ADULT

RIGHTS
ADULT
YOUR

as a

SURVIVOR

This guide was written by and for adult

survivors of sexual assault in Texas.
Its purpose is to empower survivors by providing them
with an accessible overview of their rights, informing
them about the systems designed to serve them, and
promoting access to appropriate and timely care.
 ...AT THE MEDICAL FACILITY ...DURING AN INVESTIGATION
During a Sexual Assault Forensic Exam, During their interaction with law enforcement,
Adult Survivors have the right to: Adult Survivors have the right to:

A medical forensic exam, within 120 hours of the Use a pseudonym (in place of your name) on public
assault (and in certain cases even when reported facing police reports and databases and in legal
after this time period), for treatment and evidence proceedings regarding the offense
collection by a certified Sexual Assault Nurse Texas Code of Criminal Procedure Arts. 58.102 & 58.103
Examiner or healthcare provider Have an advocate from a sexual assault program
Texas Code of Criminal Procedure Arts. 56A.303 & 56A.251 present with you during the law enforcement
Refuse treatment or stop an exam at any time investigative/follow-up interviews
Texas Health and Safety Code §462.009 Texas Code of Criminal Procedure Art. 56A.3515

Have an advocate from a sexual assault program in Not be required or requested to take a polygraph
the room with you during an exam examination by a law enforcement officer or an
Texas Code of Criminal Procedure Art. 56A.351 attorney representing the state
Texas Code of Criminal Procedure Art. 15.051
Not be charged for the forensic portion of the exam
or evidence collection kit Be informed about the name and contact
Texas Code of Criminal Procedure Art. 56A.304 (f) information for the prosecutor’s office’s victim
Request to receive counseling on and testing for assistance coordinator
Texas Code of Criminal Procedure Arts. 56A.401 (4)(5)
AIDS/HIV infections
Texas Code of Criminal Procedure Art. 56A.052 (a)(3)(4) Be provided with information about crime victims’
A private treatment room and access to a shower compensation and referrals to service providers that
after a medical forensic exam if provider space allows can offer additional assistance
Texas Health and Safety Code §§323.004 (b)(5)(8) & 323.053 Texas Code of Criminal Procedure Art. 56A.051 (6)

Receive information on the status of evidence The prompt return of property that is no longer
collected during a medical forensic exam, and/or needed as evidence
Texas Code of Criminal Procedure Art. 56A.051 (9)
“track” the evidence through the Track-Kit website
Texas Government Code §420.034 (c)(4) If requested, receive information on the status
of evidence collected during a medical forensic
A exam; including testing of biological evidence and
You do not have to contact law enforcement to completion of DNA database comparisons
be entitled to the rights listed in this section. Texas Government Code §420.034 (c)(4) & Texas Code of
Criminal Procedure Art. 56A.052 (a)(2)

After a medical forensic exam, you have The evidence collected from your forensic
the right to decide if you want to file a medical exam will be stored for five years by
report with law enforcement. Although the the Texas Department of Public Safety.
collected evidence will be stored by the Texas
For further information, please visit dps.texas.
Department of Public Safety, it will not be
gov/sec tion/crime -laborator y/non-
tested unless you report the sexual assault.
reported-sexual-assault-evidence-program
Texas Code of Criminal Procedure Art. 56A.306

ADULT
RIGHTS
ADULT
YOUR

as a

SURVIVOR
...AFTER AN ARREST ...IN COURT PROCEEDINGS
If someone is arrested for the assault, If their case goes to court,
Adult Survivors have the right to: Adult Survivors have the right to:

Request an emergency protective order from If requested, be informed about relevant

the courts while the defendant is still in custody, court proceedings, including appellate court
or have one requested on your behalf, and proceedings, and to be informed prior to a
receive a copy of that order proceeding should it be canceled
Texas Code of Criminal Procedure Art. 17.292 Texas Code of Criminal Procedure Arts. 56A.051 (a)(3)(A)
& 7B.001 (a-1)
To be informed, if requested, about a defendant’s
right to bail, as well as procedures in criminal Be present at all offense-related court proceedings
investigations and the criminal justice system with the judge’s approval
Texas Code of Criminal Procedure Art. 56A.051(a)(3)(4) Texas Code of Criminal Procedure Art. 56A.051 (b)

Have the safety of you and your family considered A separate, secure area for you to wait to testify in
when bail is set for the offender proceedings concerning the offender
Texas Code of Criminal Procedure Art. 56A.051 (a)(2) Texas Code of Criminal Procedure Art. 56A.051 (a)(8)

Have the indicted offender tested for AIDS/HIV Receive law enforcement protection from threats or
infections or antibodies harm for cooperating with prosecution
Texas Code of Criminal Procedure Art. 21.31 Texas Code of Criminal Procedure Art. 56A.051 (a)(1)

Have the attorney representing the state notify your

employer, if requested, if testifying requires your
absence from work
Texas Code of Criminal Procedure Art. 56A.051 (a)(10)

Be informed about plea bargains and the terms of

...AFTER CONVICTION the agreement before they are accepted by the court
If the offender is convicted, Texas Code of Criminal Procedure Arts. 56A.453 & 26.13(e)(2)
Adult Survivors have the right to:

Upon conviction or deferred adjudication, have

a permanent protective order filed on your behalf
Texas Code of Criminal Procedure Art. 7B.001 (a)(1)(2)

Provide a Victim Impact Statement, describing how ...AT ANY TIME

the crime has impacted your life, to be considered Adult Survivors always have the right to:
by the prosecution, judge, and Board of Pardons
and Paroles at the time of sentencing and during any Terminate your rental lease, if the listed tenant is a
parole hearing victim or a parent or guardian of a victim of sexual
Texas Code of Criminal Procedure Arts. 56A.051 (a)(5)(12) & assault, or has been in the last six months, and the
56A.151 assault took place on the premises of your rental
Be informed of the ways in which your Victim Impact property or complex
Statement may be used Texas Property Code §92.0161
Texas Code of Criminal Procedure Art. 56A.051 (a)(12)(A–B) Participate in the Office of the Attorney General’s
Be informed of parole procedures, participate in the Address Confidentiality Program
parole process, be notified of parole proceedings, Texas Code of Criminal Procedure Arts. 58.052 & 58.053
provide Board of Pardons and Paroles information Request a final protective order from the courts, or
to be considered for parole, and be notified of the have the attorney representing the state request
offender’s release one on your behalf, and not be charged any fees
Texas Code of Criminal Procedure Art. 56A.051 (a)(7)(A–D) related to the protective order, including for copies
Request victim-offender mediation by the Texas of an order
Department of Criminal Justice Texas Code of Criminal Procedure Arts. 7B.001 (a)(1)(3),
Texas Code of Criminal Procedure Art. 56A.602 (2) 7B.001 (a-1) & Texas Family Code §81.002

File a civil suit against the person(s) who attacked

you, up to 5 years from the date of the offense
Texas Civil Practice and Remedies Code §16.0045 (b)(1)

A
You do not have to contact law enforcement to
be entitled to the rights listed in this section.
GLOSSARY OF TERMS

Address Confidentiality Program Indicted/Indictment

A substitute PO Box and mail forwarding service provided A grand jury decision which allows a prosecutor’s office to
by the Office of the Attorney General to survivors to keep move the case forward to prosecution.
their physical address secret. This is the only kind of PO Box
that can be listed on a driver’s license. Medical Forensic Exam
Medical assessment, treatment and collection of evidence of
Advocate a sexual assault by a certified SANE or healthcare provider.
A volunteer or staff from a community based sexual assault The exam includes gathering information from the patient,
program, that provides support for victims/survivors of coordinating treatment of injuries with needed follow-up
sexual assault and similar crimes. Their job duties may care, and documentation of biological and physical findings.
include offering crisis intervention, safety planning, needs
assessments and advocating on behalf of a survivor Plea Bargain
and/or accompanying the survivor to law enforcement An agreement between a prosecutor and a defendant where
interviews and forensic medical exams. They will also supply the defendant pleads guilty in exchange for a set punishment,
information or referrals for shelters, restraining orders, and some of the charges against them to be dismissed or reduced,
other support services. and/or for the prosecutor seeking a lesser sentence. This is
the most common outcome of a case. The Judge is not
AIDS Acquired Immunodeficiency Syndrome bound by the terms of the plea deal.
A spectrum of medical conditions caused by HIV. AIDS
interferes with the immune system, making a person more Polygraph
vulnerable to other diseases and medical conditions. Commonly used to detect deception and sometimes
incorrectly called a “lie detector test” despite little proof it
Court Proceedings can actually detect lies.
Refers to formal parts of a criminal or civil case. Ex:
arraignment, hearing, entering a plea, trial, sentencing, Protective Order
appeals, and protective order hearings. A civil court order requiring an individual to stay away from
a person. Can include other provisions for the safety and
Crime Victims’ Compensation support of the protected party. Ex: child support, custody
Funds meant to reimburse victims and immediate family determinations, and others.
members, dependents, and others who assume certain
financial obligations for costs related to the crime against Pseudonym
them (ex: counseling, medical treatment, funerals, and loss of A fake name. Victim can submit a form to request that initials
income not paid by other sources). Funds are collected from or a fake name of their choosing be used in all records and
fines and fees paid in criminal cases and managed by the court proceedings related to the offense. Ex: Jane Doe.
Office of the Attorney General.
SANE Sexual Assault Nurse Examiner
Deferred Adjudication A registered nurse with special training in trauma response,
A type of punishment that is judge/court-ordered community evidence collection, and evidence storage to conduct a
supervision or probation that allows a defendant to avoid a sexual assault forensic medical examination.
formal conviction on the condition that they plead guilty and
complete certain terms of their supervision. SAFE Sexual Assault Forensic Exam
A forensic exam conducted by a certified SANE or a
Evidence Collection physician with specialized training to conduct a forensic
Method of collecting, documenting, and storing different medical examination.
items relevant to the investigation of a crime.
Track-Kit
Healthcare Provider The program run by the Texas Department of Public Safety
A person or entity that provides medical care or treatment. that allows survivors who have had a medical forensic exam
Includes physicians and nurses who work at a hospital or a to track where the evidence currently is in the process.
clinic that provides forensic medical exams.
Victim Assistance Coordinator
HIV Human Immunodeficiency Virus Designated person at the prosecutor’s office to help survivors
A virus that attacks the cells that help the body fight off understand and access their rights. If a sexual assault
infections, causing the medical condition known as AIDS. HIV advocate is not available to accompany a survivor during
is spread by contact with certain bodily fluids of an infected an investigative interview, the victim assistance coordinator
person, which can occur during a sexual assault. may fulfill that role.