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Code · Montana · Title 46 — Criminal Procedure · Chapter 15 · Part 4

46-15-406. Notice of rights for victims of sexual assault.

225 words·~1 min read·/mt/title-46/chapter-15/part-4/46-15-406·

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46-15-406 . Notice of rights for victims of sexual assault. The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:
(1)a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
(2)a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;
(3)on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:
(a)contact information for the officer investigating the case;
(b)the current status of the case;
(c)the current status of the sexual assault evidence kit;
(d)whether the case has been submitted to the office of the prosecuting attorney for review;
(e)whether the case has been closed and the documented reason for closure;
(f)if available, contact information for a local community-based victim services program;
(g)notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and
(h)the notices required by 46-24-203 , 46-24-204 , and 46-24-206 .
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