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Bill

H 703

An act relating to expanding the Bill of Rights for Sexual Assault Survivors

2025-2026 Regular Session Introduced by Conor Casey and 1 co-sponsor

Expands survivor protections by guaranteeing private counsel, a support person, no-cost medical exams, same-gender interview option, and limits using exam evidence against survivor

Read first time and referred to the Committee on Judiciary
0
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Bill Summary · H 703

Summary of H.703 (Session 2025-2026) — Vermont

Purpose and intent

H.703 expands the existing Bill of Rights for Sexual Assault Survivors. Its core aim is to enhance survivor protections and autonomy throughout the medical, investigative, and legal processes related to sexual assault. Key goals include ensuring support, privacy, informed consent, and access to private counsel, while also safeguarding survivors from legal exposure related to evidence gathered during medical examinations.

Key provisions and changes

  • Right to a support person at all stages

    • Survivors may have a support person of their choosing present during any medical forensic examination.
    • Survivors may also have a support person present during any interview conducted by law enforcement, prosecutors, or defense attorneys.

  • Private counsel

    • Survivors have the right to private counsel present at any stage of the criminal investigation and in any subsequent criminal proceedings.
    • The survivor’s choice to employ private counsel cannot disadvantage them in the process.

  • Medical forensic examination enhancements

    • The medical forensic examination and related toxicology testing are provided at no cost, regardless of whether the survivor reports to or cooperates with law enforcement.
    • If the survivor elects to undergo a medical forensic examination:
    • The kit or its probative contents must be delivered to a forensics laboratory within 72 hours of collection.
    • The kit and its contents must be preserved at no charge for the duration of the maximum applicable statute of limitations.

  • Evidence and prosecutorial protections

    • Evidence collected during a medical forensic examination shall not be used to prosecute the survivor for any misdemeanor or for certain minor offenses (e.g., violations of 18 V.S.A. chapter 84) or used to obtain a warrant for evidence of unrelated misdemeanors committed by the survivor.
    • Survivors have the right to be informed in writing about policies governing collection, storage, preservation, and disposal of the evidence kit.
    • Survivors have the right to be informed of DNA matches related to the kit, toxicology reports, or medical records if disclosure would not impede an ongoing investigation.
    • The survivor can request written notice at least 60 days before the destruction or disposal of the kit, and may request continued preservation of the kit or its contents.

  • Additional rights and information access

    • Right to consult with a sexual assault advocate.
    • Right to information about protective orders and related enforcement policies.
    • Right to information about victim compensation and restitution availability.
    • Right to information about confidentiality.

  • Gender-considered interviewing option

    • If requested, the survivor has the right to be interviewed by a law enforcement officer of the same gender. If a same-gender officer is not available promptly, the survivor may consent to wait or proceed with another officer.

  • Post-exam care

    • The survivor has the right to shower immediately after the medical forensic examination at no cost, provided facilities are available.

Affected parties

  • Sexual assault survivors who interact with law enforcement, medical examiners, and prosecutors in Vermont.
  • Law enforcement agencies, district attorneys, defense attorneys, and forensic laboratories involved in sexual assault investigations and evidence handling.
  • Sexual assault advocates and the Vermont Network Against Domestic and Sexual Violence, which would help implement notification protocols.
  • Medical facilities and Sexual Assault Nurse Examiner (SANE) programs responsible for examinations and documentation.

Procedural and timeline aspects

  • Effective date: July 1, 2026.
  • Notification protocols: The bill requires development of protocols and written materials to aid notification of victims, to be prepared by the Vermont Network Against Domestic and Sexual Violence in consultation with relevant parties.
  • Definitions: The term “sexual assault survivor” encompasses victims of alleged sexual offenses, guiding the scope of rights and protections.

Practical impact and considerations

  • Enhances survivor autonomy and safety by allowing private counsel, support persons, and same-gender interview options.
  • Aims to minimize coercion or unintended self-incrimination by limiting use of evidence gathered during medical exams for unrelated misdemeanor prosecutions.
  • Improves access to medical forensic resources (no-cost exams and rapid lab processing) and strengthens information flow about kit status, storage, and destruction.
  • Establishes formal notification and advocacy support, potentially improving survivor experience and engagement with the justice process.

If you would like, I can provide a side-by-side comparison with Vermont’s current rights for sexual assault survivors or summarize potential budgetary implications and implementation considerations.

Compiled from official sources — confirm details with the bill’s official record.

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