(a) As used in this section:

criminal case

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Terms Used In Tennessee Code 40-38-119

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
(1) “Crime assistance program” includes, but is not limited to, programs that provide appropriate counseling and support to victims;
(2) “Sexually-oriented crime” means those crimes listed in § 29-13-118(b); and
(3) “Victim” means a victim of a sexually-oriented crime.
(b) A victim of a sexually-oriented crime has the right, upon request, to:

(1) Consult with a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 at any stage of the criminal proceeding;
(2) Have a support person of the victim’s choosing present during any forensic medical examination and during any interview with law enforcement, the prosecuting attorney, the defendant, or the defendant’s attorney, and to have a support person present in the courtroom when the victim is testifying against the defendant;
(3) Be interviewed by a law enforcement officer of the gender of the victim’s choosing if reasonably available;
(4) Be informed by the appropriate agency of a change in the status of the victim’s case, including whether the case has been closed or reopened;
(5) Be notified when the investigating agency has received results of the medical forensic evidence DNA analysis from the Tennessee bureau of investigation or other similar qualified laboratory;
(6) Be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation; and
(7)

(A) Be informed, upon a victim’s request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim’s sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and
(B) Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency.
(c) The victim has a duty to keep current information regarding the victim’s location so that the appropriate agency may be able to contact the victim.
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