SB 640 - Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.
This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or
prosecution results or regardless if the survivor has previously waived any of these rights. A sexual assault survivor,
for purposes of this act, is any person who is 14 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,
Under this act, a sexual assault survivor has the right to:
- Consult with an employee or volunteer of a rape crisis center;
- A sexual assault forensic examination;
- A shower and change of clothing;
- Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the
gender of the survivor's choosing, when available;
- An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably
- Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported
evidentiary collection kit, and anonymous evidentiary collection kit;
- Notification about the evidence tracking system;
- Notification about the right to certain information considered a closed record, such as a complete incident report;
Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to
reasonable protection from the offender.
Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law
enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the
Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a
sexual assault survivor explaining the survivor's rights. The document shall include:
- A description of the rights of the sexual assault survivor pursuant to this act; and
- Telephone and internet means for contacting a local rape crisis center.