Sexual Assault

It is not uncommon that survivors of rape/sexual assault may not report it to the authorities right away [ADD IF RELEVANT – and even more so when the offender is a spouse or intimate partner.] Someone who experienced rape or sexual assault in the past may still be able to seek justice from the criminal court system but it can be complicated. In general, even if a crime is not very recent, a victim can still report the abuse to the police in the county where the crime took place. Usually, when a person makes a criminal report, the police will listen to the victim and take a look at whatever evidence s/he has. If the police believe that a crime has been committed, they can make an arrest. If they are unsure whether or not there is enough evidence to arrest, they can bring the case to the prosecutor in the county where the crime took place. The prosecutor can then decide if there’s enough evidence to go forward with a criminal case and whether or not to press charges for the crime.

Sometimes it can be difficult to prove abuse once any injuries have healed or any witnesses are no longer available. However, if the victim went to the doctor/hospital at the time of the sexual assault, s/he may be able to get those medical records to show to the police. Or there could be other evidence to show the police such as text messages or voicemails that reference the sexual assault. Or, perhaps the victim wrote about the abuse in a journal or on a calendar on the date that it happened that s/he may still have, which could lend credibility to the fact that it happened when s/he said it did. I am not sure if you have any similar evidence (or other evidence) that you can think of that may help to corroborate what happened. If so, it could be something to consider showing to the police when making a report.

Sometimes, prosecutors are reluctant to go forward with a case that happened a long time ago because it’s hard to get evidence and to prove to a jury that a crime was committed so long after the incidents. [INCLUDE IF RELEVANT: Especially when the sexual assault is committed by a spouse or intimate partner, it can be more complicated to prosecute because the sexual assaults are often intertwined with other consensual sexual encounters. Although domestic violence advocates understand that this is common, many prosecutors worry that a jury won’t understand how a victim of sexual assault could later have consensual sexual relations afterwards.]

Another factor to be considered is that if it has been a long time since the incident(s), the “statute of limitations” may have run out. The statute of limitations is the amount of time the authorities have to charge someone with a crime - the statute of limitations can vary from crime to crime and from state to state. The statute of limitations will depend on the specific crime(s) involved, and the prosecutor should be able to tell you if the statute of limitations has run out or not in your specific situation. Or you can find the statute of limitations for sexual crimes in each state on the RAINN.org website.

Generally, a person who wants to report a crime may want to start out by contacting the police in his/her area. If they’re not helpful or seem unwilling to go forward with the case, the victim may want to contact the prosecutor’s office directly. Reporting rape to the authorities can be a difficult process in many ways – you may also choose to reach out to a sexual assault program in your area for support and assistance. To find a sexual assault program near you, you can contact the State Domestic Violence/Sexual Assault Coalition in your state on our Statewide Programs {LINK] page or an advocate at a local program, also listed on our website. [LINK]

Further, we have a list of National Organizations that may also provide information and support to victims of rape and sexual assault.

[ONLY INCLUDE THE REST OF THIS IF THE RAPIST IS NOT HER HUSBAND (BEC MOST STATES WON’T ENTERTAIN CIVIL SUITS AGAINST A SPOUSE): Whether or not criminal charges are brought, a rape victim may also have the option of filing a civil suit for damages - however there are often short statutes of limitations on how long after the incident a suit can be filed. Sometimes, sexual assault victims file civil suits to give them the financial resources to pay for counseling or other services that may help to address the trauma that can come with being sexually assaulted. In other cases, rape victims who haven’t met any success in getting criminal charges pressed choose to file a civil suit to find some form of justice. In a civil case, the authorities generally don’t need to be involved and the standard of proof needed to win in a civil case is less than in a criminal case. When a person sues for “damages,” he/she is generally asking for money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the rapist. To file a civil suit for damages, you may likely need the help of a lawyer - but you may first want to figure out with a lawyer if the statutes of limitations has passed. Some lawyers will take a case like this for a “contingent fee,” which means the lawyer doesn’t get paid unless you win in court, and then s/he takes some percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the defendant to pay for the petitioner/plaintiff’s (person asking for relief) attorney’s fees. If you need help in finding a lawyer who can take your case for a contingent fee, you may contact:

National Crime Victim Bar Association
Lawyer Referral Line: 800-FYI-CALL
email: victimbarncvc.org
The National Crime Victim Bar Association offers information and lawyer referrals to crime victims seeking to sue offenders. They screen for lawyers who are qualified to help victims of crime, and they provide additional training for these attorneys. Please note, however, that WomensLaw is not affiliated with this outside site – we provide it for your information only.

You can also call a lawyer referral service in your area, though you may want to check with them to see if they provide any screening and/or training for lawyers representing victims of sexual assault. Go here for the Bar Association Legal Referral Service number in your area. [LINK]]