Montana Code Annotated 2021



Part 4. Evidence in Cases Involving Sexual Offenses

Notice Of Rights For Victims Of Sexual Assault

46-15-406. Notice of rights for victims of sexual assault. The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:

(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;

(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;

(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:

(a) contact information for the officer investigating the case;

(b) the current status of the case;

(c) the current status of the sexual assault evidence kit;

(d) whether the case has been submitted to the office of the prosecuting attorney for review;

(e) whether the case has been closed and the documented reason for closure;

(f) if available, contact information for a local community-based victim services program;

(g) notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and

(h) the notices required by 46-24-203, 46-24-204, and 46-24-206.

History: En. Sec. 3, Ch. 138, L. 2019; amd. Sec. 1, Ch. 196, L. 2021.