Section 595.201

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 595

Effective - 28 Aug 2022, 2 histories   

  595.201.  Sexual assault survivors' bill of rights — definitions — rights enumerated, notice required — document required. — 1.  This section shall be known and may be cited as the "Sexual Assault Survivors' Bill of Rights".  These rights shall be in addition to other rights as designated by law and no person shall discourage a person from exercising these rights.  For the purposes of this section, "sexual assault survivor" means any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court.

  2.  A sexual assault survivor retains all the rights of this section regardless of whether a criminal investigation or prosecution results or if the survivor has previously waived any of these rights.  A sexual assault survivor has the right to:

  (1)  Consult with an employee or volunteer of a rape crisis center as defined in section 455.003;

  (2)  A sexual assault forensic examination as provided in section 595.220, or when a telehealth network is established, a forensic examination as provided in section 192.2520 and section 197.135;

  (3)  A shower and a change of clothing, as reasonably available, at no cost to the sexual assault survivor;

  (4)  Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the sexual assault survivor's choosing, when there is an available appropriate medical provider or law enforcement official of the gender of the sexual assault survivor's choosing;

  (5)  An interpreter who can communicate in the language of the sexual assault survivor's choice, as is reasonably available, in a timely manner;

  (6)  Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, or anonymous evidentiary collection kit as defined in section 595.220;

  (7)  Notification about the evidence tracking system as defined in subsection 9 of section 595.220;

  (8)  Notification about the right to information pursuant to subsection 4 of section 610.100;

  (9)  Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender or any person acting on behalf of the offender from harm and threats of harm arising out of the survivor's disclosure of the sexual assault.

  3.  An appropriate medical provider, law enforcement officer, and prosecuting attorney shall provide the sexual assault survivor with notification of the rights of survivors pursuant to subsection 2 of this section in a timely manner.  Each appropriate medical provider, law enforcement officer, and prosecuting attorney shall ensure that the sexual assault survivor has been notified of these rights.

  4.  The department of public safety shall develop a document in collaboration with Missouri-based stakeholders.  Missouri-based stakeholders shall include, but not be limited to, the following:

  (1)  Prosecuting attorneys;

  (2)  Chief law enforcement officers or their designees;

  (3)  Appropriate medical providers, as defined in section 595.220;

  (4)  Representatives of the statewide coalition against domestic and sexual violence;

  (5)  Representatives of rape crisis centers;

  (6)  Representatives of the Missouri Hospital Association;

  (7)  The director of the Missouri state highway patrol crime lab or their designee; and

  (8)  The director of the department of health and senior services or their designee.

  5.  The document shall include the following:

  (1)  A description of the rights of the sexual assault survivor pursuant to this section; and

  (2)  Telephone and internet means for contacting the local rape crisis center, as defined in 455.003.

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The department of public safety shall provide this document in clear language that is comprehensible to a person proficient in English and shall provide this document in any other foreign language spoken by at least five percent of the population in any county or city not within a county in Missouri.

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(L. 2020 S.B. 569, A.L. 2022 S.B. 775, et al.)