Victim notification of rights -- Notification of law enforcement.

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  • (1) Collecting facility personnel who conduct sexual assault examinations shall inform each victim of a sexual assault of:
    • (a) available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric conditions;
    • (b) available crisis intervention or other mental health services provided;
    • (c) the option to receive prophylactic medication to prevent sexually transmitted infections and pregnancy;
    • (d) the right to determine:
      • (i) whether to provide a personal statement about the sexual assault to law enforcement; and
      • (ii) if law enforcement should have access to any paperwork from the forensic examination; and
    • (e) the victim's rights as provided in Section 77-37-3.
  • (2) The collecting facility shall notify law enforcement as soon as practicable if the victim of a sexual assault decides to interview and discuss the assault with law enforcement.
  • (3) If a victim of a sexual assault declines to provide a personal statement about the sexual assault to law enforcement, the collecting facility shall provide a written notice to the victim that contains the following information:
    • (a) where the sexual assault kit will be stored;
    • (b) notice that the victim may choose to contact law enforcement any time after declining to provide a personal statement;
    • (c) the name, phone number, and email address of the law enforcement agency having jurisdiction; and
    • (d) the name and phone number of a local rape crisis center.




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