2016 US Code
Title 18 - Crimes and Criminal Procedure
Part II - Criminal Procedure
Chapter 238 - Sexual Assault Survivors' Rights
Sec. 3772 - Sexual assault survivors' rights
| 18 U.S.C. § 3772 (2016) |
| §3772. Sexual assault survivors' rights |
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(a) Rights of Sexual Assault Survivors.—In addition to those rights provided in section 3771, a sexual assault survivor has the following rights: (1) The right not to be prevented from, or charged for, receiving a medical forensic examination. (2) The right to— (A) subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter; (B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and (C) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. (3) The right to— (A) upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal; and (B) upon written request, be granted further preservation of the kit or its probative contents. (4) The right to be informed of the rights under this subsection. (b) Applicability.—Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors. (c) Definition of Sexual Assault.—In this section, the term "sexual assault" means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (d) Funding.—This section, other than paragraphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized to be appropriated to carry out this section. |
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(Added Pub. L. 114–236, §2(a), Oct. 7, 2016, 130 Stat. 966.) |
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PRIOR PROVISIONS
A prior section 3772, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, §60, 63 Stat. 98; July 7, 1958, Pub. L. 85–508, §12(l), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, §14(h), 73 Stat. 11; Oct. 12, 1984, Pub. L. 98–473, title II, §206, 98 Stat. 1986, related to procedure after verdict, prior to repeal by Pub. L. 100–702, title IV, §§404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988. |
| United States Code, 2012 Edition, Supplement 4, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 238 - SEXUAL ASSAULT SURVIVORS' RIGHTS Sec. 3772 - Sexual assault survivors' rights |
| section 3772 |
| 2016 |
| January 6, 2017 |
| Yes |
| standard |
| 62 Stat. 846 63 Stat. 98 72 Stat. 348 73 Stat. 11 98 Stat. 1986 102 Stat. 4651 130 Stat. 966 |
| Public Law 85-508, Public Law 86-3, Public Law 98-473, Public Law 100-702, Public Law 114-236 |
