What should I know about Rape Kits and my rights in the ER?
If you’ve experienced sexual assault, going to the emergency room can feel overwhelming — especially if you're unsure what to expect. You deserve care that is respectful, compassionate, and on your terms. Here’s what you should know about rape kits and your rights:
What is a rape kit?
A rape kit is a sexual assault forensic exam that collects physical evidence after an assault — like DNA, clothing fibers, or injuries. It can be used in a legal investigation if you choose to report the assault, but you do not have to report in order to have one done.
A trained nurse will typically perform the exam.
Timing matters.
Rape kits are most effective if done within 72–120 hours (3–5 days) of the assault, though this can vary based on the circumstances and your state. If you wait longer, you can still receive medical care, emergency contraception, and STI prevention, even if the kit isn’t an option anymore.
Even if you’ve already showered or changed clothes, you can still have the exam.
You have rights in the ER:
You have the right to say yes or no to any part of the exam.
You can stop the process at any time.
You do not have to file a police report to receive a rape kit in many states.
In some states, evidence can be collected and stored while you take time to decide if you want to report.
You can request a support person to be present during the exam.
You are entitled to medical care even if you decline a forensic exam.
Will it cost anything?
In many states, the cost of the rape kit and associated exam is covered by state victim funds, not billed to your insurance. That said, sometimes hospitals still try to charge for parts of care — so it’s okay to ask:
“Will I be billed for this? Is there a victim compensation fund that covers it?”
You can also ask for an advocate or social worker to help navigate the billing process.
You are not alone.
This is your body, your story, and your choice. Whether you want to pursue legal action or not, you deserve care that honors your autonomy and meets you with respect.
If you need help locating a hospital with a SANE provider or just want someone to talk to, contact:
National Sexual Assault Hotline: 1-800-656-HOPE
