It’s important to understand that during the forensic exam, your rights and choices are respected at all times. Below is a summary of what you can expect regarding consent, privacy, and your legal rights throughout the process:
Informed Consent
Before the forensic exam begins, you will be asked to provide informed consent. This means the SANE nurse will explain the entire process to you, including what will happen during the exam, what types of evidence will be collected, and what the potential uses of that evidence might be.
You will have the opportunity to ask questions and make sure you fully understand the process before giving your consent. Your consent is required for every part of the exam and evidence collection. You can choose to agree to some parts of the exam while refusing others.
If at any point during the exam you feel uncomfortable, you are free to stop or withdraw your consent. You should never feel pressured to do anything you are not comfortable with.
Your Right to Refuse
You have the right to refuse any part of the exam or evidence collection. For example, you may decide you do not want to have photographs taken, or you may choose not to provide a urine sample. The nurse will respect your choices and ensure that no part of the exam is conducted without your consent.
If you choose to decline certain parts of the exam, it does not affect your ability to receive care or medical treatment. You can still receive treatment for injuries, STIs, or other medical needs, regardless of whether you agree to the evidence collection process.
Confidentiality & Privacy
Everything you share during the forensic exam, both personal and medical, is protected by confidentiality laws. This means that any information you provide, including your identity, medical history, and details about the event, will not be shared without your consent, except in cases where mandatory reporting is required (such as reporting a minor’s case of sexual assault or in certain situations involving law enforcement).
Your personal information and the evidence collected will be stored securely. If you choose to undergo the forensic exam but do not report the incident to law enforcement, the evidence can be kept in a secure storage facility for up to a year in most cases. This allows you time to decide if you want to pursue legal action later. You are not obligated to report to the police or take legal action in order to have the exam.
No Obligation to Report to Law Enforcement
It’s important to know that you do not have to report the incident to law enforcement in order to receive the forensic exam. The exam is a private decision that allows you to collect evidence should you choose to pursue legal action in the future, but you are under no pressure to involve the police right away.
If you do choose to report the incident to law enforcement later, the evidence collected during the exam can be used in a potential investigation or court case. However, if you decide not to pursue legal action, the evidence will remain securely stored and can be destroyed if you choose.
Your Rights During the Exam
Throughout the exam, you have the right to:
- Have a support person (such as a friend, family member, or advocate) present during the exam if it helps you feel more comfortable.
- Pause or stop the exam at any time if you need a break or if you no longer wish to continue.
- Ask questions at any point in the process to better understand what is happening.
- Choose the parts of the exam you wish to participate in, including the evidence collection and medical care.
The SANE nurse will be available to support you and ensure that you are well-informed and comfortable throughout the entire process. Your decisions will be honored and respected.
You are in control of your body, your choices, and your care. The forensic exam is designed to help empower you by providing you with options while ensuring that you receive the medical attention and support you need, without any pressure to take further steps if you’re not ready.