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      RS 46:1845     

  

§1845. Additional rights for victims of sexual assaults; notification of rights

            A.(1) The rights provided to victims of sexual assault contained in this Section attach whether a victim seeks the assistance of either a law enforcement official or a healthcare provider. A victim of sexual assault retains all the rights of these provisions regardless of whether the victim receives a forensic medical examination or whether a sexual assault collection kit is administered.

            (2) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate or impair any provision of law relative to the mandatory reporting of crimes against children under the age of eighteen years or to negate or impair the investigation or prosecution of any crime against children under the age of eighteen.

            B. A victim of sexual assault shall have the right to a forensic medical exam as provided in R.S. 40:1216.1. A victim of sexual assault shall be notified of the ability to request the presence of a sexual assault advocate during the administration of a forensic medical examination or a scheduled interview by a law enforcement official if a sexual assault advocate is reasonably available. Nothing in this Section shall be construed to prohibit the conducting of a forensic medical examination or an interview by a law enforcement official in the absence of a sexual assault advocate. All victims of sexual assault shall have the right to access and obtain a copy of their forensic medical examination report at no cost to them pursuant to R.S. 40:1216.1(G).

            C, D. Repealed by Acts 2022, No. 207, §2.

            Acts 2017, No. 337, §1; Acts 2022, No. 207, §§1, 2.



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