Know Your Rights: The Forensic Exam Is Free, and Your Evidence Kit Has Protections

Reviewed by Survivor Rights Center · Updated 2026-10-21

You should not be charged for the exam

Under 34 U.S.C. 10449, a state, Indian tribal government or unit of local government is not entitled to certain federal grant funds unless a government entity incurs the full out-of-pocket cost of forensic medical exams for victims of sexual assault, either by providing the exams free of charge or by arranging for victims to get them free of charge. It must also coordinate with health care providers to let victims know these exams are available at no cost.

The statute adds that this must happen without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement. RAINN's guidance says the same thing in practical terms: you should not be asked to pay for a sexual assault forensic exam, and if you are billed, contact your local sexual assault service provider right away.

The rights listed in 18 U.S.C. 3772

The Sexual Assault Survivors' Rights Act added section 3772 to Title 18. In addition to the rights in the Crime Victims' Rights Act, it lists these rights for a sexual assault survivor:

• Not to be prevented from, or charged for, receiving a medical forensic examination.
• To have the evidence kit or its probative contents preserved, without charge, for the maximum applicable statute of limitations or 20 years, whichever is shorter.
• To be informed of any result of the kit, including a DNA profile match or toxicology report, if disclosure would not impede or compromise an ongoing investigation.
• To be informed in writing of the policies on collecting and preserving kits.
• To be informed of the status and location of the kit.
• On written request, to receive written notice at least 60 days before the kit's intended destruction or disposal, and to be granted further preservation of the kit.
• To be informed of these rights.

How these rights apply

Section 3772 says subsections (b) through (f) of the Crime Victims' Rights Act, 18 U.S.C. 3771, apply to sexual assault survivors. Those subsections deal with how rights are recognized and enforced in federal court. The statute defines sexual assault as any nonconsensual sexual act prohibited by federal, tribal or state law, including when the victim lacks capacity to consent.

How these federal provisions reach a particular state case is a legal question, and states have their own laws about exams and evidence kits. A local sexual assault service provider or an attorney can tell you what applies where you live.

Practical steps to protect your kit

• Ask the hospital or examiner which agency will hold your kit and how to reach it.
• Ask for the written policy on how long kits are kept.
• If you want notice before any destruction, make that request in writing to the agency with custody and keep a copy.
• Keep a simple record of who you spoke with and when.

Evidence now, decisions later

RAINN explains that you can have a forensic exam even if you are not ready to report, and that evidence collected during the exam is preserved in case you decide to report later. If you are under 18 or over 65, the examiner may be legally required to notify law enforcement. RAINN also notes that in most cases DNA evidence must be collected within 72 hours of the assault.

Survivor Rights Center is a free survivor-education resource, not a law firm, and nothing here is legal advice. For advice about your situation, talk with a licensed attorney or a victim advocate. RAINN's National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673.

Frequently asked questions

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