wa-law.org > bill > 2025-26 > SB 6017 > Original Bill
The legislature finds that over 500,000 women in the United States are at risk of or have undergone female genital mutilation, including 25,000 women and girls in Washington state. The legislature further finds that the Seattle-Tacoma-Bellevue metro is among the five highest rates of impacted and at-risk communities in the United States, making addressing female genital mutilation and other sexual violence critical.
It is the intent of the legislature to expand the rights of survivors of sexual assault to survivors of all acts of sexual violence, including female genital mutilation. The legislature further intends to extend the life cycle of the SAFE advisory group and expand its duties to include researching and making recommendations on trauma-informed, culturally sensitive policies to prevent and address female genital mutilation and other acts of sexual violence.
In any case involving sexual assault or domestic violence in which the defendant is proceeding pro se, at the request of the prosecutor or plaintiff, the court may appoint a representative of the pro se defendant solely for the purpose of conducting the direct questioning of the victim or survivor during trial preparation and at trial.
The court-appointed representative may ask only those questions submitted by the pro se defendant. The court will permit reasonable recesses to allow the pro se defendant to submit written follow-up questions to the court-appointed representative, ensuring the defendant retains full rights to examination of the witness.
Any minor age 13 years or older may consent to a forensic examination conducted for the purposes of gathering evidence for possible prosecution for domestic violence assault involving nonfatal strangulation.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.
"Core services" means those services that are victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
"Department" means the department of commerce.
"Female genital mutilation" has the same meaning as in RCW 9A.36.175.
"Law enforcement agencies" means police and sheriff's departments and tribal law enforcement departments or agencies of this state.
"Personal representative" means a friend, relative, attorney, or employee or volunteer from a community sexual assault program or specialized treatment service provider.
"Services for underserved populations" means culturally relevant victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
"Sexual assault" means one or more of the following:
Rape or rape of a child;
Assault with intent to commit rape or rape of a child;
Incest or indecent liberties;
Child molestation;
Sexual misconduct with a minor;
Custodial sexual misconduct;
Crimes with a sexual motivation;
Sexual exploitation or commercial sex abuse of a minor;
An attempt to commit any of the aforementioned offenses.
"Specialized services" means those services intended to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
"Victim" means any person who suffers physical, emotional, financial, and psychological impact as a proximate result of a sexual assault.
In addition to all other rights provided in law, a sexual violence survivor has the right to:
Receive a medical forensic examination at no cost;
Receive written notice of the right under (a) of this subsection and that he or she may be eligible for other benefits under the crime victim compensation program, through a form developed by the office of crime victims advocacy, from the medical facility providing the survivor medical treatment relating to the sexual assault;
Receive a referral to an accredited community sexual assault program or, in the case of a survivor who is a minor, receive a connection to services in accordance with the county child sexual abuse investigation protocol under RCW 26.44.180, which may include a referral to a children's advocacy center, when presenting at a medical facility for medical treatment relating to the assault and also when reporting the assault to a law enforcement officer;
Consult with a sexual violence survivor's advocate throughout the investigatory process and prosecution of the survivor's case, including during: Any medical evidentiary examination at a medical facility; any interview by law enforcement officers, prosecuting attorneys, or defense attorneys; and court proceedings, except while providing testimony in a criminal trial, in which case the advocate may be present in the courtroom. Medical facilities, law enforcement officers, prosecuting attorneys, defense attorneys, courts and other applicable criminal justice agencies, including correctional facilities, are responsible for providing advocates access to facilities where necessary to fulfill the requirements under this subsection. The right in this subsection applies regardless of whether a survivor has waived the right in a previous examination or interview;
Be informed in writing of policies governing the collection and preservation of a sexual assault kit;
Be informed, upon the request of a survivor, of when the forensic analysis of his or her sexual assault kit and other related physical evidence will be or was completed, the results of the forensic analysis, and whether the analysis yielded a DNA profile and match, provided that the disclosure is made at an appropriate time so as to not impede or compromise an ongoing investigation;
Upon written request of a survivor, be granted further preservation of his or her sexual assault kit or its probative contents, without charge;
Upon written request of a survivor, receive written notification from the appropriate official with custody of his or her sexual assault kit not later than 60 days before the date of the intended destruction or disposal of his or her sexual assault kit;
Review his or her statement before law enforcement refers a case to the prosecuting attorney;
Receive timely notifications from the law enforcement agency and prosecuting attorney as to the status of the investigation and any related prosecution of the survivor's case;
Be informed by the law enforcement agency and prosecuting attorney as to the expected and appropriate time frames for receiving responses to the survivor's inquiries regarding the status of the investigation and any related prosecution of the survivor's case; and further, receive responses to the survivor's inquiries in a manner consistent with those time frames;
Access interpreter services where necessary to facilitate communication throughout the investigatory process and prosecution of the survivor's case; and
Where the sexual violence survivor is a minor, have:
The prosecutor consider and discuss the survivor's requests for remote video testimony under RCW 9A.44.150 when appropriate; and
The court consider requests from the prosecutor for safeguarding the survivor's feelings of security and safety in the courtroom in order to facilitate the survivor's testimony and participation in the criminal justice process.
A sexual violence survivor retains all the rights of this section regardless of whether the survivor agrees to participate in the criminal justice system and regardless of whether the survivor agrees to receive a forensic examination to collect evidence.
If a survivor is denied any right enumerated in subsection (1) of this section, he or she may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the sexual assault occurred and providing notice of such petition to the relevant party or parties. Compliance with the right is the sole remedy available to the survivor. The court shall expedite consideration of a petition filed under this subsection.
Nothing contained in this section may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding. Except in the circumstances as provided in subsection (3) of this section, this section does not grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to protect or adhere to the rights enumerated in this section may not result in civil liability against that person. This section does not limit other civil remedies or defenses of the sexual violence survivor or the offender.
For the purposes of this section:
"Law enforcement officer" means a general authority Washington peace officer, as defined in RCW 10.93.020, or any person employed by a private police agency at a public school as described in RCW 28A.150.010 or an institution of higher education, as defined in RCW 28B.10.016.
"Sexual violence survivor" means any person who is a victim, as defined in RCW 7.69.020, of sexual assault or female genital mutilation. However, if a victim is incapacitated, deceased, or a minor, sexual violence survivor also includes any lawful representative of the victim, including a parent, guardian, spouse, or other designated representative, unless the person is an alleged perpetrator or suspect.
"Sexual violence survivor's advocate" means any person who is defined in RCW 5.60.060 as a sexual assault advocate, or a crime victim advocate.
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The SAFE advisory group is established within the office of the attorney general for the purpose of recommending actionable, trauma-informed, victim-centered policies related to preventing and addressing sexual violence.
The caucus leaders from the senate shall appoint one member from each of the two largest caucuses of the senate.
The caucus leaders from the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
The attorney general, in consultation with the legislative members of the advisory group, shall appoint:
(A) One member representing each of the following:
(I) The Washington state patrol;
(II) The Washington association of sheriffs and police chiefs;
(III) The Washington association of prosecuting attorneys;
(IV) The Washington defender association or the Washington association of criminal defense lawyers;
(V) The Washington association of cities;
(VI) The Washington association of county officials or the Washington state association of counties;
(VII) The designated statewide sexual assault coalition;
(VIII) The office of crime victims advocacy;
(IX) The Washington state hospital association;
(X) The office of the attorney general; and
(XI) The criminal justice training commission;
(B) Three members representing survivors of sexual violence;
(C) One member who is a sexual assault forensic examiner;
(D) Two members who are law enforcement officers, one from a rural area and one from an urban area of the state;
(E) One member who is a prosecuting attorney serving in a county in a rural area of the state; and
(F) Two members who are community-based advocates, one from a rural area and one from an urban area of the state.
b. When appointing members under (a)(iii)(D) of this subsection, the office of the attorney general shall solicit recommendations from statewide labor organizations representing law enforcement officers.
The duties of the advisory group include, but are not limited to:
Researching and advancing best practice models both in state and from other states for collaborative responses to victims of sexual violence related to accessing medical forensic examinations and community-based support services, enhancing investigation and prosecution of a case, and providing recommendations regarding any existing gaps in Washington and resources that may be necessary to address those gaps;
Researching and making recommendations on opportunities to increase access to, and availability of, critical sexual assault forensic examiner services and enhancing statewide coordination of forensic services;
Monitoring the testing , supply chain, and distribution of sexual assault and nonfatal strangulation evidence collection kits;
Monitoring implementation of state and federal legislative changes;
Collaborating with the legislature, state agencies, medical facilities, and local governments to implement reforms ; and
Making recommendations for institutional reforms necessary to prevent sexual violence and improve the experiences of survivors in the criminal justice system, with special focus on, but not limited to, Black, indigenous, and other populations disproportionately impacted by sexual violence.
The office of the attorney general shall administer and provide staff support to the advisory group.
Legislative members of the advisory group must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
The advisory group must meet no less than twice annually.
The advisory group shall report its findings and recommendations to the appropriate committees of the legislature and the governor by December 15th of each year.
This section expires July 1, 2028.