What Legal Rights Do Sexual Assault Survivors Have in Pennsylvania?

Understanding the Legal Rights of Survivors in Pennsylvania

It is understandable for survivors of a sexual assault to feel isolated and abandoned.

What’s important for survivors to realize is that the full force of many local agencies stands ready to support them as they navigate the trauma.

These are the rights they are entitled to:

Medical and Evidence Rights

• Free Forensic Exams: As upsetting as it might be, survivors of a sexual assault are encouraged to seek medical care at a hospital ER as soon as possible.

Once there, they will receive a free forensic medical exam. Often referred to as a rape kit, this exam can provide crucial evidence that can help police investigators.

A survivor will not be billed for the exam, the kit, or the testing.

• Anonymous Testing: Survivors of sexual assault have the right to have the evidence kit collected and tested without providing their name or filing a police report.

In some cases, the assailant is known to the survivor, and they may not immediately want to press charges. However, securing the evidence is important in case charges are filed against the assailant at a later date.

• Confidential Advocacy: There will be a lot to deal with emotionally after a sexual assault. Survivors have the right to take advantage of confidential support from a rape crisis center counselor. This counselor is often on staff at the hospital and may be available during and after the forensic exam.

Survivors can find additional resources at the Pennsylvania Coalition Against Rape (PCAR) at 1-888-772-7227.

• Evidence Notification: Once the rape kit goes into the system, survivors can request updates on the status of the testing. They must also be notified at least 60 days’ notice prior to the destruction of any evidence associated with the assault.

• Victim Advocate: If an arrest is made, the assailant will be charged and put on trial.

Throughout the criminal justice process, survivors have the right to garner support from a victim advocate. This is a person who will accompany survivors to any hearings they wish to attend. The advocate will also help the survivor navigate the criminal court system.

• Participation and Notification: Survivors have the right to be notified about any pending court proceedings related to their case. They can also submit a victim impact statement and provide input before the decision to drop the charges or enter into a plea agreement.

• Protection Orders: Survivors of a sexual assault are instantly eligible to file for a Protection from Abuse (PFA) order or a Protection from Sexual Violence and Intimidation (PSVI) order.

These orders will legally prohibit the offender from contacting or approaching the survivor for a specified period.

Throughout this entire process, survivors are entitled to strict confidentiality. If you are compelled to testify, there can be protections put in place to shield your identity.

Your attorney can help maintain that confidentiality and protect your privacy.

Statute of Limitations for Sexual Assault

As with any type of personal injury claim, there is a finite amount of time to file a sexual assault claim. That timeline depends on the age of the victim when the assault occurred.

Here are the statutes of limitations that apply to sexual assaults:

• If the survivor was abused as a minor, they have until their 55th birthday to file a civil lawsuit.
• If the survivor was abused as a young adult (Ages 18–23), they have until they turn 30 years old to file an action.
• If the survivor was abused as an adult (Ages 25+), they have 2 years from the date of the assault to file a civil claim.

How the Support of an Attorney Helps Protect Your Rights and Recovery

Recovering after a sexual assault is not going to be easy for the survivor. They may need help coordinating with medical care and counseling resources. They will also need support navigating through the criminal court system. Working with an attorney who understands the sensitive nature of sexual assault claims can provide that support.

The trauma-informed attorneys at Laffey Bucci D’Andrea Reich & Ryan regularly handle cases in support of survivors of sexual assault. We understand the need to protect our client’s confidentiality.

We also have experience investigating institutions such as schools, employers, religious organizations, or businesses that may share responsibility. If we are confident that their negligence contributed to the assault, we will discuss filing a complaint to hold them accountable.

At Laffey Bucci D’Andrea Reich & Ryan, our attorneys provide compassionate, trauma-informed representation focused on protecting survivors and helping them pursue a remedy. If you have questions about your legal rights or potential civil options, contact our team today for a confidential consultation.

You’re not alone.