Know Your Rights
The state of Tennessee has written into law the following rights for victims/survivors of sexual assault
Your rights in the state of Tennessee
You have the right to have an advocate present at any stage of the proceedings
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Advocates can accompany you to the medical exam, law enforcement interviews, and/or consultations with legal representative
You have the right to have a support person of your choice present during any stage of the proceedings
You have a right to be interviewed by a law enforcement officer of the gender of your choosing
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If it is possible for the agency to accommodate the request
You have the right to choose a hold kit
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You do NOT have to report the sexual assault or meet/speak with law enforcement to have a sexual assault exam
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Hold kits are maintained in evidence for 10 years
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You may choose to prosecute the case at any time within 10 years
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You will be contacted/informed that the kit is going to be destroyed/disposed of when the 10 years is up
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You may request the kit be held for an additional 12 months
You have the right to the the tracking number assigned to your sexual assault kit
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You can check the progress of your kit at any point by visiting TBI SAMS-Track & entering your sexual assault kit number
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You will be informed of a change in the status of the case, and if the case has been closed
You have the right to request information regarding whether or not a DNA sample was obtained from your kit.
It is against the law in the state of Tennessee for:
A law enforcement officer to ask you to take a polygraph
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TCA Code 38-3-123
For you to be charged a medical bill for the sexual assault exam
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TCA Code 29-13-118
For evidence from the sexual assault kit to be used against you for an unrelated crime or drug offense
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TCA Code 39-13-507