In Colorado, survivors of sexual assault between 18-69 years old, who do not have intellectual or developmental disabilities, have three options for reporting. Even though the term “reporting” is used, only one of the reporting options involves reporting to the law enforcement.
For two of the reporting options, survivors can seek medical care and/or submit collected evidence without involving law enforcement.
When the survivor has decided on a reporting option, they will be asked to sign a consent form. The consent form notes the reporting option they choose and whether they consent to submit their sexual assault evidence collection kit for testing. Advocates, mental health professionals, and medical providers should become familiar with this consent form. This will enable you to answer any question the survivor has and ensure the survivor is signing for the correct options. The form can be a bit confusing, therefore be ready to support survivors through the completion of the form.
Federal and state law provides survivors with the following options if they seek medical care:
Report their experience anonymously:
Anonymous reporting enables survivors to participate in a medical forensic exam with a Sexual Assault Nurse Examiner (SANE) or Forensic Nurse Examiner (FNE). If survivors choose this option, their name is NOT written on the outside of the sexual assault evidence collection kit and they remain anonymous to the police. The medical facility will have their contact information, but law enforcement will not.
With this option, a survivor’s evidence collection kit will NOT be submitted for DNA testing at a crime lab. Instead, the evidence will be stored at the law enforcement agency in the jurisdiction where the crime occurred for at least the statute of limitations (20 years for felony sex assault). The survivor will be given a case number which can be used to retrieve the sexual assault evidence collection kit if they decide at a later date they would like to work with law enforcement on their case. The medical provider should write the case number in the survivor’s medical file, in case the survivor loses it. Advocates can also document the case number in a confidential advocacy file per their agency’s internal policies as another safety measure.
Report their experience to the police but request they do not investigate the assault at this time:
This option is often called medical reporting or non-investigative reporting and allows survivors to have a medical forensic exam. For this option, evidence collection, DNA testing of their evidence, and law enforcement involvement are NOT REQUIRED. It is important that advocates, medical providers, and mental health professionals listen to their patient and do not bring a police officer into the room without the survivor’s permission.
Under this option, the police will receive the survivor’s name and contact information, however survivors do NOT have to speak with police if they do not want to. Sometimes, the police officer responding to the hospital would like to meet the survivor, give them their card, and check if they are okay. There is NO REQUIREMENT that survivors agree to this.
The sexual assault evidence collection kit will be sent for testing at a crime lab within 21 days of its receipt by the law enforcement agency, unless the survivor does not give consent or withdraws their consent for testing. The testing process can take about 4-6 months but MUST be finished within 6 months (180 days). Law enforcement is required to inform survivors when their kit has been submitted, if there have been any results, and if DNA is present. Additionally, law enforcement must notify a survivor 60 days prior to destruction of a kit and a survivor has the right to object and have their kit stored for an additional 10 years.
Report to the police and work with them on an investigation:
This is the reporting option most people are familiar with. The survivor may speak with different police officers at different times which might be at the hospital, at the police station or other places for various interviews.
Survivors can ask to have an advocate when talking to police. Some victim advocates work for the police department, and some are community-based. Both can provide survivors with emotional support, assist with applying for Colorado Crime Victim Compensation funds, and explain how the law enforcement investigation will proceed. A law enforcement advocate is not confidential. Things survivors say to a law enforcement advocate can be shared with police. Confidential, community-based advocates can be there during an interview and outside of working with police. They are confidential and won’t share any information with police unless a survivor wants them to.
Under this option, the sexual assault evidence collection kit will be sent for DNA testing at a crime lab within 21 days of when police get it from the medical facility. Survivors can always choose not to have police take it and even tell them to withdraw it if they change their mind. The testing process can take about 4-6 months but must be finished within 6 months (180 days). Law enforcement is required to inform survivors when their kit has been submitted, if there have been any results and if DNA is present. Additionally, law enforcement must notify a survivor 60 days prior to destruction of a kit and a survivor has the right to object and have stored for an additional 10 years.
At a Glance Reporting Option Recap: ( Professionals)
| Question | Anonymous Reporting | Medical Reporting | Law Enforcement Reporting |
|---|---|---|---|
| Does the survivor need to speak with law enforcement? | No | No | Yes |
| Is the survivor’s name listed on the sexual assault evidence collection kit for law enforcement to see? | No | Yes | Yes |
| Who pays for the MFE? | A combination of insurance and the SAVE fund, or just the SAVE fund. Federal and state law prohibits survivors receiving a bill for the evidence collection portion of the exam. (Colo. Rev. Stat. § 18-3-407.5 (b)) | A combination of insurance and the SAVE fund, or just the SAVE fund. Federal and state law prohibits survivors receiving a bill for the evidence collection portion of the exam. (Colo. Rev. Stat. § 18-3-407.5 (b)) | A combination of insurance, law enforcement, and Colorado Crime Victim Compensation. Federal and state law prohibits survivors from receiving a bill for the evidence collection portion of the exam. The law enforcement agency in the jurisdiction where the crime occurred must pay for evidence collection. (C.R.S. §18-3-407.5(1)) |
| Is the survivor’s evidence tested? | No | Yes, as long as the survivor consents to testing. Current state law requires law enforcement to send the kit for testing within 21 days of receipt (Colo. Rev. Stat. §24-33.5-113) or store the kit for at least the statute of limitations (20 years for felony sex assault) (Colo. Rev. Stat. 18-3-407.5 (3) (c)) if the survivor does not consent to testing. | Yes, as long as the survivor consents to testing. Current state law requires law enforcement to send the kit for testing within 21 days of receipt (Colo. Rev. Stat. §24-33.5-113) or store the kit for at least the statute of limitations (20 years for felony sex assault) (Colo. Rev. Stat. 18-3-407.5 (3) (c)) if the survivor does not consent to testing. |
| How long is the sexual assault evidence collection kit stored? | Current state law requires law enforcement in the jurisdiction where the crime occurred to store the kit for at least the statute of limitations (20 years for felony sex assault) (Colo. Rev. Stat. 18-3-407.5 (3) (c))s. | Current state law requires law enforcement in the jurisdiction where the crime occurred to store the kit for at least the statute of limitations (20 years for felony sex assault) (Colo. Rev. Stat. 18-3-407.5 (3) (c)) if the survivor does not give consent for the kit to be tested. | Current state law requires law enforcement in the jurisdiction where the crime occurred to store the kit for at least the statute of limitations (20 years for felony sex assault) (Colo. Rev. Stat. 18-3-407.5 (3) (c)) unless there is an active investigation and/or prosecution occurring, in which case it must be sent for testing within 21 days of receipt. |
| Can a survivor change their mind and work with law enforcement at a later date? | Yes, they can use the case number they are given to locate the kit and start an investigation. | Yes, they can use the case number they are given to locate the kit and start an investigation. | Yes, if they decide they need more time or are not able to participate in an investigation at this time, they can step back and their case will be inactivated until they are ready. |
| Are survivors notified if the evidence from their kit is going to be destroyed? | Since law enforcement will not know who the survivor is, and will not be able to contact them, they are unable to let the survivor know if they are going to destroy their kit after the required time frames have passed. Survivors can call the law enforcement agency or accredited crime lab where their kit is being stored before the statute of limitations has ended to request they to store their kit for an additional 10 years (Colo. Rev. Stat. 24-4.1-303 (14.9) (b). However, doing so would likely reveal their identity to them. | Current state law requires the law enforcement agency or accredited crime lab where their kit is being stored to notify the survivor at least 60 days prior to the destruction of the forensic medical evidence (Colo. Rev. Stat. 24-4.1-303 (14.9) (a). Survivors have the right to request their kit be stored for an additional 10 years (Colo. Rev. Stat. 24-4.1-303 (14.9) (b). | Current state law requires the law enforcement agency or accredited crime lab where their kit is being stored to notify the survivor at least 60 days prior to the destruction of the forensic medical evidence (Colo. Rev. Stat. 24-4.1-303 (14.9) (a). Survivors have the right to request their kit be stored for an additional 10 years (Colo. Rev. Stat. 24-4.1-303 (14.9) (b). |
| Are survivors notified when the evidence is submitted for testing and when testing is complete? | Since the survivor did not consent, the medical forensic DNA evidence cannot be submitted for testing. | If the survivor does not consent, the medical forensic DNA evidence cannot be submitted for testing. If the survivor consents to testing, current state law provides survivors with several rights, including the right to be notified when the medical forensic DNA evidence has been submitted for testing as well as when law enforcement receives the results of the analysis (Colo. Rev. Stat. 24-4.1-302.5 (1) (b.8) (I-V). | If the survivor does not consent, the medical forensic DNA evidence cannot be submitted for testing. If the survivor consents to testing, current state law provides survivors with several rights, including the right to be notified when the medical forensic DNA evidence has been submitted for testing as well as when law enforcement receives the results of the analysis (Colo. Rev. Stat. 24-4.1-302.5 (1) (b.8) (I-V). |
