New Law Regarding Forensic Medical Exams for Victims of Sexual Assault Crimes

On March 31, 2008, Governor Ritter signed into law HB 08-1217 which states that a victim of a sexual assault is not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam or to bear the cost of receiving such an exam.

As a result of HB-08-1217, if a victim of a sexual assault crime wishes to receive a forensic medical exam but does not at the time of receiving the exam want to participate in the criminal justice system, she/he may go to a medical facility that provides forensic medical exams to obtain this exam. The victim of the sexual assault will not be charged for the forensic exam. The victim may be charged for other medical expenses not related to the exam, such as the cost of medical treatments.

HB 08-1217 does not affect Colorado’s mandatory reporting laws. Under Colorado law, the attending physician is required to report to a law enforcement agency any known or suspected physical and sexual abuse crimes as well as domestic abuse. Therefore, the physician/nurse who conducts the exam is required to contact law enforcement to report the crime, however, there is not a requirement that the victim of the crime participate in the criminal justice system or cooperate with law enforcement in order to receive a forensic medical exam.

For more information about the new law please click on the following links:

Medical Forensic Exam Payment Fact Sheet

Information for Law Enforcement

Information for Medical Facilities

Information for Victim Service Agencies

Information for Victims of Crimes (English)

Information for Victims of Crimes (Spanish)

Frequently Asked Questions (English)

Frequently Asked Questions (Spanish)

 

FORENSIC EXAM PAYMENT FORM