2015 Wisconsin
Act 351 – Victim Accompaniment Law: Form now available
Effective August 1, 2016, 2015 Wisconsin Act 351 created a new statutory section, Wis. Stat. § 50.378 granting victims of sexual assault, human trafficking involving a commercial sex act, or child sexual abuse the right to be accompanied by a victim advocate during hospital examinations and consultations. The Act, also known as the Victim Accompaniment Law, impacts hospitals, law enforcement, and judicial proceedings. As directed by Wis. Stat. § 50.378 (4) (b), the Department of Health Services and the Department of Justice are developing guidelines for hospitals to help implement the Victim Accompaniment Law. The guidelines will be available soon.
Wis. Stat. § 50.378 (4) (c) directs the Department of Health Services to prescribe a form to be used by hospitals that provide emergency services to victims of sexual assault, human trafficking, or child sexual abuse to provide notification to victims and, if a victim is a minor who is at least 10 years of age, the victim's parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate under sub. (2). The Patient Rights for Victims of Sexual Assault, Human Trafficking Involving a Commercial Sex Act, or Child Sexual Abuse, F-01805, form addresses both the rights of hospital patients to receive services and information identified in the Victim Accompaniment Law, and information pertaining to emergency contraception as required by Wis. Stat. § 50.375 (which was effective March 28, 2008). The hospital may use this form to notify the victim and/or his or her parent, guardian or legal custodian of the right to an advocate.
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