Your Rights in the
Criminal Justice System
Some hospitals have specially trained Sexual Assault Nurse Examiners, sometimes called SANE nurses, on staff. SANE nurses provide sexual assault examinations, often called a "rape kit," 24 hours a day at no cost. These examinations are done to collect any evidence that may lead to the arrest and prosecution of the person who sexually assaulted you, and to provide you with any medical care you may need. You can find a list of hospitals or clinics with SANE nurses here, or call RAINN’s confidential 24-hour hotline at 800-656-HOPE (4673). You can learn more about SANE nurses here.
SANE nurses can provide you with medications to help prevent sexually transmitted diseases, including HIV/AIDS, and emergency contraception to help prevent pregnancy. You should also know that emergency contraception to prevent pregnancy works up to 120 hours after a sexual assault. You can get that medication at all state hospitals, from most school health centers, at many pharmacies, or from your doctor if you have one. If you have been sexually assaulted and you are concerned about preventing pregnancy, you should try to get emergency contraception as soon as you can after the assault because it works better the sooner you take it.
SANE nurses may also perform a forensic exam. Nurses will collect evidence, which may include documentation of your medical history, an examination for injuries, photographs, tests for sexually transmitted infection or pregnancy and treatment, and communication with police. If you want, you can bring a family member or friend with you for support. If the examination is done to collect evidence, the examination must be performed within 96 hours after the assault. You have the right to decline any part of the exam at any time. Learn more about what to expect during a forensic exam here.
Sometimes hospitals offer to transfer a patient who has been sexually assaulted to a different hospital with a SANE nurse, if they can be safely transferred. You have the right to agree to that transfer or not. Sometimes there is no SANE nurse at a nearby hospital. Even if there is no SANE nurse to help you, you have the right to get your injuries treated, be referred for counseling and follow-up care, and to receive medications to help prevent pregnancy and sexually transmitted infections.
Yes. If you think you need medical attention, and more than 96 hours has passed since the assault, you still have the right to get medical care, including emergency contraception and medications to prevent sexually transmitted infections. Keep in mind that, if you want to have DNA evidence collected, DNA collection usually must occur within 72 hours.
You do not have to decide right away whether you want to report the sexual assault to the police. The amount of time evidence obtained in the SANE exam will be stored depends on your state laws. If you decide you want to report the assault to the police later, that evidence may still be available. You can look up your state's statute of limitation, or the timeframe in which you can bring a sexual assault claim after the assault occurs, here.
If you decide you want the evidence to be tested by a crime lab, law enforcement must send the exam evidence to a crime lab within 30 days. Ask your SANE nurse for more information about how the evidence collected during your exam will be stored and how to access it. You can get more information about these exams here.
Regardless of the state you live in, under the Violence Against Women Act, SANE exams are free. This is the case whether you file a report with law enforcement or not
As for any medical care you receive, the hospital will bill your health insurance. If you do not have health insurance, the hospital must treat you anyway, and must inform you of your right to free medical care and how to request it. You can read information about exam payment in your state here.
Visit the Confidentially Tell Someone section of this website. Free confidential support and advocacy services are also available; visit our Resources page for a list of agencies and nonprofit organizations in your community.