Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Limitations of the Program
Significantly, when there is no police report, the evidence collected during the exam does not necessarily
remain completely confidential. Medical facilities may take some measures to protect privacy, like
assigning the evidence a unique identification number instead of the survivor’s name. However, under
current law, information contained in DPS files is subject to open records requests—including identifying
information connected to the evidence package. Therefore, unfortunately, DPS would be required to
disclose that information in the event of a formal request.
For survivors who receive exams without filing police reports, there are also some limitations on the type of
evidence that DPS can store. DPS does not have refrigerated storage, so it cannot store “wet” evidence that is
perishable. Most importantly, that means DPS cannot store bodily fluids in liquid form. Because the boxes of
evidence will never be opened during the two-year storage period unless the survivor reports, that evidence
would go bad on the shelf. DPS can instead store “dry” evidence, like hair, clothing fibers, dried blood swabs,
and buccal swabs (tissue taken from the inside of the cheek).
One important consequence is that urine cannot be collected, which
means that a toxicology test performed at very high sensitivity levels
will be unavailable. Toxicology tests performed at hospitals are far less
sensitive than those conducted by DPS’s crime lab and cannot detect
many drugs. Therefore, victims who wish to be tested for the presence
of rape-facilitating drugs should know they cannot access that testing
unless they file police reports at the time of the exam.
Neither the 3-year
deadline for CVC nor the
2-year storage period at
DPS affects the ordinary
statute of limitations for
any criminal offense.
Payment for the Exam
Finally, under no circumstances should any survivor receive a bill for the forensic portion of the sexual
assault exam. Texas law prohibits billing survivors for forensic services, regardless of whether they
have reported to police (Tex. Code Crim. Proc. §§ 56.06-56.065). On the other hand, survivors are
responsible for the costs of the medical portion of the exam, just like any other victim of violent crime
who receives medical treatment.
Nevertheless, survivors who report their assaults can receive reimbursement for their medical costs from
the Crime Victims’ Compensation (“CVC”) program, which is administered by the Office of the Attorney
General. (p. 100, CVC) Unfortunately, CVC is only available to crime victims who have filed formal crime
reports, so survivors who receive sexual assault exams without involving police cannot apply. However, if
a survivor reports the assault within three years, she or he can apply for CVC at that time.
Bottom Line:
Payment for Medical Forensic Examinations
Forensic Portion
Medical Portion
Sexual Assault Reported
to Police at time of Exam
Local law
enforcement pays
Survivor pays, but is eligible
for CVC reimbursement
No Report Made
to Police
DPS pays
Survivor pays, and is not
eligible for CVC reimbursement
unless s/he reports to police
within 3 years
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