top of page

Sexual Assault Survivor's Bill of Rights

The Medical Provider Shall

Ask the survivor for contact information
Ask the survivor for consent to release the kit to law enforcement or explain how the survivor may authorize release of the kit at a later date

Provide a copy of the kit release policy to the survivor
Provide the survivor with information about HIV/STD and services through the NM Department of Health
Provide the survivor with information about the Statewide Sexual Assault Kit Tracking System
With survivor's consent, notify law enforcement of the collection of the kit
Notify the survivor of the release of the kit to law enforcement
Provide the survivor's contact information to law enforcement when the kit is transferred

Law Enforcement Shall

Confirm contact information
Inform the survivor that the forensic crime laboratory shall complete the processing of the kit within 180 days of receipt of the kit by the lab
Inform the survivor when the kit is tested and whether a DNA profile was developed
Upon completion of the investigation, inform the survivor whether a DNA profile match was identified through comparison
If the law enforcement agency intends to destroy the survivor's kit, notify survivor at least 180 days prior to the planned destruction and provide information on how the survivor may appeal the decision
Enter information into the tracking system within 14 days of obtaining consent
Respond to the survivor's written request for information in writing

Before the interview by the investigator or the prosecutor, the survivor shall

Be given a document with the survivor's rights and the opportunity to sign confirming receipt
Have the right to consult with a counselor, advocate, or designated person during the interview
have the right to a support person during the interview and through the judicial process
Have the right to request a different officer if the survivor believes the officer to be unsupportive or inadequately trained

In criminal or civil cases, the survivor has a right to

Be reasonably protected from the defendant
Not submit to a polygraph
Be heard through a survivor's impact statement at all relevant proceedings
Provide a sentencing recommendation to the official conducting a pre-sentence investigation
Not be prosecuted for any misdemeanor crime, if the evidence is obtained through the investigation of the sexual assault
Designate another person to receive notifications and inform on behalf of the survivor

bottom of page