Additional Rights for Victims of Sexual Assault
A. Evidence Code § 1035: Definition of sexual assault victim.
B. Evidence Code § 1035.2: Definition of sexual assault counselor.
C. Evidence Code § 1035.4: Sexual assault victim counselor privilege. D. Evidence Code § 352.1: Limited right to have address and phone number remain confidential in court.
E. Penal Code § 13823.9: Requirement of hospitals to use rape protocol when examining sexual assault victims.
F. Penal Code § 13823.95: Right of a sexual assault victim not to be charged for the cost of medical examination for the purpose of gathering evidence.
G. Health and Safety Code § 1491: Right to free pregnancy and venereal disease tests for sexual assault victims at county hospitals.
H. Health and Safety Code § 1492: Right to receive victim assistance information regarding state compensation to sexual assault victims at county hospitals.
I. Penal Code § 136.7: Makes it a crime for a sex offender to reveal the name and address of a victim or witness to another prisoner with the intent to intimidate through correspondence.
J. Penal Code § 264.2: Right to have crisis center notified before medical examination, right to have sexual assault victim counselor and support person present during examination.
K. Penal Code § 293: Right to be notified of Government Code 6254(f) rights (right to request name withheld from certain police reports); prohibits law enforcement from disclosing sexual assault victims name and address.
L. Penal Code § 293.5: Right to be anonymous on pleadings and at trial in sex offense cases by using Jane Doe or John Doe instead of real name in all proceedings.
M. Penal Code § 679.04: Right to have a victim advocate and a support person of the victims choosing present at any interview by law enforcement or defense attorney following the initial criminal investigation.
N. Penal Code § 868.5: Right of prosecuting witness in sexual assault case to have in court up to two persons of his or her own choosing, one of whom may be a witness, at the preliminary hearing and at the trial, or at a juvenile court proceeding, during the testimony of the prosecuting witness. Only one of those support persons may accompany the witness to the witness stand, although the other may remain in the courtroom during the witness testimony.
O. Evidence Code § 782: Limited right to have past sexual conduct remain confidential in court.
P. Evidence Code § 1103(c)(2): Evidence of the manner in which a sexual assault victim was dressed is inadmissible.
Q. Evidence Code § 1106: Prior sexual conduct of the victim is inadmissible to prove consent to sexual assault.
R. Penal Code § 1127d: Limited right to have past sexual conduct with defendant considered by jury; jury shall not be instructed that it may be inferred that a person who has previously consented to sexual intercourse with persons other than the defendant or with the defendant would be therefore more likely to consent to sexual intercourse again.
S. Penal Code § 1127e: Prohibits the use of the term unchaste character in any criminal case in which the defendant is charged with a violation of Section 261, 261.5, or 262 of the Penal Code.
T. Penal Code § 1203.1g: Right of child victim to receive restitution for medical or psychological treatment.
U. Penal Code § 637.4: Prohibits prosecution or law enforcement from requiring a polygraph examination of a sexual assault victim as a prerequisite for filing charges.
V. Penal Code § 637.3: Prohibits prosecution or law enforcement from requiring a voice stress analyzer to determine the truth or falsity of statements of any person without their consent.
W. Penal Code § 1112: Prohibits court from ordering sexual assault victim to submit to a psychiatric examination for the purpose of assessing credibility.
X. Family Code § 3030: Denies visitation rights to person convicted of rape in which a child was conceived.
