SANE Sexual Assault Exams in South Carolina: What They Are and When to Request One
October 2, 2025
Sexual assault is traumatic in many ways, and navigating what comes after – medical care, evidence collection, legal decisions – can feel overwhelming. One important tool survivors in South Carolina have is the SANE exam. Below, we explain what a SANE exam is under South Carolina law, why and when you might request one, what it involves, and how it ties into legal rights and obligations.
What is a SANE Exam?
SANE stands for Sexual Assault Nurse Examiner. These are registered nurses who have received specialized training to perform forensic medical exams for survivors of sexual assault. This includes physical assessments, documentation of injuries, collection of DNA and other forensic evidence, and provision of medical care (e.g. for infections, pregnancy prevention).
In South Carolina, the protocol for such exams is formalized. The S.C. Law Enforcement Division (SLED) has a Sexual Assault Examination Protocol that establishes minimum standards for medicolegal examinations following sexual assault or child sexual abuse. South Carolina Law Enforcement Division Sexual Assault Examination Protocol
The state law (Section 16-3-1350) requires that victims of criminal sexual conduct, in any degree, or child sexual abuse, be provided a routine medicolegal exam following the assault, at no cost to the victim. The S.C. law on evidentiary exams for victims of sexual assault
Exams must meet standards developed by SLED, the SC Hospital Association, the Office of the Attorney General, and the Victim Services Division. The exam must include treatment for sexually transmitted infections, medications for pregnancy prevention (if desired and appropriate), and collection of evidence. South Carolina Attorney General’s Office
If you or someone you love has been impacted by sexual assault, you don’t have to face the legal system alone. At Kaiser Law, we provide compassionate, confidential guidance to help you understand your rights and options. Call us today for a free, private consultation.
When and Why to Request a SANE Exam
Requesting a SANE exam is appropriate in many circumstances. The following are examples (non-exhaustive) of when a survivor should consider one:
Immediately after the assault, especially if you believe evidence could be preserved (DNA, injuries, etc.).
Even if you are unsure about reporting to law enforcement. SC law allows victims to undergo the exam without immediately involving law enforcement or committing to pressing charges. The exam can still preserve evidence and medical options. MUSC Health’s policy allows for an anonymous evidence collection kit in certain cases, giving survivors time to decide about going to police. MUSC Health Emergency Services Following Sexual Assault
Within certain time frames for evidence collection. For example, MUSC Health in the Tri-County area provides that if the rape/assault occurred in the past 120 hours (about five days), SANE services are available. After that time, while medical care is still possible (and important), DNA evidence collection may be limited or obsolete. MUSC Health
If you want to prevent further harm. Beyond evidence, SANE exams include care: checking/treating injuries, offering STI prophylaxis, pregnancy prevention, emotional support, and referrals to resources.Sexual Assault Examination – Midlands
If preserving legal rights later is important. A properly performed SANE exam, following state-approved protocol, is much more likely to produce admissible evidence in court. Cases may be weakened or even dismissed if evidence is not collected properly. The news reports in SC reflect concerns when SANE nurses are not available, or when delays occur, that can affect survivors’ ability to pursue criminal cases. Life-changing care arrives with new SANE program offering 24/7 support for sexual assault
What the Process Looks Like in SC
When a survivor arrives at a hospital or emergency department that offers SANE services, the process begins with making sure the right resources are available. Facilities like MUSC in Charleston provide 24/7 coverage, while other hospitals may rely on on-call examiners. Survivors are encouraged, if possible, not to bathe, shower, change clothes, or do anything that could destroy potential evidence before arrival. If clothing must be changed, it should be placed in a paper bag rather than plastic, and brought to the hospital.
Once there, the survivor will be asked for consent and given options about how to proceed. You can decide whether you want evidence collected, whether you want to involve law enforcement, and whether you’d like a victim advocate present to provide support throughout the exam. This allows survivors to remain in control of the process.
The forensic exam itself typically includes a physical examination to identify and document any injuries, collection of DNA and other evidence if desired, and photographs of injuries for legal purposes. At the same time, SANE nurses provide important medical care, such as medications for sexually transmitted infections and emergency contraception when appropriate.
Under South Carolina law, the cost of the routine forensic exam is covered—it should not be billed to the survivor. Hospitals can seek reimbursement through the state’s Crime Victim Compensation Fund. This protection applies even if the survivor decides not to work with law enforcement at the time of the exam.
After the exam, survivors have time to decide whether to make a police report. Some hospitals allow anonymous evidence collection kits to be stored temporarily, so that evidence is preserved even if the survivor isn’t ready to report immediately. Victim advocates and hospital staff can also provide referrals for counseling, follow-up care, and legal resources.
Legal Rights Under South Carolina Law
SC law provides several protections and rights for survivors of sexual assault with respect to SANE exams and medico-legal examinations:
Cost: Victims shall not bear the cost of the routine medicolegal exam.
Standardized Protocols: Exams must follow the SLED-approved protocol, developed with state hospital associations and victim services.
Reimbursement: Health care facilities that perform these exams according to protocol may seek reimbursement via the Office of the Attorney General and the Victim Services Division, including from the Crime Victim Compensation fund.
Survivor’s autonomy in reporting: One does not have to immediately report the assault or interact with law enforcement to obtain the medical forensic exam. Anonymous evidence collection is sometimes allowed.
Legislative developments: There is a Bill introduced in the 2025-2026 SC legislature, Bill 3038: Sexual Assault Survivors’ Bill of Rights, which explicitly affirms the right of survivors to a free forensic medical exam regardless of whether they participate in the criminal justice system. It also addresses victim advocates being present, anonymous reporting, timely analysis of evidence, and notification of results. SC Statehouse Sexual Assault Survivors’ Bill of Rights
Challenges & Gaps in SC
While the law is clear in many respects, in practice there are some gaps and challenges:
Availability: Not all hospitals have 24/7 SANE coverage. Some rely on on-call staff; smaller or more rural hospitals may not have a dedicated SANE program or exam room. A survey by the South Carolina Victim Assistance Network (SCVAN) found that many hospitals, especially in more rural or less resourced areas, did not have full SANE coverage. WYFF – Some victims in SC don’t have access to sexual assault nurse examiner, survey reveals
Trauma-informed care and environment: The presence of dedicated, private exam rooms, trained staff sensitive to trauma, and waiting areas can significantly affect survivor experience. Some facilities lack designated spaces for victims.
Awareness: Survivors (and sometimes medical staff) may not know that they have a right to a SANE exam, or that cost must not be imposed for the forensic portion.
Timing for evidence: If too much time passes (beyond the window for collection of DNA, etc.), evidence options may be lost. Familiarizing oneself with the critical windows (e.g. 120 hours in many cases) is key.
What to Do If You Need a SANE Exam
If you or someone you know has been sexually assaulted and believe a SANE exam may help, here are practical steps:
Go to a hospital that offers SANE services. If possible, call ahead or ask whether they have a Sexual Assault Nurse Examiner (or Forensic Nurse Examiner) available. Hospitals like MUSC (Charleston), Spartanburg Regional, and Prisma Health have documented SANE programs in SC.Sexual Assault Examination – Upstate
Preserve evidence. Don’t bathe, shower, change clothes (if you can avoid it), use the bathroom (if possible), or clean up until after the exam. If clothing must be changed, keep garments in a paper bag. Bring them with you.
Be aware of your rights around police reporting. You do not have to report immediately to law enforcement to receive an exam. Anonymous or delayed reporting options may exist. A decision can be made later whether to report.
Seek support during and after. Many hospitals will bring in or allow you to have a rape crisis or victim advocate. These individuals can help explain what’s happening, your rights, help you feel more comfortable, link you to counseling.
Document everything you can. If possible, write down or record (on your phone or a safe place) what you remember of the assault, any witnesses, times, places; preserve physical materials (clothes, any physical injuries) before the exam.
Follow up on medical care and legal options. Even if you decide not to pursue criminal charges immediately, there may be civil claims, support programs, long-term health needs, etc. Consulting an attorney experienced with sexual assault laws can help you understand options. Kaiser Law may be able to assist in those situations.
Why SANE Exams Matter Legally
Evidence preservation: DNA evidence, documentation of injuries, and properly collected forensic materials are crucial if prosecution is later pursued. Poor collection or breakdown in protocol can lead to evidence being inadmissible or weakened.
Statutory compliance: Courts and law enforcement generally require that evidence be gathered under approved protocols to avoid disputes about credibility. SC’s statute (16-3-1350) mandates exams meet SLED/Hospital Association/AG-approved standards.
Cost and burden on the survivor: Because the law requires that victims not be billed for routine medicolegal exams (and reimbursement is available to hospitals), the financial burden on survivors is reduced. Lack of awareness or resistance can sometimes lead to inappropriate billing; knowing the law helps protect against that.
Preserving rights of survivors: Legislative efforts like Bill 3038 aim to further ensure that survivors have explicit rights – e.g. to have a victim advocate present, right to a free exam, anonymous reporting, notification of status of evidence. These kinds of rights, once law, give survivors more power and help ensure consistency of treatment.
Key Takeaways / What to Know Immediately
If you are sexually assaulted, you are entitled under SC law to a SANE or forensic medical exam, at no cost, even if you are not ready to report to police.
Time matters: there are limits for DNA collection and evidence gathering (often up to 120 hours after the assault at many facilities).
Seek out hospitals that have dedicated SANE programs, trained examiners, and private, trauma-informed spaces.
Ask for a victim advocate during the process; you have that right.
If possible, find legal help early to understand your options and rights.
You deserve safety, dignity, and support. If you’re considering legal action after a sexual assault, Kaiser Law is here to listen and guide you through every step. Reach out today for a free and completely confidential consultation.
Conclusion
SANE exams are a critical resource for survivors of sexual assault in South Carolina—not just for evidence collection, but for medical care, emotional support, and preserving legal rights. The laws in SC provide important protections: free exams, standardized protocols, options for anonymous evidence collection, and rights to advocacy. But there are still gaps in access, and awareness remains uneven. If you or someone you love has experienced sexual assault, being informed about SANE exams can help you make empowered decisions.
If you want, Kaiser Law can provide guidance about how the legal system works after a SANE exam—what to expect, what your rights are, and how to plan whether or not to report.
Legislative Bill 3038: Sexual Assault Survivors’ Bill of Rights (2025-2026 session) SC Statehouse
About the Author
Joseph Kaiser is the founding attorney of Kaiser Law, a Charleston-based firm dedicated to protecting victims of personal injury, wrongful death, and criminal acts across South Carolina. With years of experience handling complex and sensitive cases—including drowning accidents, sexual assault, and catastrophic injuries—Joseph is committed to giving clients a strong voice and guiding them through the legal system with compassion and determination. When he’s not advocating for clients, he’s active in the Charleston community and dedicated to making South Carolina a safer place for families, visitors, and locals alike.
