Utah Code 53-10-906. Victim notification of rights — Notification of law enforcement
Current as of: 2024 | Check for updates
|
Other versions
(1) Collecting facility personnel who conduct sexual assault examinations shall inform each victim of a sexual assault of:
Terms Used In Utah Code 53-10-906
- Collecting facility: means a hospital, health care facility, or other facility that performs sexual assault examinations. See Utah Code 53-10-902
- Forensic: means dealing with the application of scientific knowledge relating to criminal evidence. See Utah Code 53-10-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means an entity or division of:(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Sexual assault kit: means a package of items that is used by medical personnel to gather and preserve biological and physical evidence following an allegation of a sexual offense. See Utah Code 53-10-902
- Victim: means an individual against whom a sexual offense has been committed or allegedly been committed. See Utah Code 53-10-902
(1)(a) available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric conditions;(1)(b) available crisis intervention or other mental health services provided;(1)(c) the option to receive prophylactic medication to prevent sexually transmitted infections and pregnancy;(1)(d) the right to determine:(1)(d)(i) whether to provide a personal statement about the sexual assault to law enforcement; and(1)(d)(ii) if law enforcement should have access to any paperwork from the forensic examination; and(1)(e) the victim’s rights as provided in Section 77-37-3.
(2) The collecting facility shall notify law enforcement as soon as practicable if the victim of a sexual assault decides to interview and discuss the assault with law enforcement.
(3) If a victim of a sexual assault declines to provide a personal statement about the sexual assault to law enforcement, the collecting facility shall provide a written notice to the victim that contains the following information:
(3)(a) where the sexual assault kit will be stored;
(3)(b) notice that the victim may choose to contact law enforcement any time after declining to provide a personal statement;
(3)(c) the name, phone number, and email address of the law enforcement agency having jurisdiction; and
(3)(d) the name and phone number of a local rape crisis and services center.