An Act to Ensure the Rights of Survivors of Sexual Assault
Maine Legislature, Session 131, LD 1362
Committee: Criminal Justice and Public Safety
Sponsors: GRAMLICH, BAILEY, CLOUTIER, KUHN, RECKITT, SHEEHAN, STOVER, TALBOT ROSS, TERRY, BRENNER

Legislative Document
No. 1362
H.P. 876
House of Representatives, March 28, 2023
An Act to Ensure the Rights of Survivors of Sexual Assault
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BAILEY of York and
Representatives: CLOUTIER of Lewiston, KUHN of Falmouth, RECKITT of South Portland, 
SHEEHAN of Biddeford, STOVER of Boothbay, Speaker TALBOT ROSS of Portland, 
TERRY of Gorham, Senator: BRENNER of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 521 is enacted to read:
CHAPTER 521
RIGHTS OF SEXUAL ASSAULT SURVIVORS
§6201.  Definitions
For the purposes of this chapter, the following terms have the following meanings.
1.  Law enforcement officer.  “Law enforcement officer” has the same meaning as in 
Title 25, section 2801 A, subsection 5.
2.  Sexual assault counselor.  “Sexual assault counselor” has the same meaning as in 
Title 16, section 53-A, subsection 1, paragraph B.
3.  Sexual assault survivor.  “Sexual assault survivor” or “survivor” means:
A.  An adult who is a victim of a crime described in:
(1)  Title 17-A, chapter 11;
(2)  Title 17-A, section 511-A; or
(3)  Title 17-A, section 852 or 853; or
B.  A minor who is a victim of a crime described in:
(1)  Title 17-A, chapter 11;
(2)  Title 17-A, section 511-A;
(3)  Title 17-A, section 852 or 853; or
(4)  Title 17-A, section 282 or 283.
§6202.  Right to a sexual assault counselor and a support person
A survivor has the right to consult with a sexual assault counselor during any physical 
examination and has the right to have a sexual assault counselor or support person of the 
survivor’s choosing present during any interview by a law enforcement officer, prosecutor 
or defense attorney. A survivor retains this right even if the survivor has waived the right 
in a previous examination or interview.
§6203.  Prohibition on use of evidence gathered during sexual assault forensic 
examination
Evidence gathered during a sexual assault forensic examination may not be used to 
prosecute a survivor for any Class D or Class E crime or for any crime under Title 17-A, 
chapter 45, and evidence gathered during a sexual assault forensic examination may not be 
used as a basis to search for further evidence of any unrelated Class D or Class E crime or 
for any crime under Title 17-A, chapter 45 that may have been committed by the survivor.
SUMMARY
This bill specifies that a sexual assault survivor has the right to consult with a sexual 
assault counselor during any physical examination and has the right to have a sexual assault 
counselor or support person of the survivor’s choosing present during any interview by a 
law enforcement officer, prosecutor or defense attorney. A survivor retains this right even 
if the survivor has waived the right in a previous examination or interview. The bill also 
prohibits evidence gathered during a sexual assault forensic examination from being used 
to prosecute a survivor for any Class D or Class E crime or for any crime under the Maine 
Revised Statutes, Title 17-A, chapter 45. Evidence gathered during a sexual assault forensic 
examination may also not be used as a basis to search for further evidence of any unrelated 
Class D or Class E crime or for any crime under Title 17-A, chapter 45 that may have been 
committed by the survivor.