State Laws Related to Sexual Assault
Victim Rights Information
The 2021 Montana Legislature passed an amendment to 45-15-406, MCA.
Notice of Rights for Victims of Sexual Assault.
Please click the link below to see the amendment.
HB0310 Updated 2021 Victim Rights
Rights include the following:
(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;
(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:
(a) contact information for the officer investigating the case;
(b) the current status of the case;
(c) whether the case has been submitted to the office of the prosecuting attorney for review;
(d) whether the case has been closed and the documented reason for closure;
(e) if available, contact information for a local community-based victim services program;
(f) notifications of the victim’s legal rights, including the right to file a petition requesting an order of protection; and
(g) the notices required by 46-24-203, 46-24-204, and 46-24-206.
Related State Laws
- 46-24-201 Services to victims of crime
- 46-24-202 Notification of available protective services
- 46-24-203 Prompt notification to victims and witnesses of certain offenses
- 46-24-204 Scheduling changes
- 46-24-205 Notification to employer or creditor — limitations on employer
- 46-24-206 Property return — right to be heard on disposition of evidence
- Statute of Limitations
- 44-6-104 Consumer DNA database searches — familial DNA searches — warrant required
- 46-15-404 Sexual assault evidence kit collection and storage — consent of patient — notice to law enforcement
- 46-15-413 Retention and disposal of sexual assault evidence kits — victim notification
