§ 15-23-121 — Rights of Sexual Assault Victims

(a) A sexual assault survivor has the following rights:
(1)a. Not to be prevented from, or charged for, receiving a medical forensic examination.
b. For the purposes of this subdivision, a health care provider may bill a health insurer for providing a medical forensic examination.
(2) To have a sexual assault evidence collection kit or its probative contents preserved by law enforcement agencies, without charge, for at least 20 years or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred.
(3) Upon request, to be informed by the investigating law enforcement agency, of test results from the sexual assault evidence kit, including a DNA profile match, or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing law enforcement investigation.
(4) Upon written request, to be informed of policies governing the collection and preservation of a sexual assault evidence collection kit.
(5) Upon written request, to receive written notification, from the investigating law enforcement agency with custody of the kit or its probative contents, of the intended destruction or disposal of the kit or its probative contents at least 60 days before the intended destruction or disposal.
(6) Upon written request, to be granted further preservation of the kit or its probative contents for an additional 20 years.
(7) To be informed of the rights under this subsection.
(b) The term sexual assault, as used in this section, is defined as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.

Legislative History

(Act 2021-481, §2.)