South Dakota Sexual Assault Exam Information and Resources
South Dakota Sexual Assault Exams – What You Should Know
A Sexual Assault Kit (also called a forensic exam or “rape kit”) is a set of swabs, slides, envelopes, instructions, and forms used to collect and preserve physical evidence after a sexual assault. This evidence can be used in a criminal investigation if and when a survivor chooses to report. The exam is always free, confidential, and designed to keep your options open.
- When should I have an exam?
The sooner you have an exam, the better. Exams are most effective within 6 hours of the assault, but a kit can still be completed up to 120 hours (5 days) afterward. Even if you are unsure about reporting, having the exam done early helps preserve your options. - Who pays for the exam?
By South Dakota law, the exam is paid for by the county in which the assault occurred. There is no cost to you. (SDCL 22-22-26) - Do I have to decide about reporting right away?
No. You do not have to report to law enforcement at the time of the exam. You may choose to complete an anonymous “Jane Doe” kit to preserve evidence without making a report. You can decide later whether to release the kit for investigation. - What if I am under 18?
Medical staff cannot force a minor to make a report. However, mandatory reporting laws require medical providers to notify law enforcement, the State’s Attorney, or the Department of Social Services as required by state law. Anonymous kits are not available for minors. - If you consent to notify law enforcement
The health care facility notifies law enforcement, and law enforcement has 72 hours to retrieve the kit. - If you do not consent to notify law enforcement
Your kit remains anonymous and must be stored for at least 7 years or until you reach age 25, whichever is longer. The kit will be stored anonymously with law enforcement. Storage policies must protect your privacy and clearly explain how long your kit will be held, how you can request release to law enforcement later, and who to contact with questions. - If you later release your kit to law enforcement
Law enforcement has 14 days to send the kit for analysis. - Once the kit reaches the lab
The lab has 90 days to process the kit.
This document was created by the South Dakota Network Against Family Violence and Sexual Assault and updated May 2025.
This project was supported by Grant Number 15JOVW-22-GG-01837-ICJR awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed are those of the author and do not necessarily reflect the views of the U.S. Department of Justice.