As a crime victim, the survivor of a sexual assault has certain legal rights. It is important for you to be informed about these rights so that you can obtain the support and assistance you need in the aftermath of a sexual assault.

Many sexual assault victims have concerns about their health, safety, privacy, and confidentiality. You may also have questions about police procedures and court proceedings. After an assault, you will be faced with many choices, such as deciding whether to make a police report, have a medical examination, and participate in the criminal justice system. Knowledge about the laws that protect sexual assault victims can help you resolve some of your concerns and enable you to take action.

This booklet explains many of the legal rights and protections that sexual assault victims have under California law. It is our hope that this information will assist victims in pursuing justice and healing.

A MEDICAL EXAMINATION TO COLLECT EVIDENCE
 

The Medical Examination

If you make a police report, you have the right to a free medical examination to gather evidence of a sexual assault. With your consent, the police will take you to a hospital for the examination. California law provides you cannot be charged for the costs of this examination, directly or indirectly through your insurance. However, some hospitals may charge you for testing and/or treatment for sexually transmitted diseases and pregnancy (Penal Code Sections 264.2; 13823.95)
 

Accompaniment During the Medical Examination

You have the right to have a sexual assault victim counselor and at least one other support person of your choice present during the medical/evidentiary examination. The medical care provider who conducts your examination is required by law to inform you of this right before the examination begins. A support person may be excluded from a medical/evidentiary or physical examination if the law enforcement officer or medical provider determines that the presence of that individual would be detrimental to the purpose of the examination. (Penal Code Section 264.2)

 

MAKING A POLICE REPORT

Protecting Your Name From Public Disclosure

The police officer that takes your initial crime report should inform you that you have the right to request that your name be withheld from the report and not become a matter of public record. Under California law, a crime report is classified as a public record. This means that, upon request, law enforcement authorities are required to release certain information from the report to the public. However, victims of sexual assault have the right to protect their names from being disclosed in these circumstances. If you exercise this right, the police will be prohibited from releasing your name to anyone except those people authorized by law to have the information, such as the prosecutor. (Penal Code Section 293; Government Code 6254)

Accompaniment During The Police Interview

You have the right to have victim advocates, such as a sexual assault victim counselor, or an advocate from the Victim-Witness Program, and an additional support person of your choice present during any interviews you have with the police. The law enforcement officer who assists you is required by law to inform you of this right prior to beginning the initial interview. However, the support person may be excluded from an interview if the officer determines that the presence of that individual would be detrimental to the purpose of the interview. (Penal Code Section 679.04)

Obtaining A Copy Of Your Police Report

You have the right to receive a copy of your police report. You can request the report from the law enforcement agency that is assisting you. You may be charged a small fee for this service. (Government Code Section 6254(f))
 

INTERVIEWS WITH DISTRICT ATTORNEYS and DEFENSE ATTORNEYS

Accompaniment During Interviews With District Attorneys

You have the right to have victim advocates, such as a sexual assault victim counselor or an advocate from the Victim-Witness Program, and an additional support person of your choice present during any interviews you have with a Deputy District Attorney or with the investigators who work for the District Attorney’s Office. California law requires that the Deputy District Attorney inform you of this right prior to beginning the initial interview. However, the additional support person may be excluded from the interview if the Deputy District Attorney determines that the presence of that individual would be detrimental to the purpose of the interview. (Penal Code Section 679.04)

Accompaniment During Interviews With The Attorney(s) For The Defendant

The defense attorney who represents the person(s) who assaulted you, and investigators working for the defense, may attempt to contact you and request an interview. You may speak with representatives of the defendant if you want to, but you are not required to do so. If you choose not to, you can tell these attorneys and investigators that you do not want to talk with them or answer any questions. If you decide to talk with them, you have the right to have victim advocates and an additional support person of your choice present during the interview(s). California law requires that either the police officer who interviews you or the Deputy District Attorney advise you of your right to be accompanied to any interview with the defense attorney or investigators or agents employed by the defense. (Penal Code Section 679.04)

THE COURT PROCESS

Notification Regarding A Plea Agreement

You have the right to request that the prosecuting attorney notify you of any arrangement that is made between the prosecution and the defense to dispose of the case under a plea agreement. To exercise this right, you should ask the prosecutor to notify you before any plea bargain is presented to the court. If you make this request, the law requires that the prosecutor contact you prior to the offender’s change of plea before a judge. (Penal Code Section 679.02(a)(12))

Witness Fees and Mileage Reimbursement

You may be entitled to a small fee for serving as a witness and reimbursement for mileage expenses for each day you are required to be in court. To request witness fees and/or mileage reimbursement, you should contact the District Attorney’s Office. (Penal Code Sections 679.02(a)(7); 1329; 1329.1)

Time Off Work To Testify

You have the right to request that your local Victim-Witness Assistance Center notify your employer that you are a victim or witness to a crime and ask your employer to minimize any loss of pay or other benefits that may result from your participation in the criminal justice system. California law also provides that your employer cannot fire you or discriminate against you for taking time off work to appear in court if you are subpoenaed as a witness, as long as you give reasonable notice to your employer that you are required to be in court. (Penal Code Section 13835.5(a)(13); Labor Code Section 230(b))

Keeping Your Name, Address, And Telephone Number Confidential

You have the right to request that your identity be protected during the court process. The court may order that a sexual assault victim be identified as “Jane Doe” or “John Doe” during court proceedings and in papers filed with the court. The prosecuting attorney also may request that your current address and telephone number not be disclosed in court hearings. If these issues are important to you, you should discuss them with the prosecutor prior to any court proceedings. Finally, there are laws in place that prohibit the police and the attorneys involved in the case from disclosing your address and telephone number to the offender, members of the offender’s family, or anyone else. (Penal Code Sections 293; 293.5; 841.5; 1054.2; Evidence Code Section 352.1)

Attending Court Proceedings

There are several different types of criminal court proceedings, including pre-trial hearing, the trial, and post-trial hearings. California law provides that, as the victim of a crime, you have the right to be present at all criminal proceedings that the defendant, the prosecuting attorney, and the general public are allowed to attend. However, because there are exceptions to this rule, the court may exclude you from certain portions of the proceedings. You are most likely to be excluded from listening to the testimony of other witnesses during the trial. This exclusion is allowed because the court has a responsibility to ensure that the testimony heard from one witness does not influence other witnesses. (Penal Code Section 1102.6)

Accompaniment During Court Proceedings

You are entitled to have up to two support persons of your choice accompany you during the preliminary hearing and the trial. One of these support persons may accompany you to the witness stand during your testimony. (Penal Code Section 868.5)

Protecting Information About Your Sexual History

California law prohibits the introduction of irrelevant information about a sexual assault victim’s sexual history. In the limited circumstances in which a judge determines that sexual history is relevant and admissible, the judge must hold a special hearing to approve the nature of the questions that the attorneys will be allowed to ask the victim. You would be notified in advance regarding this hearing. (Evidence Code Sections 782; 1103)

SENTENCING OF THE OFFENDER

Attending Sentencing Proceedings

You have the right to attend all sentencing proceedings of the person(s) convicted of committing the crime against you. You are entitled to receive adequate notice from the Probation Department regarding when these proceedings are scheduled. To ensure that you are notified in a timely way, you should keep the Probation Department informed of your current address. You also have the right to review the sentencing recommendations made by the Probation Department. The prosecutor can make this information available to you. (Penal Code Sections 679.02(a)(3); 1191.1; 1203(d))

Making A Victim Impact Statement

You have the right to make a Victim Impact Statement at the sentencing hearing to express your views concerning the crime, the person(s) responsible, and your request for restitution. If you do not want to speak in person, you may have legal counsel speak on your behalf or, if the court permits, you may submit a written, audiotaped, or videotaped statement to the judge. (Penal Code Sections 679.02(a)(3); 1191.1; 1191.15)

Information About The Outcome Of The Case

You have the right to request that the prosecuting attorney inform you in writing about the final outcome of the case, including an explanation of the type of sentence imposed. If the offender was not prosecuted, you have the right to request information about the prosecutor’s decision not to file the case. (Penal Code Sections 679.02(a)(2); 11116.10)

 

TESTING THE OFFENDER FOR HIV AND OTHER COMMUNICABLE DISEASES

Testing An Accused Offender

Two different California laws give you the right to request that your assailant be tested for HIV, and these laws differ somewhat.

Under one statute, if your assailant has been charged with the sexual offense(s) committed against you, you have the right to request that an HIV test be conducted and that you be notified of the results. You must submit your request to the court in writing. The prosecutor can prepare the written request for you. Once you have made a written request, you or the prosecuting attorney may petition the court for an order requiring that the accused offender be tested. If the court determines that there is reason to believe that a possible transfer of blood, saliva, semen, or other bodily fluids occurred, the court must order that the accused be tested for HIV, AIDS-related conditions, and certain other communicable diseases for which medically approved testing is readily and economically available. Although the law specifies that these test results are confidential, you are entitled to receive a copy of them. (Health and Safety Code Sections 121055; 121065)

Another law protects you even if the assailant has not been charged in your case, as long as you have made a police report. If the same person who is accused of assaulting you is also charged with a sexual offense against another person, you may request that the offender be tested for HIV. Your request must be submitted to the court in writing. The prosecutor can prepare the request for you. If the court determines that there is reason to believe that the accused committed the crime against you and that a transfer of blood, semen, or any other bodily fluids occurred, the judge may order that the accused be tested for HIV. The local health officer is required to give you the test results. (Penal Code Section 1524.1)

Testing Of A Convicted Sex Offender

The court must order every person who is convicted of a sexual offense to be tested for HIV. You may request notification of these test results. (Penal Code Section 1202.1)

PAROLE, RELEASE OR ESCAPE OF THE OFFENDER SENTENCED TO STATE PRISON 

Request For Notification

You have the right to be notified of the release, escape, or death of the offender, as well as of the offender’s placement in a reentry facility or a work furlough program. To exercise this right, you must send a written request for notification to the California Department of Corrections (CDC), Victim Services Program, P. O. Box 942883, Sacramento, CA 94283-0001.

Your request can be in the form of a letter, or you can use a special form published by the State of California (CDC Form 1707). To ensure that you receive notification, you must keep the CDC advised of your current mailing address. California law provides that information regarding your request for notification, including your address and telephone number, is confidential and shall not be made available to the inmate. For additional information and assistance with notification, contact the CDC directly. The telephone number for their Victim Services and Restitution program is (916) 358-2436 or Toll Free (888) 562-5874. (Penal Code Sections 679.02(a)(6); 679.02(a)(11); 679.03; 3058.8; 11155)

Special Conditions On The Offender’s Parole 

You have the right to request that special conditions of parole be placed upon the offender. For example, you may request that the offender be prohibited from contacting you and be required to live in another county or at least 35 miles from your residence. You must submit your request in writing and send it to the CDC, Victim Services Program. Your request can be in the form of a letter, or you can use a special form published by the State of California (CDC Form 1707). If you are interested in providing input regarding conditions of parole, contact the CDC, Victim Services and Restitution program at (916) 358-2436 or Toll Free (888) 562-5874. (Penal Code Section 3003)

PAROLE HEARINGS

Notification Regarding Parole Hearings

You have the right to receive at least 30 days notice of any hearing to review or consider the parole of the offender. To take advantage of this right, you must submit a written request for notification to the CDC or telephone the Victim Assistance Coordinator at the Board of Prison Terms (BPT) at (916) 445-4072 or Toll Free (866) 278-9282. To ensure that you receive notice, keep the BPT advised of your current address. Once the BPT receives your request, they will send you a form to complete and return. When the BPT receives your completed form, it will be kept on file and you should be notified in writing, at least 30 days before the inmate is scheduled for a parole consideration hearing. (Penal Code Sections 679.02(a)(5); 3043

Attending The Parole Hearing

You and your family members have the right to attend the parole hearing personally or to be represented by legal counsel. At the hearing, you may express your views concerning the crime and the person responsible. In lieu of a personal appearance, the board may permit you to submit a written, audiotaped, or videotaped statement. The board is required to consider your statement in deciding whether to release the offender on parole. (Penal Code Sections 679.02(a)(5); 3043; 3043.2)

Accompaniment During The Parole Hearing

You and your family members attending the parole hearing are entitled to be accompanied by one support person of your/their choice. (Penal Code Section 3043.1)

PROBATION OF THE OFFENDER SENTENCED TO COUNTY JAIL

You have the right to receive notice from the Sheriff when the offender is ordered to be placed on probation from county jail and the proposed date on which the Sheriff will release the offender. The District Attorney should advise you of this right and provide you with the forms that you must complete to receive notice. (Penal Code Section 679.02(a)(13); 679.02(a)(14)

REIMBURSEMENT FROM THE STATE

California Victims Of Crime Program

Under the California Victims of Crime Program, you and other members of your family may qualify to receive monetary compensation for losses you suffer as a result of the crime, if these losses cannot be reimbursed by other sources. Losses that may be covered include the costs of medical or dental care, mental health counseling, lost wages or other income, job retraining, and funeral or burial expenses. To be eligible, you must report the crime to the police and cooperate in the investigation and prosecution of the case. For additional information, contact the Victims of Crime Program at 1-800-777-9229 or the Victim-Witness Assistance Center in your area. (Government Code Sections 13959-13969.4)