This text of Wyoming § 6-2-309 (Medical examination of victim; costs; use of
report; minors; rights of victims; reimbursement) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A law enforcement agency receiving a report of a
sexual assault may, with the victim's consent, arrange for an
examination of the victim by a licensed health care provider
acting within the scope of the provider's practice. The
examination may include a medical examination and treatment,
evidence collection and evaluation, and appropriate referrals
for follow-up treatment and services. Upon consent of the
victim to release of the results of the examination, the
evidence, record and reports shall be delivered to the law
enforcement agency.
(b)Repealed By Laws 2006, Chapter 77, § 2.
(c)Repealed by Laws 1991, ch. 130, § 2.
(d)Repealed By Laws 2006, Chapter 77, § 2.
(e)If a report of a sexual assault is received from a
minor victim, and the parents or guardian of the minor cannot be
lo
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(a) A law enforcement agency receiving a report of a
sexual assault may, with the victim's consent, arrange for an
examination of the victim by a licensed health care provider
acting within the scope of the provider's practice. The
examination may include a medical examination and treatment,
evidence collection and evaluation, and appropriate referrals
for follow-up treatment and services. Upon consent of the
victim to release of the results of the examination, the
evidence, record and reports shall be delivered to the law
enforcement agency.
(b) Repealed By Laws 2006, Chapter 77, § 2.
(c) Repealed by Laws 1991, ch. 130, § 2.
(d) Repealed By Laws 2006, Chapter 77, § 2.
(e) If a report of a sexual assault is received from a
minor victim, and the parents or guardian of the minor cannot be
located promptly with diligent effort, the examination provided
for by subsection (a) of this section may be conducted with the
minor's consent. If a report of a sexual assault is received
alleging a minor as the victim and a parent or guardian is the
suspected perpetrator, the parent or guardian who is the
suspected perpetrator shall not be notified pursuant to this
section.
(f) Repealed By Laws 2006, Chapter 77, § 2.
(g) Except as provided by subsection (j) of this section,
the costs of any examination relating to the investigation or
prosecution of a sexual assault shall be billed to and paid by
the victim services division of the office of the attorney
general contingent upon available funding. The victim services
division shall promulgate any rules necessary to effectuate
payments required under this subsection. If victim services
division funds are no longer available to meet the purposes of
this subsection, the cost of any examination relating to the
investigation or prosecution of sexual assault shall be billed
to and paid by the investigating law enforcement agency. These
examination costs shall include the following:
(i) The cost of gathering evidence; and
(ii) Any other examinations authorized by law
enforcement to aid in the investigation and prosecution of the
sexual assault.
(h) Except as provided by subsection (j) of this section,
any examination costs directly incurred by a sexual assault
victim that are not covered by subsection (g) of this section,
or other collateral source, shall be submitted to the victim
services division within the office of the attorney general for
determination of eligibility for payment from the crime victims
compensation account established by W.S. 1-40-114. All requests
for compensation from the account shall be subject to the
eligibility guidelines set forth in the Crime Victims
Compensation Act, W.S. 1-40-101 through 1-40-119.
(j) A convicted offender of a sexual assault shall be
ordered to reimburse any costs incurred under subsections (g)
and (h) of this section and any other costs incurred as a direct
result of the sexual assault.
(k) Each victim reporting a sexual assault shall be
informed of the rights enumerated in this section, the victim's
rights to informed consent and the victim's rights as a victim
of crime. The victim shall also be informed of available
medical, legal and advocacy services.
(m) The examinations authorized by this section shall
remain confidential healthcare information unless the victim or
the victim's parent or legal guardian executes a release of
medical information for the purpose of prosecution to the county
attorney, the state of Wyoming or any relevant court. However,
if the report of sexual assault described in subsection (a) of
this section results in the filing against any person of a
criminal charge, or the filing of a petition alleging a
delinquent act which would be a felony if committed by an adult,
the written report disclosing the results of an examination made
pursuant to this section shall be made available to the person
charged or his counsel upon demand.
(n) No evidence collected under subsection (a) of this
section shall be destroyed until all applicable statutes of
limitation have expired or a court orders the destruction.