section 6851 of Title 15, Commerce and Trade.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3772

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73