In New York State, you can report a sexual assault to law enforcement, but you do not have to report it to get medical care or a forensic exam. You can also choose whether collected evidence is released to law enforcement. If you are unsure what to do, an advocate can help you understand the options without deciding for you.
If you need help now
If you are in immediate danger or need urgent medical attention, seek emergency help or go to an emergency department. For confidential support anywhere in New York State, the Domestic and Sexual Violence Hotline is available 24/7:
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- Call 800-942-6906.
- Text 844-997-2121.
- Use the online chat available through the New York State Office for the Prevention of Domestic Violence (OPDV) website.
An advocate can help you consider medical care, reporting, and support options. You do not have to make every decision at once.
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Do you have to report to get medical care or a forensic exam?
No. In New York State, you can seek medical care and have a forensic exam without first reporting to police. A forensic exam can address health needs and collect evidence that may be useful if you decide to report later. Having an exam does not automatically start a police investigation.
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You can choose whether to release collected evidence to law enforcement. You may also decline an exam or refuse any part of it. A clinician must let you know that you can stop the exam at any time.
For an adult patient, a medical provider generally cannot report a sexual assault to law enforcement without the patient’s consent. There are limited mandatory-reporting exceptions for certain serious injuries, including firearm wounds and wounds likely to result in death inflicted by a sharp instrument. Ask the provider what reporting duties apply in your circumstances; confidentiality is not absolute in every situation.
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What happens during a forensic exam?
A forensic rape exam, also called a forensic medical examination, is performed by a trained clinician. Where available, that may be a Sexual Assault Nurse Examiner (SANE). Depending on your consent and medical needs, the visit may include:
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- Discussing your medical history and immediate health concerns.
- Examining and documenting injuries.
- Collecting samples or clothing that you agree to provide.
- Offering treatment to help prevent pregnancy or sexually transmitted infections.
You can refuse any component or stop the exam. You do not have to agree to every evidence-collection step to receive care.
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If possible, New York advises avoiding bathing, cleaning, changing clothes, or using the bathroom before an exam because those actions may affect potential evidence. If you have already done any of them, you can still seek an exam. A clinician can address your health needs, explain what options remain, and collect evidence that is still available.
The New York State Office of Victim Services (OVS) reimburses qualified providers for forensic exams when a survivor lacks private insurance or chooses not to use it. Ask the provider about billing choices and the current OVS process; police reporting is not required to receive medical care.
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Which path can you choose?
Both options below can include medical attention. You can also decline an exam or any part of it.
| Choice | What it can mean | Questions to consider |
|---|---|---|
| Report now and consent to release evidence | Law enforcement can investigate using the report and any evidence released. You can ask for agency contact details and request information about the case. | Would you like an advocate during an interview? What would help you feel informed about evidence handling and updates? |
| Get care and evidence collection without reporting now | You can receive medical care and have an unreported kit stored under state procedures while you decide whether to report. | Would you prefer to decide about police involvement later? Ask how the kit is stored and how to authorize a later release. |
How to make a report
- Contact law enforcement with jurisdiction. You may contact the police or other law enforcement agency responsible for the location. If you are unsure which agency to call, a hospital or advocate may help identify the appropriate contact.
- Ask for your rights information. Before a law enforcement interview, you must be given the New York Sexual Assault Victim Bill of Rights and offered an explanation. It covers choices including whether to report, whether to have an advocate accompany you, and how to get contact information for the agency handling the case.
- Ask for an advocate if you want one. Local rape crisis programs may provide advocacy. You can choose whether an advocate accompanies you during an interview.
- Ask who will handle your questions. Request the name and contact information for the agency handling the case, and ask whom to contact about evidence-kit processing or status.
- Share what you choose. You can ask about the interview process and take time to understand your options. Reporting does not guarantee an arrest, charges, prosecution, or a particular investigative result.
What may happen after you report?
Law enforcement may investigate and coordinate with a prosecutor. The steps and outcome depend on the circumstances and evidence in the particular case; an interview, arrest, charges, or prosecution are not guaranteed.
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- SLEEK, SIMPLE, RELIABLE – Birdie’s modern design makes it effortless to use in any situation. Just pull the top ring to activate the alarm, and reinsert the pin to deactivate. This personal safety device is reusable, ensuring you always have protection on hand. Birdie is a long-lasting safety companion that’s always ready when you are.
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You can use the contact information provided by the agency to ask about the investigation and legal proceedings. New York law requires law enforcement and prosecutorial agencies to designate at least one trained person to receive victim inquiries about evidence kits and provide contact information. That contact can answer questions about processing or status, subject to statutory limits. In some circumstances, release of particular DNA-match information may be temporarily delayed for a documented investigative reason.
What happens to a kit if you are not ready to report?
If you do not release a kit to law enforcement, OVS stores the kit and other potential evidence. State guidance describes a 20-year storage period from the date of collection, giving you time to decide whether to report. Ask the hospital or OVS how to find out about your kit and how to authorize a later release.
New York has enacted additional rules on evidence-kit recording, retrieval, and status information, and the state has been developing a statewide tracking process. Some statutory provisions have future effective dates, so tracking features and procedures may not be available in the same way at every facility. For a particular kit, contact the hospital and the person named in your rights information.
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In addition to the statewide hotline, local rape crisis programs may offer advocacy. An advocate can help you understand options and may accompany you during a law enforcement interview if you choose.
OVS accepts compensation applications for eligible unrecovered losses. Eligibility and covered costs depend on the case. A local victim-assistance program may be able to help with an application; check with OVS about current requirements and documentation.
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