|
|
To enact section 3727.61 of the Revised Code to | 1 |
establish the Sexual Assault Survivors' Bill of | 2 |
Rights. | 3 |
Section 1. That section 3727.61 of the Revised Code be | 4 |
enacted to read as follows: | 5 |
Sec. 3727.61. All survivors of sexual assault deserve | 6 |
comprehensive and compassionate support following the assault, | 7 |
including the right to each of the following: | 8 |
(A) The right to be treated with courtesy, compassion, and | 9 |
respect for the survivor's dignity and privacy and to suffer the | 10 |
minimum number of necessary inconveniences from the survivor's | 11 |
involvement with the medical and criminal justice systems; | 12 |
(B) The right to have access to high-quality rape crisis | 13 |
services in the survivor's community that meet the core standards | 14 |
for rape crisis programs, including the right to have an advocate | 15 |
present during the medical exam and during interviews of the | 16 |
survivor by law enforcement; | 17 |
(C) The right to have access to comprehensive medical | 18 |
treatment that meets all of the survivor's physical and mental | 19 |
health recovery needs; | 20 |
(D) The right to have access to, when necessary, measures to | 21 |
provide for the survivor's safety and the safety of the survivor's | 22 |
family and to protect the survivor and the survivor's family from | 23 |
intimidation and retaliation; | 24 |
(E) The right to information regarding the availability of | 25 |
criminal restitution, recovery of damages in a civil cause of | 26 |
action, the reparations fund, and other remedies and the | 27 |
mechanisms to obtain those remedies; | 28 |
(F) The right to timely information about the survivor's | 29 |
participation in criminal proceedings including scheduling, | 30 |
progress, and ultimate disposition of proceedings; | 31 |
(G) The right to have access to professionals in the criminal | 32 |
justice system who have been trained to provide trauma-informed | 33 |
care and to recognize and effectively address the unique needs and | 34 |
concerns of sexual assault survivors; | 35 |
(H) The right to a hospital coordinator at every hospital in | 36 |
Ohio; | 37 |
(I) The right to timely submission and processing of the | 38 |
sexual assault forensic evidence collection kit by law enforcement | 39 |
personnel and the right for adult survivors to have the kit | 40 |
collected in an anonymous process and held for a reasonable amount | 41 |
of time by law enforcement personnel; | 42 |
(J) The right to a free medical exam following a sexual | 43 |
assault and the right to not be billed or charged for any forensic | 44 |
evidence collection costs during the exam; | 45 |
(K) The right to be heard, believed, and not blamed by | 46 |
medical or legal professionals for being sexually assaulted, even | 47 |
if a survivor chooses not to move forward with the criminal | 48 |
justice process; | 49 |
(L) If the survivor is a student, the right to an adequate | 50 |
response from the survivor's school or campus, as required under | 51 |
Title IX of the "Education Amendments of 1972," 20 U.S.C. section | 52 |
1681 through 1688, that acknowledges the survivor's needs, | 53 |
provides the survivor with accommodations, including the ability | 54 |
to take time off without academic penalty, and a judicial process | 55 |
that addresses policy violations that allows the survivor to | 56 |
continue the survivor's education in a safe environment; | 57 |
(M) If the survivor is employed, the right to an adequate | 58 |
response from the survivor's employer that acknowledges the | 59 |
survivor's needs, protects the survivor's right to | 60 |
confidentiality, and provides the survivor with accommodations to | 61 |
help the survivor fully recover from the assault, including no | 62 |
penalties for time off from work to undergo a forensic medical | 63 |
exam for the purpose of collection of evidence, file a police | 64 |
report, or attend court proceedings; | 65 |
(N) The right to the privacy that the survivor needs to | 66 |
recover from the assault and for the media to agree to not | 67 |
disclose the name or identifying information about any survivor of | 68 |
any form of sexual violence, including sexual harassment. | 69 |
Section 2. This act shall be known as the "Sexual Assault | 70 |
Survivors' Bill of Rights Act." | 71 |