South Carolina H 3038: Sexual Assault Survivors' Bill of Rights

Bill Text

2025-2026 Bill 3038 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3038

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
21 TO CHAPTER 3, TITLE 16 by ENACTing THE "SEXUAL ASSAULT SURVIVORS' BILL OF 
RIGHTS ACT."

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Sexual Assault Survivors' Bill of Rights."

SECTION 2. Chapter 3, Title 16 of the S.C. Code is amended by 
adding:

Article 21

Sexual Assault 
Survivors' Bill of Rights

 Section 
16-3-2310. For the purposes of this article, the 
term:

 (1) "Healthcare 
provider" means:

 (a) any 
of the following persons who are licensed, certified, or registered to perform 
specified health services consistent with state law: a physician, physician 
assistant, nurse, or advanced practice registered nurse; or

 (b) any 
other qualified person conducting a medical evidentiary or physical examination 
of the survivor.

 (2) "Sexual 
assault" means any violation of Article 7 involving criminal sexual conduct or 
sexual battery.

 (3) "Sexual 
assault forensic evidence" means any human biological specimen collected by a 
healthcare provider during a forensic medical examination from a reported 
survivor including, but not limited to, a toxicology kit.

 (4) "Sexual 
assault survivor" or "survivor" means any person who is a victim of sexual 
assault who reports the sexual assault to a healthcare provider, law 
enforcement, or a victim advocate, including anonymous reporting. "Sexual 
assault survivor" or "survivor" also includes, if the survivor is incompetent, 
deceased, or a minor who is unable to consent to counseling services, the 
parent, guardian, spouse, or any other person related to the survivor by 
consanguinity or affinity to the second degree or any other lawful 
representative of the survivor unless such person is the reported assailant.

 (5) 
"Victim advocate" means a "victim service provider," 
as defined in Section 16-3-1420, who speaks the survivor's preferred language 
or uses the services of a qualified interpreter.

 Section 16-3-2320. The rights provided in this article apply when a survivor 
is subject to or requested to undergo a medical evidentiary or physical 
examination or subject to or requested to participate in an interview or 
deposition by a law enforcement officer, solicitor, or defense attorney when 
such examination, interview, or deposition relates to or arises out of the 
sexual assault of such survivor and regardless of whether the survivor consents 
to the examination, interview, or deposition.

 Section 
16-3-2330. Notwithstanding another provision of law, 
any communication with a survivor which is privileged, whether by statute, 
court order, or common law, retains the privilege regardless of who is present 
during the communication so long as the survivor has some basis for privilege 
with respect to each person present and the communication is in the furtherance 
of assisting the survivor to overcome the sexual assault.

 Section 
16-3-2340. A person accused or convicted of a crime 
against a survivor does not have standing to object to any failure to comply 
with the provisions of this article, and the failure to provide a right or 
notice to a survivor pursuant to the provisions of this article may not be used 
by such person to seek to have his conviction or sentence set aside.

 Section 
16-3-2350. (A) A survivor has the right to consult with and have present a 
victim advocate of the survivor's choosing during a medical evidentiary or 
physical examination. The healthcare provider shall contact the victim advocate 
before beginning the medical evidentiary or physical examination unless 
declined by the survivor. If an advocate cannot appear in a timely manner, the 
healthcare provider shall inform the survivor of the potential impact of 
delaying the examination.

 (B) A 
survivor retains the right to consult with and have present a victim advocate 
at any time during any medical evidentiary or physical examination regardless 
of whether the survivor has previously waived such right.

 (C) A 
survivor has the right to a free forensic medical examination without regard to 
whether a survivor participates in the criminal justice system or cooperates 
with law enforcement.

 (D) A 
survivor has the right to shower at no cost after the medical evidentiary or 
physical examination unless showering facilities are not available.

 (E) A 
survivor has the right to anonymous reporting.

 Section 
16-3-2360. (A) A survivor has the right to consult with or have present a 
victim advocate or a representative of a victim service provider of the 
survivor's choosing during an interview or a deposition by a law en