YOUR RIGHTS AS A SURVIVOR OF SEXUAL ASSAULT:
You are never required to participate in the criminal justice system or receive a physical exam in order to keep your rights. You get to choose whether you get an exam, whether and how you report the assault, and how much you participate in the process.
YOU HAVE THE RIGHT TO
Contact Your Local Rape Crisis Center:
COMMUNITY VIOLENCE SOLUTIONS (CVS)/RAPE CRISIS:
Local rape and child molest program, counseling, and victim advocacy (800) 670-7273
YOU HAVE THE RIGHT TO
- Seek a Civil Protection Order: More information on the process here: http://www.courts.ca.gov/1260.htm
- Seek an Emergency Protective Order: To help keep you safe. (Ask a law enforcement officer).
- Seek Financial Assistance: for covering the costs arising from your assault (through Victim Compensation in California), the process for applying can be found here: http://victims.ca.gov/victims/howtoapply.aspx.
- Have a 24-Hour Confidential Sexual Assault Counselor (victim advocate) or at Least One Other Person of Your Choosing Present during any exam or investigative interview.
YOU HAVE THE RIGHT TO
- Ask for the Status and Results of the analysis of all evidence related to your assault.
- Ask the law enforcement officer for a tracking number and steps to get follow up information.
- Know that DNA and other types of evidence can degrade/break down overtime due to exposure to heat, water, and other materials. In general, DNA evidence on the body last from 12 hours to 7 days. YOU HAVE THE RIGHT TO BE INFORMED OF THE FOLLOWING:
- Whether or not the evidence is analyzed within 18 months of your assault.
- Whether or not a DNA profile of your assailant was developed from the evidence.
- Whether or not the DNA profile of your assailant has been entered into the law enforcement database.
- Whether or not the DNA profile of your assailant matches a DNA profile contained in the law enforcement database.
- If the evidence related to your assault will be tested, it should be transported to the lab and analyzed within 24 MONTHS The evidence related to your assault must be kept for 20 YEARS, or for victims under age 18 at the time of the offense, until your 40th birthday You have the right to request in writing and receive a FREE COPY OF THE INITIAL CRIME REPORT related to your assault.
- If your assailant is convicted and required to register as a sex offender, you have the right to REQUEST THEIR SEX OFFENDER REGISTRY INFORMATION from the prosecutor. If the evidence related to your assault will be tested, it should be transported to the lab and analyzed within 24 MONTHS The evidence related to your assault must be kept for 20 YEARS, or for victims under age 18 at the time of the offense, until your 40th birthday.
- You have the right to request in writing and receive a FREE COPY OF THE INITIAL CRIME REPORT related to your assault.
- If your assailant is convicted and required to register as a sex offender, you have the right to REQUEST THEIR SEX OFFENDER REGISTRY INFORMATION from the prosecutor. Any questions related to your rights as a survivor of sexual assault can be answered by your rape crisis center confidential advocate. Advocates are trained in support services, local referrals, and law enforcement and other government processes.
This is an outline of your rights and resources and may not include all the rights/options that may be available to you. Under California law (Cal. Penal Code § 680.2).