§3772 Sexual Assault Survivors’ Rights

Summary

Gives sexual assault survivors extra rights. They cannot be stopped from getting a medical forensic exam or be charged for it. Their evidence kit or its useful parts must be kept free for the shorter of 20 years or the longest applicable statute of limitations. Survivors can be told kit results (DNA matches, toxicology, or other exam information) unless that would harm an active investigation. They get written policies and must be told the kit’s status and location. If a kit will be destroyed, survivors who ask must get written notice at least 60 days before and may request longer preservation. "Sexual assault" means any nonconsensual sexual act under federal, tribal, or state law, including when the victim lacks capacity to consent. Other victim rights in section 3771 apply. Most of these duties (except the free 20‑year preservation and the right to extended preservation) are paid under 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.