Victim’s Rights

Emergency Room

  • The victim has the right to have an advocate present.
  • The victim has the right to have privileged communication with an advocate.
  • The victim has the right to have an advocate present during a sexual assault exam.
  • The victim can choose to complete sexual assault exam or not – adults or minors regardless of reporting to police.
  • The victim has the right to have a free sexual assault exam.
  • The victim can withdraw consent for completing the sexual assault exam at any time.
  • The victim can have the hospital store sexual assault kit for at least a year if not ready to report to police.
  • The victim has the right to receive free HIV preventative medication.
  • The victim has the right to be notified of sexual assault kit testing, results, and if the kit will be destroyed.

Police

  • The victim has the right to report or not to police.
    • The only exception is if it is a child abuse/dependency/neglect.
    • Note: Not all child sexual abuse/assault is mandated to be reported to police.

Court

  • The victim has the right to attend any and all court proceedings including juvenile court.
  • The victim has the right to have an advocate in all court proceedings.
  • The victim has the right to complete victim impact statements before sentencing or release, including shock probation and parole.
  • The victim has the right to receive a free copy of defendant’s pre-trial conditions of release.
  • The victim has the right to a possible closed-circuit trial testimony for victims under the age of 12.
  • The victim has the right to apply for victim’s compensation.
  • The victim has the right to apply for a protective order.
  • The victim can register with VINE to receive automatic notification of court date, offender status, and service of protective orders.