Missouri Sexual Assault Survivors' Rights

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, or court. 

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 available;
• 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; and

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.