(a) A sexual assault victim has the right to receive a medical forensic examination, regardless of whether the victim chooses to report the assault to a law enforcement agency.
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 844G-7

  • 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
  • Sexual assault evidence collection kit: means a kit that contains a human biological specimen or specimens collected by a health care provider during a medical forensic examination from the victim of a suspected criminal sexual offense. See Hawaii Revised Statutes 844G-1
  • Status: refers to the location, date, and time that a sexual assault evidence collection kit is transferred within the chain of custody. See Hawaii Revised Statutes 844G-1
(b) Each law enforcement agency shall designate at least one person, who is trained in trauma and victim response, to receive all inquiries concerning sexual assault evidence collection kits and to serve as a liaison between the agency and victims.
(c) A sexual assault victim shall be provided with the contact information for the designated liaison or liaisons at the time that the victim’s sexual assault evidence collection kit is collected.
(d) In advance of or during a medical forensic examination or law enforcement agency interview, medical professionals, victim advocates, law enforcement officers, or prosecutors shall provide a sexual assault victim with a physical document developed by the Hawaii sexual assault response and training program that identifies the victim’s rights under this chapter, including:

(1) Support from, and consultation with, a crisis worker at the time that a sexual assault evidence collection kit is collected; provided that sufficient funding is available;
(2) Information about the current location, analysis date and status, and estimated disposal date of the victim’s sexual assault evidence collection kit;
(3) Notification when there is any major development, as defined in § 801D-2, in a case that the victim reported to a law enforcement agency, including whether the case has been closed or reopened;
(4) Designation of a person of the victim’s choosing to act as a recipient of the information provided under this subsection;
(5) Information on how to report an offense to a law enforcement agency and how to request that the victim’s sexual assault evidence collection kit be analyzed in the future; provided that the victim either chose not to report the offense at the time the victim’s kit was collected, or previously withdrew the report but later chose to reinstate the report; and
(6) Information about the availability of crime victim compensation and other services for victims of sexual assault, as appropriate.
  Previous
Next  
 Chapter 844G Contents