Washington Code 70.125.110 – Rights of sexual assault survivors
Current as of: 2023 | Check for updates
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(1) In addition to all other rights provided in law, a sexual assault survivor has the right to:
Terms Used In Washington Code 70.125.110
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim advocate: work with prosecutors and assist the victims of a crime.
(a) Receive a medical forensic examination at no cost;
(b) Receive written notice of the right under (a) of this subsection and that he or she may be eligible for other benefits under the crime victim compensation program, through a form developed by the office of crime victims advocacy, from the medical facility providing the survivor medical treatment relating to the sexual assault;
(c) Receive a referral to an accredited community sexual assault program or, in the case of a survivor who is a minor, receive a connection to services in accordance with the county child sexual abuse investigation protocol under RCW 26.44.180, which may include a referral to a children’s advocacy center, when presenting at a medical facility for medical treatment relating to the assault and also when reporting the assault to a law enforcement officer;
(d) Consult with a sexual assault survivor’s advocate throughout the investigatory process and prosecution of the survivor’s case, including during: Any medical evidentiary examination at a medical facility; any interview by law enforcement officers, prosecuting attorneys, or defense attorneys; and court proceedings, except while providing testimony in a criminal trial, in which case the advocate may be present in the courtroom. Medical facilities, law enforcement officers, prosecuting attorneys, defense attorneys, courts and other applicable criminal justice agencies, including correctional facilities, are responsible for providing advocates access to facilities where necessary to fulfill the requirements under this subsection. The right in this subsection applies regardless of whether a survivor has waived the right in a previous examination or interview;
(e) Be informed, upon the request of a survivor, of when the forensic analysis of his or her sexual assault kit and other related physical evidence will be or was completed, the results of the forensic analysis, and whether the analysis yielded a DNA profile and match, provided that the disclosure is made at an appropriate time so as to not impede or compromise an ongoing investigation;
(f) Receive notice prior to the destruction or disposal of his or her sexual assault kit;
(g) Receive a copy of the police report related to the investigation without charge;
(h) Review his or her statement before law enforcement refers a case to the prosecuting attorney;
(i) Receive timely notifications from the law enforcement agency and prosecuting attorney as to the status of the investigation and any related prosecution of the survivor’s case;
(j) Be informed by the law enforcement agency and prosecuting attorney as to the expected and appropriate time frames for receiving responses to the survivor’s inquiries regarding the status of the investigation and any related prosecution of the survivor’s case; and further, receive responses to the survivor’s inquiries in a manner consistent with those time frames;
(k) Access interpreter services where necessary to facilitate communication throughout the investigatory process and prosecution of the survivor’s case; and
(l) Where the sexual assault survivor is a minor, have:
(i) The prosecutor consider and discuss the survivor’s requests for remote video testimony under RCW 9A.44.150 when appropriate; and
(ii) The court consider requests from the prosecutor for safeguarding the survivor’s feelings of security and safety in the courtroom in order to facilitate the survivor’s testimony and participation in the criminal justice process.
(2) A sexual assault survivor retains all the rights of this section regardless of whether the survivor agrees to participate in the criminal justice system and regardless of whether the survivor agrees to receive a forensic examination to collect evidence.
(3) If a survivor is denied any right enumerated in subsection (1) of this section, he or she may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the sexual assault occurred and providing notice of such petition to the relevant party or parties. Compliance with the right is the sole remedy available to the survivor. The court shall expedite consideration of a petition filed under this subsection.
(4) Nothing contained in this section may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding. Except in the circumstances as provided in subsection (3) of this section, this section does not grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to protect or adhere to the rights enumerated in this section may not result in civil liability against that person. This section does not limit other civil remedies or defenses of the sexual assault survivor or the offender.
(5) For the purposes of this section:
(a) “Law enforcement officer” means a general authority Washington peace officer, as defined in RCW 10.93.020, or any person employed by a private police agency at a public school as described in RCW 28A.150.010 or an institution of higher education, as defined in RCW 28B.10.016.
(b) “Sexual assault survivor” means any person who is a victim, as defined in RCW 7.69.020, of sexual assault. However, if a victim is incapacitated, deceased, or a minor, sexual assault survivor also includes any lawful representative of the victim, including a parent, guardian, spouse, or other designated representative, unless the person is an alleged perpetrator or suspect.
(c) “Sexual assault survivor’s advocate” means any person who is defined in RCW 5.60.060 as a sexual assault advocate, or a crime victim advocate.
NOTES:
Effective date—2021 c 118: See note following RCW 5.70.060.