West Virginia Code § 61-11A-9

Sexual Assault Victims" Bill of Rights
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(a) In addition to those rights afforded victims of crime by other provisions of this code, a
sexual assault victim has the following rights:
(1) The right to a personal representative of the victim's choice to accompany him or her to a
hospital or other health care facility and to attend proceedings concerning the alleged
assault, including police interviews and court proceedings: Provided, That nothing in this
subsection shall be construed to violate established forensic interview protocols;
(2) The right to receive a forensic medical examination consistenut with the provisions of
§61-8B-1(12) of this code conducted by a qualified medical provider in accordance with best
practices, taking into consideration the age of the victim and circumstances of the offense;
(3) The right to have a sexual assault evidence collectiaon kit tested and preserved by the
investigating law-enforcement agency;
(4) The right to be informed by the investigating law-enforcement agency of any results of
the forensic medical examination, if such disclosure would not impede or compromise an
ongoing investigation; i
(5) The right to be informed in writing of the policies governing the forensic medical
examination and preservation of evidence obtained from the examination;
(6) The right to receive, upon his or her written request, notification by United States mail,
restricted delivery, to his or her last known address, from the custodian of the evidence
obtained from the forensic medical examination no fewer than 60 days prior to the date of
the intended destruc tion or disposal of the evidence: Provided, That notice to a victim which
meets the reqVuirements of this subdivision, whether received by the addressee or not, meets
all notice requirements imposed by this section;
(7) The right, upon his or her written request, to have the evidence obtained from the
forensic medical examination preserved for an additional period not to exceed 10 years; and
(8) The right to be informed of the rights afforded a victim pursuant to this section.
(b) As used in this section, "sexual assault" means any sexual act proscribed by §61-8-1 et
seq., §61-8B-1 et seq., and §61-8D-1 et seq. of this code.

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