I am Not a U.S. Citizen
There is some important information for you to know if you aren't a citizen or permanent resident of the United States, and live in Virginia:
- You are entitled to receive treatment for the medical injuries that you may have received during a sexual assault.
- The health care providers at UVa Hospital and Martha Jefferson Hospital cannot ask you about your citizenship.
- The medical information that you give to the health care provider is confidential. It will not be released to anyone, including a law enforcement officer, without your permission.
- If you choose to report the assault to law enforcement you are eligible for benefits and services from the Victim/Witness Assistance Program and Commonwealths Attorney's Office.
- If your partner is abusing you, you may be able to receive protection from deportation, and even apply for permanent residency without your partner's sponsorship, under the Violence Against Women Act. Speak to an immigration attorney or Piedmont Legal Services for help with this issue.
There are some things you need to know right away:
The UVA hospital is required by state law to report juvenile (under age 18) sexual assault to the local law enforcement agency. The UVA hospital also notifies the law enforcement agency about crimes of sexual assault against adults. If you are an undocumented worker, you may be fearful of contact with the police, although they are not required to report you to the Immigration and Naturalization Service (INS). If you want no contact with the law, and since your health care providers will report the incident, ask them to give the information to law enforcement after you leave the hospital. If you have questions about this, contact SARA at 977-7273. They may be able to give you additional information.
You have the right to bring your assailant to trial, regardless of whether or not you are a US citizen. This is true even if the attacker was your husband. It is possible for you to go to the local magistrate (Charlottesville or Albemarle County) at 230 Court Square (977-0220) and file a warrant against your assailant. Generally, the magistrate won't issue a warrant for a sexual assault without a police investigation, although it isn't required. Ask the Commonwealth's Attorney to provide an interpreter for you if you feel uncomfortable communicating in English.
In order to receive financial reimbursement of medical expenses through the Division of Crime Victims' Compensation, you must report the assault to a law enforcement officer or file a warrant. You also must provide them with a passport or other proof that you are the citizen of another country.