Victim’s Legal Rights

Free Forensic Medical Exam

A victim shall have the right to a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime.

The Georgia Crime Victims Compensation Program (CVCP) should be billed directly for all expenses relating to a forensic medical examination [i.e. lab work, emergency room fees, physician’s fees, SANE fees, all clinical fees associated with the exam, sexually transmitted infections (STIs) testing, etc.] Neither the victim nor any collateral sources, (e.g. insurance), may be billed for a forensic medical examination.

For more information refer to O.C.G.A § 17-5-72

Right to Refuse a Polygraph Examination

No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or any other truth-telling device as a condition precedent to investigating such alleged crime.

The refusal of a victim to submit to a polygraph examination or any other truth-telling device shall not prevent an investigation or prosecution of any sexual assault.

For more information refer to O.C.G.A § 17-5-73