FAQs on the First 24 Hours After Sexual Assault: Forensic Exams & Your Rights
At The Law Office of Scott R. Herndon in Berkeley, California, we understand that the period immediately following a sexual assault is fraught with immense trauma and urgent decisions. This critical time, particularly the first 24 hours, often dictates the availability of critical evidence and access to vital support. This page is dedicated to empowering survivors and their families throughout California, including the Bay Area (Berkeley, San Francisco, and Palo Alto), Hollywood and Los Angeles, Napa, Santa Barbara and Sacramento, by providing clear, essential information regarding medical and forensic examinations after a sexual assault. While we recognize the invaluable role of immediate medical care, we also emphasize the profound human impact of compassionate patient advocacy, a perspective central to our firm’s human-centered legal work. We believe that understanding your rights and available resources (like SANE nurses and PERK kits), is a critical first step towards healing and justice. This guide draws upon leading research to illuminate your path toward safe and compassionate care.
FAQs on Medical and Forensic Examinations in the First 24 Hours After a Sexual Assault
The purpose of this page is to provide information for survivors of sexual assault and their families within the first 24 hours of a traumatic event. While this essay does not constitute legal or medical advice, it draws its information from an important study, “Sexual Assault and Forensic Exam Offers in the Emergency Department,” by Dr. Kirsten Walton et al, in the Western Journal of Emergency Medicine (Jan 2026).
Approximately 21% of victims of sexual violence seek acute medical care, with over 55,000 Emergency Department (ED) visits in the US annually (Vogt et al, 2022; Basile et al, 2021). These ED visits are regulated by federal, state, and local laws, including the Survivor’s Bill of Rights Act (2017), which establish the right to:
- Not be prevented from receiving a forensic medical examination and not be charged for that examination
- Maintain a sexual assault evidence collection kit (known as a ‘PERK’ or Physical Evidence Recovery Kit, or a Rape Kit) to every patient who reports sexual assault
- Preserve the kit for 20 years or the maximum applicable statute of limitations, whichever is shorter
- Receive written notification prior to destruction or disposal of a rape kit, and
- Be informed of these rights and policies.
What is the Standard of Care for the Services Offered by Emergency Departments?
EDs are expected to provide comprehensive services for important medical and behavioral care on behalf of patients who seek acute medical care. According to Walton and her colleagues:
“The standard of care includes sexually transmitted disease prevention, emergency contraception, injury identification and treatment, and trauma-informed care practices to reduce the acute and long-term psychological impact of sexual violence.”
What is a Patient Advocate or a SANE?
As part of this standard of care, many EDs in California also provide patient advocates and Sexual Assault Nurse Examiners (SANE), who can offer acute crisis intervention at the first ED visit and/or long-term advocacy and connections to community resources for the survivor. These advocates are essential resources for survivors, who have been shown to establish a compassionate attitude, provide clear explanations, and empower individual agency for victims of sexual assault (Chalmers at al, 2023; Walton et al 2026).
Why are SANEs so important?
The presence of SANEs ensures that the survivor is not doubly traumatized in her experience at the hospital—first by the assault, and second, by staff that may not be trained in acute care for sexual assault survivors, or who lack the resources to attend to the complexities of this care.
Studies have shown that ED staff in departments lacking SANEs “have been observed to convey skepticism of the victims in 53.2% of visits and blame them for the circumstances of assault in 28.4% of visits (Chalmers et al, 2023).
As such, in the first 24 hours after a sexual assault, it is important that survivors are treated at EDs with SANE and patient advocate resources.
How do I find an ED which provides SANE services?
Thankfully, California has many hospitals and EDs equipped with SANE services, especially in the Berkeley (where our office is located), Silicon Valley, Hollywood and Los Angeles, Napa, and Sacramento. An internet search and phone call prior to your visit will ensure these resources are available.
The National Rape, Abuse and Incest National Network (RAINN) provides information on independent sexual assault service providers (https://centers.rainn.org). Their phone number is (800) 656-HOPE (4673).
Another excellent resource for survivors is the National Sexual Violence Resource Center (https://www.nsvrc.org/find-help) and RALIANCE.org (https://www.raliance.org/rape-crisis-centers), which provide access to local service providers, information for families, and detailed guidelines for equitable, respectful, and safe environments for care.
Your Advocate After Sexual Assault: Navigating Legal and Medical Paths in California
At The Law Office of Scott R. Herndon, we stand with survivors throughout California, from Berkeley to San Diego, ensuring you are informed, empowered, and never alone. Understanding your rights regarding forensic exams (PERK kits), the crucial role of SANE nurses in Emergency Departments, and the importance of trauma-informed care is essential. PhD trial lawyer Scott Herndon’s approach extends beyond the courtroom, advocating for your comprehensive well-being. If you or a loved one has experienced sexual assault, reaching out for support and legal guidance is a courageous and important step towards healing. Contact us for a confidential conversation.
