18 U.S.C. § 3772 — Sexual assault survivors’ rights
submitted 10 years ago by Pub. L. 114-236 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 316 words · no verdicts yet
This section gives sexual assault survivors rights, including free forensic exams and evidence kit preservation. Survivors must be told about kit results, status, and any planned destruction. It defines sexual assault and funds most of these rights under existing law.
(a) This section gives sexual assault survivors extra rights, on top of the rights in section 3771. First, no one may stop a survivor from getting a medical forensic exam. No one may charge the survivor for one either. Second, a survivor has rights about the evidence collection kit. The kit, or its useful contents, must be preserved without charge. This lasts for the shorter of the statute of limitations or 20 years. The survivor must be told the results, like a DNA match or toxicology report. This does not apply if telling would harm an ongoing investigation. The survivor must be told in writing how kits are collected and preserved. The survivor must be told the kit's status and location. Third, if the survivor asks in writing, officials must give at least 60 days' notice before destroying or disposing of the kit. Officials must also grant further preservation if the survivor requests it. Fourth, survivors have the right to be told about all these rights.
(b) Several other protections from section 3771 — subsections (b) through (f) — also apply to sexual assault survivors.
(c) "Sexual assault" means any nonconsensual sexual act barred by federal, tribal, or state law. This includes cases where the victim cannot legally consent.
(d) Most of this section is funded through the Victims of Crime Act of 1984. The parts about kit-result notice and extended preservation requests are excluded from that funding source. No new money is authorized just for this section.
facts
In addition to those rights provided in section 3771, a sexual assault survivor has the following rights:
The right not to be prevented from, or charged for, receiving a medical forensic examination.
The right to—
subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation;
be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit; and
be informed of the status and location of a sexual assault evidence collection kit.
The right to—
upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal; and
upon written request, be granted further preservation of the kit or its probative contents.
The right to be informed of the rights under this subsection.
Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors.
In this section, the term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
This section, other than paragraphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)).1 No additional funds are authorized to be appropriated to carry out this section.
Source credit: (Added Pub. L. 114–236, § 2(a), Oct. 7, 2016, 130 Stat. 966; amended Pub. L. 117–103, div. W, title XV, § 1505, Mar. 15, 2022, 136 Stat. 956.)
- 2016Enacted · Pub. L. 114-236 · 130 Stat. 966
- 2022Amended · Pub. L. 117-103 · 136 Stat. 956
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