Sexual Assault Victim's Legal Rights
SEXUAL ASSAULT is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient.
Included under the term sexual assault are the following:
- forced sexual intercourse
- forcible sodomy
- child molestation
- attempted rape
According to California Law, whenever there is an alleged sexual assault report, the Officer or assigned Investigator shall advise the victim of their right to have a Survivor/Victim Advocate present during all interviewing and collection of evidence.
Penal Code Section 679.04 - State of California
(a) A victim* of sexual assault as the result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 has the right to have victim advocates and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. A victim retains this right regardless of whether he or she has waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “victim advocate” means a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a victim advocate working in a center established under Article 2 (commencing with Section 13835) of Chapter 4 of Title 6 of Part 4.
Victims have the right to:
- Report the assault
- Have a support person/Advocate present
- Medical examinations and treatment
- Be part of the criminal case
Make a Difference
You can help minimize the trauma that a victim experiences by contacting a trained, professional Advocate who serves as an emotional support person.
Contact an Advocate 24/7 at (909) 885-8884