Your Rights as a Victim

The following was taken from the Tennessee District Attorney General's Office of Tennessee regarding victim's rights.

 

By Virtue of being a victim, you have the rights as provided by Article 1, section 365 of the Constitution of Tennessee. The right to confer with prosecution.

  • The right to be free from intimidation, harassment, and abuse throughout the criminal justice system.
  • The right to be present at all proceedings where the defendant has the right to be present.
  • The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the statute.
  • The right to be informed of all the proceedings and the release, transfer, escape, or recapture of the accused or convicted person.
  • The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
  • The right to restitution by the defender.
  • The right to be informed of each of the rights established for the victims.

 

Forensic Rape Exam Payment Statute
§ 29-13-118. Forensic medical examinations; sexually-oriented crimes; claims for compensation

 

(a) For purposes of this section, unless the context otherwise requires, "forensic medical examination" means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law.

 

(b)(1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502--39- 13-506, 39-13-522, 39-13-527, 39-13-531, and 39- 13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107.

 

(2) Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations.

 

(c) A claim for compensation under this section shall be filed no later than one (1) year after the date of the examination by the health care provider that performed the examination, including a hospital, physician, SANE program, Child Advocacy Center, or other medical facility. The claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name and address of the victim, and any other information required by the division in order to satisfy federal regulations issued under the Victims of Crime Act of 1984. The claim shall be accompanied by an itemized copy of the bill from the health care provider that conducted the examination. The bill shall, at a minimum, set forth the name of the victim, the date the examination was performed, the amount of the bill, the amount of any payments made on the bill, and the name and address of the health care provider that performed the examination.

 

(d) The amount of compensation that may be awarded under this section shall not exceed seven hundred fifty dollars ($750), and shall constitute full compensation to the health care provider that provided the service. No provider receiving compensation pursuant to this section shall bill the victim for any additional cost related to the forensic medical examination. The compensation shall be made pursuant to this subsection (d) no later than ninety (90) days after receiving the documentation required under subsection (c).

 

(e) Payment under this part does not prohibit the victim from receiving other payments for which the victim may be eligible under this section or any other law.

 

The following phone numbers are for your information and convenience in exercising your rights:
Victims of Crime State Coordinating Council - 1-800-289-9018
Criminal Injuries Compensation Program - (615) 741-2734
Statewide Victim Witness Coordinator - (615) 532-5591
Probation and Parole - (615) 741-1150
Tennessee Department of Correction - (615) 741-1000 Ext. 4006
TN Attorney General (appeals info. only) - (615) 532-1971

Warning Signs

Life on a college campus means you may encounter someone you suspect is being abused in some way. If you ever become concerned for a student, friend, or family member, PSEPP can help you help them.

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Prevention Techniques

Sexual Assault like many other crimes is a crime of opportunity and motive. There are no hard and fast rules to guarantee your safety. However, there are some steps you can take to reduce your risk of being assaulted.

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