§3772 Sexual Assault Survivors’ Rights

Summary

Sexual assault survivors must be allowed to get a medical forensic exam without being blocked or charged. The evidence kit from that exam must be kept free of charge for the shorter of the applicable statute of limitations or 20 years. Survivors must be told any kit results (like DNA matches or toxicology) unless doing so would hurt an active investigation. They must get written rules about how kits are collected and kept, be told where a kit is and its status, and be told about these rights. If a survivor asks in writing, they must get at least 60 days’ written notice before a kit is to be destroyed and can ask to have it kept longer. Other survivor protections in the law also apply. “Sexual assault” here means any nonconsensual sexual act under federal, tribal, or state law, including when a person cannot consent. Except for the rules about how long kits are kept and requests to extend preservation, these duties are paid for with funds from section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)), and no extra money is authorized.