(a) A victim who chooses not to file a police report at the time of undergoing a medical forensic examination:

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Terms Used In Hawaii Revised Statutes 844G-4

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement agency: means a county police department. See Hawaii Revised Statutes 844G-1
  • Medical forensic examination: means an examination provided to a victim of a suspected sexual assault by a health care provider to address medical concerns resulting from the sexual assault and to collect and preserve evidence that may be used in a police investigation and any subsequent prosecution. See Hawaii Revised Statutes 844G-1
  • unreported kit: means a sexual assault evidence collection kit for a case in which:

    (1) The victim chose not to report a sexual offense to a law enforcement agency; or

    (2) The victim reported a sexual offense to a law enforcement agency and a formal complaint was generated; but the complaint was subsequently withdrawn at the victim's request. See Hawaii Revised Statutes 844G-1

(1) May request in writing that the unreported kit be held by the sexual assault program or center in that county; provided that if the victim does not so request, then the appropriate law enforcement agency shall take possession of the unreported kit pursuant to § 844G-5;
(2) Shall not be deemed to have waived the victim’s right to report the crime and to have the victim’s kit tested in the future; and
(3) Shall be informed of the date the victim’s kit will be disposed of, in writing, at the time of the examination.
(b) Agencies, organizations, and other entities in possession of unreported sexual assault evidence collection kits shall store the kits for at least six years if the victim was eighteen years of age or older at the time of incident, and at least twenty years if the victim was under eighteen years of age at the time of incident.

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