18 U.S.C. § 3772 | Sexual assault survivors’ rights

(a)

Rights of Sexual Assault Survivors .—

In addition to those rights provided in section 3771, a sexual assault survivor has the following rights:

(1)

The right not to be prevented from, or charged for, receiving a medical forensic examination.

(2)

The right to—

(A)

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;

(B)

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;

(C)

be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit; and

(D)

be informed of the status and location of a sexual assault evidence collection kit.

(3)

The right to—

(A)

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

(B)

upon written request, be granted further preservation of the kit or its probative contents.

(4)

The right to be informed of the rights under this subsection.

(b)

Applicability .—

Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors.

(c)

Definition of Sexual Assault .—

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.

(d)

Funding .—

42 U.S.C. 10601(d)(3)(A)(i)1

1 See References in Text note below.

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 (). No additional funds are authorized to be appropriated to carry out this section.

Pub. L. 114–236, § 2(a)Oct. 7, 2016130 Stat. 966 Pub. L. 117–103, div. W, title XV, § 1505Mar. 15, 2022136 Stat. 956 (Added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 98–473 section 10601(d)(3)(A)(i) of Title 42 section 20101(d)(3)(A)(i) of Title 34Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984, referred to in subsec. (d), is section 1402(d)(3)(A)(i) of chapter XIV of title II of , which was classified to , The Public Health and Welfare, prior to editorial reclassification as , Crime Control and Law Enforcement.

Prior Provisions

June 25, 1948, ch. 645 62 Stat. 846 May 24, 1949, ch. 139, § 60 63 Stat. 98 July 7, 1958Pub. L. 85–508, § 12l72 Stat. 348 Mar. 18, 1959Pub. L. 86–3, § 14(h)73 Stat. 11 Oct. 12, 1984Pub. L. 98–473, title II, § 20698 Stat. 1986 Pub. L. 100–702, title IVNov. 19, 1988102 Stat. 4651 Dec. 1, 1988A prior section 3772, acts , ; , ; , (), ; , , ; , , , related to procedure after verdict, prior to repeal by , §§ 404(a), 407, , , 4652, effective .

Amendments

Pub. L. 117–1032022—Subsec. (a)(2)(D). added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–103Mar. 15, 2022section 4(a) of div. W of Pub. L. 117–103 section 6851 of Title 15Amendment by not effective until Oct. 1 of the first fiscal year beginning after , see , set out as an Effective Date note under , Commerce and Trade.