Sexual Assault Victim Rights

The following rights of victims of sex crimes attach whenever a victim is subject to a medical forensic examination (known as rape kit) or an interview by a law enforcement officer in relation to injuries, trauma, or an investigation resulting from an alleged sexual assault.  

     Sec. 1. The rights provided to victims under this article attach whenever a victim is subject to:

(1) a forensic medical exam; or

(2) an interview by a law enforcement officer;

in relation to injuries, trauma, or an investigation resulting from an alleged sexual assault.

     Sec. 2. A victim continuously retains all the rights under this article regardless of whether the victim:

(1) agrees to participate in any civil or criminal proceeding related to the alleged sexual assault; or

(2) consents to a forensic medical exam to collect forensic evidence related to the alleged sexual assault.

     Sec. 1. A victim has the right to:

(1) speak with a victim advocate or victim service provider during any hospital visit for the purpose of receiving a sexual assault examination; and

(2) speak with a victim advocate or victim service provider during the course of the investigation.

If a victim advocate or victim service provider is not available, a victim has the right to speak with victims assistance or a social worker. A victim retains these rights even if the victim has waived one (1) or more of these rights in a previous examination or interview.

     Sec. 2. A victim's communications with a victim advocate, victim service provider, victims assistance, or a social worker are not admissible into evidence for any purpose except with consent of the victim.

     Sec. 1. As described in IC 16-21-8-6, a provider shall provide forensic medical exams and additional forensic services to a victim without charge.

     Sec. 2. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall inform the victim of the following:

(1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response team, which shall be signed by the victim to confirm receipt, unless the victim has already been provided with the document under IC 35-40.5-5-1.

(2) The victim's right to speak with a victim advocate or victim service provider. If a victim advocate or victim service provider is not available, a victim has the right to speak with victims assistance or a social worker.

     Sec. 3. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall notify a victim advocate or a victim service provider. If a victim advocate or victim service provider is not available, the provider shall notify victims assistance or a social worker.

     Sec. 1. Before a law enforcement officer commences an interview of a victim, the law enforcement officer shall inform the victim of the following:

(1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response team, which shall be signed by the victim to confirm receipt, unless the victim has already been provided with the document under IC 35-40.5-4-2.

(2) The victim's right to speak with a victim advocate or victim service provider during the course of the investigation, and that the victim has the right to speak to victims assistance or a social worker if a victim advocate or victim service provider is not available.

     Sec. 1. (a) A defendant or a person accused or convicted of a crime against a victim may not object to any failure in complying with this article.

     (b) The failure to provide a right or notice to a victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside.

     Sec. 1. (a) Upon initial interaction with a victim, a law enforcement officer or provider shall provide the victim with a document developed by the state sexual assault response team that explains the rights of victims:

(1) under this article and other relevant law;

(2) in a format accessible to persons with visual disabilities; and

(3) in English, Spanish, and German.

     (b) The document described in subsection (a) shall include the following:

(1) A clear statement that a victim is not required to receive a medical evidentiary or physical examination in order to retain the rights provided under this article or any other relevant law.

(2) Information concerning state and federal victim compensation funds for medical and other costs associated with the sexual assault.