Washington State

Office of the Attorney General

Attorney General

Nick Brown

Know Your Sexual Assault Survivor Rights and Resources

On this Page:

Sexual Assault Survivor Rights and Resources Factsheet (PDF)

What is sexual assault?

Sexual assault generally refers to sexual acts or behavior that are not consensual, not wanted and/or illegal. Assault or attempted assault is never the victim’s fault. 

Sexual assault can include, but is not limited to, unwanted sexual touching over or under clothing, forcing a person to perform sexual acts, rape (penetration of any part of a victim’s body, however slight), and attempted rape. 

Perpetrators do not always use physical force; they may use threats, manipulation, emotional or psychological coercion, drugs, and/or alcohol. In most cases, perpetrators are known to victims, not strangers. 

Some people who experience sexual assault may identify as a victim or a survivor, or neither. This page refers to people who have experienced sexual assault as both victims and survivors and uses the terms interchangeably. No matter how you identify or refer to your experience, you deserve support and care. 

What if I or someone I know has experienced sexual assault?

If you or a someone you know is the victim of a sexual assault, it is important to remember that you are not alone. Community sexual assault programs serve every county in the state and provide victims, survivors, and their loved ones with free and confidential advocacy and support services. 

You do not have to report the assault to law enforcement or even be certain that what happened to you was an assault to use these resources. Advocates are available to answer questions, offer support and coping strategies, accompany victims and survivors to medical or legal appointments, assist with protection orders, make connections to other service providers, and offer additional support, when possible.

  • To access safe, confidential, and anonymous 24/7 help from an advocate, call the National Sexual Assault Hotline at 1-800-656-4673 or chat online at https://hotline.rainn.org/ (English or Spanish). 
  • Culturally specific support, advocacy, and resources for Native Americans and Alaska Natives are available at 1-844-762-8483 or chat online at https://strongheartshelpline.org/get-help#CallorChatOnline. 
  • To view a comprehensive list of organizations serving victims and survivors across Washington visit https://www.commerce.wa.gov/ocva/crime-victim-resource-directory/. In the search box type the county where you live (e.g., Pierce) and then sort by services (sexual assault).
  • Seek then Speak is a tool to support adults impact by sexual assault to explore options, connect with resources, and begin the process of reporting. Visit www.seekthenspeakwa.com for more information. 

What specific rights do adult victims and survivors of sexual assault have in Washington state?

Free emergency medical care [click to expand/contract]
  • The right to a free medical forensic exam (a process to provide important medical care, gather potential DNA and document other evidence, typically done within 5 days of an assault), regardless of whether a report is made to law enforcement. 
    • Contact a community-based advocate or law enforcement for help finding the nearest provider.
    • Patients may decline any part of the exam and cannot be billed for it. 
    • Emergency contraception and preventive treatments for sexually transmitted infections may be provided. 
    • After an initial exam, if additional care is needed, victims can file a claim with Crime Victims Compensation Program (CVCP) to cover unpaid medical bills. Unless it jeopardizes the victim’s well-being, law enforcement must be engaged. For more information visit https://lni.wa.gov/claims/crime-victim-claims/apply-for-crime-victim-benefits or call 1-800-762-3716. 
  • The right to have a friend, family member, or advocate present while seeking medical attention.
  • The right to be informed of the results of the forensic analysis and notice before any forensic evidence is destroyed. 
  • The right to be informed in writing of policies governing the collection and preservation of a sexual assault kit.
  • The right to be granted further preservation of a sexual assault kit, without charge, after submitting a written request. 
  • The right to receive written notification 60 days before the date of intended destruction or disposal of a sexual assault kit after submitting a written request.
Free advocacy services [click to expand/contract]
  • The right to receive information on local community-based advocacy services when seeking treatment for the assault at a medical facility. 
Reporting to law enforcement [click to expand/contract]
  • The right to have a friend, family member, or advocate present during any interview by law enforcement or prosecutors. 
  • The right to receive, at the time of reporting the crime, a written statement of your rights as well as information on local community-based advocacy services. 
  • The right to receive a copy of the police report related to the investigation at no charge. 
  • The right to review a victim statement before law enforcement refers the case to a prosecutor. 
  • The right to be informed by law enforcement or the prosecutor about the status of the case, including that charges have been filed and when the defendant has been found not competent to stand trial. 
  • The right to receive protection from harm and threats due to cooperation with law enforcement and prosecution. 
  • The right to request to attend an interview and/or court proceeding remotely (e.g., by video or other means, as available).
  • The right to have any stolen or other personal property returned as soon as it is no longer needed as evidence. 
  • The right to help inform an employer about the criminal justice process. 
  • The right to free interpreter services throughout the investigation and prosecution of the case.
Court proceedings [click to expand/contract]
  • The right to have a friend, family member, or advocate present during court proceedings.
  • The right to be provided, whenever practical, a secure waiting area during court proceedings.
  • The right to attend court proceedings or required interviews in person or remotely, including by video or other electronic means, as available in each jurisdiction.
  • The right to submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested.
  • In any felony case or domestic violence case, the right to be informed by the prosecuting attorney of the date, time, and place of the trial and the sentencing hearing or disposition.
  • At the judge’s discretion, a victim of a crime charged as a felony has the right to attend the trial and all other court proceedings the defendant has the right to attend, as well as the right to make a statement at sentencing and any proceeding where the defendant’s release is considered.
Financial compensation [click to expand/contract]
  • Victims and survivors who suffer physical or psychological injury may be eligible for financial assistance through CVCP for related medical/dental treatment, medication, mental health treatment, lost wages, and more. Visit https://lni.wa.gov/claims/crime-victim-claims/apply-for-crime-victim-benefits or call 1-800-762-3716 for more information.
  • In any felony case, the right to restitution (financial compensation). 
Protection orders [click to expand/contract]
  • Victims and survivors aged 15 and older can file for a sexual assault protection order, a civil court order to protect from future contact or abuse. Visit https://www.waprotectionorders.org/ for more information or contact an advocate for assistance.
Leave from work [click to expand/contract]
  • Victims and survivors may take reasonable leave, with or without pay, to seek legal or law enforcement assistance, health care, mental health counseling, or other support services. For more information contact your Human Resources Department, visit https://svlawcenter.org/yourrights/ or call Sexual Violence Law Center’s legal line at 844-991-7852.
Safety regardless of immigration status [click to expand/contract]
  • Immigration status does not matter when reporting a sexual assault to law enforcement, a school, or an employer. Victims and survivors who are undocumented or have temporary immigration status, or permanent residency status, may qualify for specific protections such as VAWA relief, T-Visa, U-Visa, Special Immigrant Juvenile Status, and Asylum. For support or more information call Sexual Violence Law Center’s legal line at 844-991-7852, email legalline@svlawcenter.org, or visit Northwest Immigrant Rights Project at https://www.nwirp.org/our-work/direct-legal-services/survivors-of-violence/.
Reporting to law enforcement [click to expand/contract]
  • The right to have a support person present during interviews.
  • The right to receive a copy of the police report at no charge.

What specific rights do child victims and survivors of sexual assault have in Washington state?

  • In addition to the rights provided to adults, every reasonable effort shall be made by law enforcement agencies, prosecutors, and judges to ensure child victims and witnesses are allowed the following. 
  • Connection to services at a local Child Advocacy Center or other community-based sexual assault program when presenting at a medical facility or reporting to a law enforcement officer. 
  • To have the legal process and/or police investigations explained in easily understandable language. 
  • To allow law enforcement to enlist the assistance of other professional personnel trained in the interviewing of the child victim. 
  • An advocate who can tell the court about the child’s ability to understand the court process and cooperate with prosecution and the effects it may have on the child. 
  • Discussion with the prosecutor about the possibility of remote video testimony and other accommodations that may help the child feel safe and secure in the courtroom. 
  • An advocate or support person who can remain with the child before and during any court proceedings. 
  • To tell the court about the need for a support person to accompany the child while they testify to help the child feel safe. 
  • To limit sharing of names, addresses, or photographs to a law enforcement agency, prosecutor, defense counsel, or private or governmental entity that provides services to the child unless permission is given by the child or their parent/guardian.

Note: In Washington state certain disciplines including, but not limited to, medical professionals, advocates, childcare providers, and teachers are required by law to report to law enforcement or the Washington Department of Children Youth and Families when they learn about sexual assault of anyone under the age of 18. 

What happens if my rights are denied?

If a victim, survivor of a victim, or witness of a crime is denied a right, the person may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the crime occurred and providing notice of the petition to the relevant party or parties. Compliance with the right is the only remedy available. The court shall expedite the consideration of a petition filed under this subsection.

References

RCW 7.105.100, RCW 7.68, RCW 7.69.030, RCW 7.69A.030, RCW 7.69A.050, RCW 26.44.030, RCW 70.125.060, RCW 70.125.110, RCW 49.76.030, Washington State Constitution, Article I, Section 35.