Survivor Rights
YOUR RIGHTS AS A SURVIVOR OF SEXUAL ASSAULT OR HUMAN TRAFFICKING.
The following rights of survivors of sexual assault and human trafficking attach whenever a survivor is subject to a medical forensic examination or any interviews by law enforcement in relation to injuries, trauma, or an investigation.
The survivor retains these rights regardless of whether they agree to participate in any civil or criminal proceeding related to what occurred, and regardless of whether the survivor consents to a medical forensic examination to collect forensic evidence related to the event.
The survivor has the right to be informed of their rights as a survivor under residing state law before the commencement of any medical forensic examination or any interview by law enforcement.
You have the right to speak with an advocate or victim service provider during any hospital visit for the purpose of receiving any examination. If an advocate or victim service provider is not available, you have the right to speak with a social worker. You retain these rights even if you have waived one or more of these rights in a previous examination or interview.
Your private communications with an advocate, victim services provider, or social worker are not admissible into evidence for any purpose except with your explicit consent.
In cases of pregnancy, if you disclose the name of the other parent of the child the advocate can be compelled to testify, but only on matters of paternity.
You have the right to be provided with a medical forensic exam and any additional forensic services without charge. You can ask the person administering your exam whether they have been trained to do so. You have the right to decline any part of the examination. You have the right to a shower at the medical facility following the examination.
You have the right to speak with an advocate or victim service provider during the course of the investigation. If an advocate or victim services provider is not available, you have the right to speak with a social worker. You retain these rights even if you have waived one or more of these rights previously.
*Note: This applies to the investigation in addition to the forensic exam.
You have the right to be treated with fairness, dignity, and respect. You have the right to be free from intimidation, harassment, and abuse at all times throughout this process.