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In New York State, you can report a sexual assault to law enforcement, but you do not have to report to receive medical care or a forensic exam. You can also choose whether to release collected evidence to law enforcement. If you are unsure what you want to do, an advocate or medical provider can explain your options without deciding for you.

If you are in immediate danger or need urgent medical attention, seek emergency help or go to an emergency department. This guide covers New York State; local contacts and procedures can vary.

Do you have to report a sexual assault to the police?

No. In New York, an adult survivor can seek medical care and a forensic exam without first making a police report. Getting an exam does not automatically start a police investigation, and you can decide whether to release collected evidence to law enforcement.

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A medical provider generally cannot report a sexual assault without an adult patient’s consent. There are limited mandatory-reporting exceptions, including certain serious injuries such as firearm wounds and wounds likely to result in death inflicted by a sharp instrument. Confidentiality is not absolute in every situation, so ask the provider what reporting duties may apply to you.

Can you get a forensic exam without reporting?

Yes. A forensic rape exam, also called a forensic medical examination, can address health needs and collect evidence that may be useful if you choose to report later. It is usually performed by a trained clinician, such as a Sexual Assault Nurse Examiner where one is available.

What the exam may involve

Depending on your consent and clinical needs, the clinician may ask about your medical history, examine and document injuries, collect samples or clothing, and offer treatment to prevent pregnancy or sexually transmitted infections. You may refuse any part of the exam or stop it at any time.

If you have already showered or changed

New York advises avoiding bathing, cleaning, changing clothes, or using the bathroom before an exam if possible. If you have already done any of those things, you can still seek care. A clinician can discuss your health needs, explain your choices, and collect any evidence that remains. You are not responsible for preserving evidence before getting help.

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Who pays for the exam?

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; you do not have to report to police to receive medical care.

What happens to the kit if you are not ready to report?

If you do not release the kit to law enforcement, OVS stores the kit and other potential evidence under state procedures. 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 get information about your particular kit and how to authorize a later release.

New York has enacted additional rules for recording, retrieving, and tracking kits, but some statutory provisions have future effective dates. Do not assume every tracking feature is available at every facility now. For your kit, contact the hospital or the person named on the rights information you receive.

How do you make a report?

You can contact the law enforcement agency with jurisdiction over where the assault occurred. If you are unsure which agency to call, ask a hospital or advocate to help identify the right contact. Reporting is your choice; you can also seek medical care first and make a decision about reporting later.

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Before a law enforcement interview, you must be given the New York Sexual Assault Victim Bill of Rights and offered an explanation. The rights include choosing whether to report, choosing whether an advocate accompanies you, and receiving contact information for the agency handling your case.

Questions to ask before or during an interview

  • Can I have an advocate with me?
  • Who is the contact for my case, and how can I reach them?
  • How can I ask about evidence-kit processing or status?
  • What information can you share about the investigation and any legal proceedings?
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What happens after you make a report?

Law enforcement may investigate and coordinate with a prosecutor. You can ask the named agency contact for information 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 give survivors that person’s contact information.

You may use that contact to ask about kit processing or status. There are statutory limits on information that may be shared, including a documented investigative reason to temporarily delay particular DNA-match information. An interview, arrest, charges, prosecution, DNA match, or particular case outcome is not guaranteed.

How can you get an advocate or other support?

New York State’s confidential Domestic and Sexual Violence Hotline is available 24/7. Call 800-942-6906, text 844-997-2121, or find its online chat through opdv.ny.gov. An advocate can help you consider medical and reporting options, and local rape crisis programs may offer advocacy. You may choose whether an advocate accompanies you during a law enforcement interview.

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OVS also accepts compensation applications for eligible unrecovered losses. Eligibility and covered costs depend on the case. A local victim-assistance program may help with an application; contact OVS for current requirements and documentation.

Choosing between reporting now and waiting

Option What it can mean What to consider
Report now and consent to release evidence Law enforcement can investigate with the evidence. You can receive agency contact information and ask for case updates. Your comfort with police involvement now, whether you want an advocate during an interview, and how to ask about evidence handling and updates.
Get care and have evidence collected without reporting now You can receive medical care and have an unreported kit stored under state procedures while you decide whether to report later. Your need for medical attention, privacy and control over timing, and how to ask about storage and later release.

You may also decline an exam or any part of it. Neither route is the right choice for everyone; you can ask a provider or advocate to explain the options available to you.

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