Your Legal Rights
Knowledge is Power: Your rights as a recent victim of a sexual assault crime:
You have the right to report or not to report the crime.
If you choose to report:
A Safe Haven advocate will be available to accompany you when speaking to a police detective (police can be called to SAFECENTER or a local emergency room).
If you choose to not report at the time of the crime:
The SAFECENTER will hold in custody all your collected evidence for 30 days. An Advocate is available to process with you your legal rights and your options, should you want to reconsider reporting the crime. The police can be called at any time and asked to take the evidence into their custody.
Mandates:
The staff of Safe Haven is not required to call the police when the exam is completed at the SAFECENTER. However, it is Safe Haven's policy to report all crimes involving a weapon or if the victim does not have a safety plan. Safe Haven is also mandated by law and ethics to report any suspected crimes of child or elder abuse.
A police report must be made if the evidentiary exam is conducted at an emergency department. The hospital is obligated by law to report any crime to the police.
If you are younger than 18 years of age and have been assaulted by a family member, a person living in your household or a person of authority, Tennessee law mandates that Safe Haven staff report the crime to Department of Children's Services.
You have the right to file for victim compensation.
If you have reported your sexual assault crime within 48 hours of the occurrence and you work with police, you are eligible for victim compensation. The state of Tennessee has established a fund for victims of all crime, but sexual assault is the only crime that will compensate for pain and suffering. The compensation fund can award up to $3,000. An advocate can assist you with filing a claim.
You have the right to file an application for an Order of Protection
An Order of Protection can provide assistance for victims of sexual assault by having the courts dictate the level of contact a perpetrator is allowed to have with you. This can be particularly important if your assailant is known to you, such as a spouse, partner or acquaintance. The order is available to victims of sexual assault regardless of the relationship to the abuser. However, a full name and address of the respondent (person that committed the act) must be submitted upon application in order to serve the respondent with a notice of the order. If the crime occurred in Knox County, you can apply for an Order of Protection at Safe Haven Center. If the crime occurred in another county, a Safe Haven Advocate can assist you in filing in that county's civil courts. Please contact an advocate for more details.