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What Rights Do Sexual Assault Victims Have in Maryland?

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The State of Maryland provides certain special rights to victims of sexual assault crimes, including immediate transportation and free medical treatment. These special rights exist in addition to other legal privileges, such as attending court proceedings, giving statements in court, or asking for restitution. Before discussing specific details, however, it will be helpful to review which crimes qualify as sexual assault under Maryland law.

Sexual Assault Crimes

Under Maryland Code of Criminal Procedure Section 11-922, only certain crimes qualify as sexual assault. In this context, the term sexual assault refers to:

  • Rape in the first degree
  • Rape in the second degree
  • Sexual offense in the third degree
  • Sexual offense in the fourth degree
  • Attempted rape in the first degree
  • Attempted rape in the second degree
  • Sexual conduct with a person in custody
  • Continuing course of conduct against a child

Sexual assault victims have certain rights under Maryland law, as explained in the following sections.

Immediate Transportation for Medical Treatment

Under Maryland Code of Criminal Procedure Section 11-922, there is a transportation requirement for any law enforcement officer who receives a report of sexual assault. In these situations, the law enforcement officer must offer the alleged victim immediate transportation to a nearby medical facility for treatment.

Free Initial & Follow-Up Medical Treatment

Under Code of Maryland Regulations (COMAR) Section 10.12.02.05, health care providers must deliver free medical services to alleged victims of sexual assault crimes. These free medical services include:

  • Initial examination for evidence-gathering purposes;
  • Emergency hospital treatment, if needed; and
  • Follow-up medical testing for up to 90 days.

When a health care provider provides free services to an alleged victim of sexual assault, they do not send the victim a bill. Instead, the Maryland Department of Health provides reasonable reimbursement to the health care provider.

HIV Preventative Treatment

Under Maryland Code of Criminal Procedure Section 11-108, sexual assault victims can participate in a program designed to prevent further spread of the human immunodeficiency (HIV) virus. Under this section, sexual assault victims can receive initial and follow-up treatment for HIV. In certain cases, HIV treatment is free.

Contact Us Today for Help

If you were the victim of a sexual assault crime in Maryland, it can be decidedly helpful to consult with a seasoned personal injury lawyer. The Baltimore crime victim lawyers at Iamele & Iamele, LLP have numerous years of combined legal experience in the field of personal injury, including claims on behalf of crime victims. If you need legal help, contact us today for a free initial consultation.

https://www.iamelelawfirmbaltimore.com/what-is-the-difference-between-criminal-case-civil-lawsuit-for-maryland-crime-victims/

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