SB 5295
In CommitteeSenate
Sexual assault/rights
Updating Washington's sexual assault survivor bill of rights.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill updates Washington’s Sexual Assault Survivor Bill of Rights to strengthen access to services, advocacy, and information for survivors throughout the criminal justice process — including during medical exams, police interviews, and court proceedings — and to improve eligibility for federal grant funding. It adds new rights around kit preservation, advocate access, and minor-specific protections, while clarifying that survivors retain rights even if they choose not to participate in prosecution.
- Survivors have the right to a no-cost medical forensic examination and must receive written notice of this right and eligibility for crime victim compensation.
- Survivors must be referred to accredited community sexual assault programs or, for minors, to services under the county child sexual abuse investigation protocol (e.g., children’s advocacy centers) both at medical facilities and when reporting to law enforcement.
- Survivors have the right to consult with a sexual assault survivor’s advocate during medical exams, police interviews, and court proceedings (except while testifying in trial), and agencies must facilitate advocate access.
- Survivors can request extended preservation of their sexual assault kit at no charge and must receive written notice 60 days before the kit is destroyed.
- Survivors have the right to receive a free copy of the police report, review their statement before case referral, and get timely updates and response timeframes on case status.
- Survivors who are minors gain additional rights: prosecutors must consider their requests for remote video testimony, and courts must consider measures to enhance their security and safety in the courtroom.
- Survivors retain all rights regardless of whether they participate in the criminal justice system or undergo a forensic exam.
- Survivors denied rights may file a petition in superior court to enforce compliance — the only remedy available is an order directing compliance.
Who is affected
- Sexual assault survivors — Survivors of sexual assault gain stronger access to services, advocacy, and information throughout the criminal justice process, including during medical exams, police interviews, and court proceedings.
- Minor survivors of sexual assault — Minors who are survivors of sexual assault gain additional protections, including having prosecutors consider remote testimony options and courts considering safety measures in the courtroom.
- Law enforcement, prosecutors, courts, and medical facilities — Law enforcement agencies, prosecutors, courts, and medical facilities must ensure survivors have access to advocates, interpreters, and timely updates — and must facilitate advocate access to facilities.
- Survivors involved in cases with sexual assault evidence kits — Survivors whose cases involve sexual assault kits gain new rights to request extended preservation of kits and receive advance notice before kits are destroyed.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Guarantees no-cost medical forensic exams and written notice of eligibility for crime victim compensation — directly reduces financial barriers to care for survivors, especially low-income individuals, and improves access to critical medical and emotional support during a traumatic time.
HealthcarePeopleRef: Sec. 1(1)(a), (b)Mandates referrals to accredited community sexual assault programs and guaranteed advocate access during exams, interviews, and court — significantly improves survivor agency, reduces retraumatization, and increases continuity of care, with strong evidence from pilot programs showing improved cooperation and healing.
Public SafetyPeopleRef: Sec. 1(1)(c), (d)Grants survivors rights to timely updates, police reports, and response timeframes — enhances transparency, reduces uncertainty and anxiety, and helps survivors regain a sense of control in a process that often leaves them feeling powerless and excluded.
Public SafetyPeopleRef: Sec. 1(1)(f), (i), (k), (l)Expands interpreter access and mandates special protections for minor survivors (e.g., remote testimony, courtroom safety measures) — directly supports vulnerable populations, reduces barriers for non-English speakers, and aligns with best practices for child-friendly court procedures.
Public SafetyPeopleRef: Sec. 1(1)(m), (n)Provides survivors with a direct, expedited court remedy to enforce their rights — strengthens due process, deters institutional neglect, and affirms survivor dignity by recognizing their legal personhood in the justice system.
Rights & LibertiesPeopleRef: Sec. 1(3)
Potential Concerns (5)
Mandates that law enforcement, prosecutors, courts, and medical facilities provide sexual assault survivor advocates during interviews and proceedings — including to survivors who may be incapacitated or represented by others — increases procedural complexity and resource demands on already-stretched criminal justice agencies, potentially slowing case processing and increasing administrative burden on frontline staff.
Public SafetyPeopleRef: Sec. 1(1)(d), (m), (5)(b)Requires extended preservation and advance notice for sexual assault kits upon survivor request — a policy that, while critical for justice, imposes new storage, inventory, and notification obligations on local law enforcement and crime labs, with no specified state funding to offset costs.
Local GovernmentPeopleRef: Sec. 1(1)(g), (h)Requires medical facilities, law enforcement, and courts to coordinate with and facilitate access for advocates — potentially increasing coordination costs, scheduling delays, and administrative overhead for public and nonprofit providers, especially in rural or under-resourced jurisdictions.
Business & EmploymentPeopleRef: Sec. 1(1)(c), (d), (m)Creates a new private right of action in superior court to enforce survivor rights — while empowering survivors, this could increase litigation risk and defensive behavior among agencies, potentially diverting resources toward legal compliance rather than direct service delivery.
Public SafetyLean peopleRef: Sec. 1(3)Clarifies that survivors retain rights regardless of participation in prosecution — a principled expansion, but may complicate case management for prosecutors and law enforcement when survivors decline to engage, requiring additional documentation and outreach efforts.
Public SafetyLean peopleRef: Sec. 1(2), (4)
Who Is Most Affected
Survivors gain direct, enforceable rights to advocacy, information, and care — significantly improving access to trauma-informed support and reducing systemic barriers to justice. Most benefit from reduced financial and emotional burden.
Minor survivors gain tailored protections (e.g., remote testimony, safety accommodations) that reduce trauma and increase participation — though implementation depends on local resources and judicial willingness to accommodate requests.
Law enforcement, prosecutors, courts, and medical facilities face new mandates to coordinate with advocates and provide timely updates — increasing administrative and staffing demands, especially in under-resourced jurisdictions, but may improve public trust and case outcomes.
Survivors with kits may benefit from extended preservation and advance notice — critical for future prosecution or exoneration, but requires new tracking and storage protocols that strain local evidence management systems without dedicated funding.
Community-based sexual assault programs and children’s advocacy centers are positioned to receive more referrals and provide expanded services — potentially increasing demand for staffing and training, though the bill does not guarantee new funding to meet that demand.