WHAT ARE MY OPTIONS?
Sexual assault is one of the most underreported crimes. Survivors often hesitate to report the assault to authorities for numerous reasons including, but not limited to: fear of retaliation, shame, being unsure if what they experienced is considered sexual assault, mistrust of police or a belief that they won’t do anything to help, not wanting friends/family to know, not wanting the offender to be punished, and/or feeling like too much time has passed.
We understand that reporting an assault can be difficult and is often retraumatizing. In fact, that is the foundation for us creating Callisto Vault – to reduce retraumatization and help survivors better navigate inequitable systems. The #MeToo movement has demonstrated that there is strength in numbers and coordinating action can make reporting to authorities more effective.
Most people don’t think about sexual assault until it happens to them or someone they know. As such, their knowledge of reporting may come from TV police dramas and other media outlets, many of which are inaccurate. The following list will help educate survivors and allies on various post-assault actions and options. Of course it’s worth noting that you may choose to do nothing and that is always an option.
This is not an exhaustive list and it’s important for you to do further research to determine which option is best for you.
It is important to note that this list is not legal advice. Please contact an attorney for legal support.
REPORT TO THE POLICE
We know that not all survivors wish to report to law enforcement, particularly BIPOC and LGBTQIA+ survivors. However, if you want to pursue criminal charges against the perpetrator, you will need to report to your local law enforcement. Each state has it’s own laws about what constitutes sexual assault as well as the definition of consent.
When possible, and if you’re comfortable, it’s best to report to police immediately after the assault. You can do this by calling 911 or going to your local hospital and/or crisis rape center. They can conduct a forensic exam (also known as a rape kit), which includes collecting samples of the perpetrator’s DNA (hair, semen, blood). These samples can be used as evidence if you decide to file a police report.
Police departments across the country have different levels of training regarding sexual assault and how to conduct a trauma-informed interview. Some survivors express that law enforcement have been very kind and helpful, while others disclose that they felt attacked and retraumatized by how they were treated by law enforcement. Remember, most local rape crisis centers have an advocate that can accompany you so you don’t have to go alone. If that is not a resource in your community, consider asking a trusted person in your life.
While you can file a police report at any time, if you are interested in going through the court system, you will need to file a report within the statute of limitations - the amount of time in which you can take legal action. The statute of limitations varies from state to state as well as for criminal and civil charges. If you want to learn more, please check out RAINN’s State by State Guide on Statutes of Limitations.
It is important to note that - while a case cannot be prosecuted once the statute of limitations has expired - survivors can file a police report years or even decades after their assault. And sometimes, it can be healing for a survivor to file a police report, even if it's past the statute of limitations.
As a survivor of rape or sexual assault, you have certain rights under the laws of your state. Check with a local justice center or your local bar association to get information on their legal aid support to better understand your local rights.
Forensic Exams
A lot of survivors think—or are told—that it is impossible to conduct a forensic exam if you have already showered and/or changed your clothes. In fact, medical professionals can find physical evidence of the assault even several days afterwards. If you have already showered, please do not be discouraged, and call 911.
While preserving forensic evidence of the crime can be important to building a case against your assailant, these exams can be difficult experiences. Survivors have described forensic exams as retraumatizing and intrusive. If you can, please consider asking a friend to take you to the hospital and home afterwards so you feel more comfortable.
It is also important to note that forensic exams are not just about evidence collection, but providing survivors with medical care and resources. Survivors can choose to get a forensic exam, even if they don’t plan to or aren’t sure whether they want to report.
Check out the video below to learn more about forensic exams from our Q&A with Sexual Assault Nurse Examiner (SANE), Leah Helmbrecht.
REPORT TO TITLE IX
Currently enrolled students who are assaulted by another student or faculty member at the same school can report to the Title IX Office. Title IX is a federal civil rights law in the United States that was passed as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or educational program that receives funding from the federal government. Title IX can change depending on the administration and other legislative amendments. Schools are required to comply with all updates and guidelines so your rights or access to particular resources are subject to change. Every college or university has a Title IX office in which to report sexual assault, harassment, or coercion.
Our Survivor’s Guide can also help student survivors learn about their rights guaranteed under federal law and explore resources to navigate the impacts of being a survivor while in college.
NOT READY TO REPORT?
Many survivors are not ready to report to authorities. If you are not ready, there are several things that you can do that will help if you change your mind.
As you decide what next steps you want to take, it can be helpful to document the details of the incident in case you want to report or engage with a service provider in the future. When documenting the assault, it is often recommended that the following information is captured: date you are writing the account, date of the incident, time, exact location, all details of the incident you can recall, names of any witnesses, anyone you spoke to during or after the incident, and any description of the offender(s). In addition, you may want to save any physical evidence (clothing, bedsheets, condoms, etc.) and electronic evidence (emails, photos, videos, text messages, screenshots, and social media interactions). If you have injuries from the assault, take pictures and save them in a secure location.
While you may not want to preserve the memory of the assault, documenting it can help you process the assault and/or provides a starting point for if you decide to tell someone such as a lawyer, therapist, police officer, or friend.
If you have an active .edu email address (and are in the U.S. or its territories) you also have FREE access to Callisto Vault, where you can create an Incident Log — an encrypted and timestamped record of your assault. If Callisto Vault isn’t available to you, document the assault and save it in a place that is secure and private.
We know that survivors are often faced with the challenge of overcoming the narrative of an “isolated incident” and are unsure of what their rights and options are. The Matching System was designed to help address these two barriers.
The Matching System allows a survivor to enter the unique identifiers (ex: social media handles) of the perpetrator and in the event that another survivor enters the same unique identifier, a “match” occurs. Any serial perpetrator can be detected, regardless of their university affiliation. Once matched, each survivor is connected with a Legal Options Counselor, who will explain their options and facilitate coordinated action, while protecting survivor privacy. This can help you and the other survivor(s) in your journeys of healing and justice.
If you are in the U.S. and have a .edu email address, you have access Callisto Vault (as of October 16, 2023) and we encourage you to create a matching entry in the Matching System. You can enter the Matching System even if you have reported to authorities.
TALK TO AN ATTORNEY
Talking to an attorney can help you decide if and when to take legal action. When you talk with an attorney, you have the benefit of knowing that attorneys have the duty of confidentiality. They can help you explore different legal options and what the pros and cons of those options are. While survivors often worry that consulting with an attorney would be too expensive, there are several ways to access free or low-cost legal services, including:
Check with your local rape crisis center, as many offer free and confidential legal services.
If you think you might be interested in pursuing a civil case (“filing a lawsuit”) most civil attorneys offer a free consultation. If they agree to take your case, they work on a contingency basis, meaning that the survivor does not pay anything upfront. If their case is won/settled, the survivor simply pays the attorney a percentage of their settlement/winnings.
You can also explore pro bono legal services through the National Women’s Law Center, the National Center for Victims of Crime, a local justice center, or your local bar association.
No matter what action you decide to take, know that you are not alone. Click here to learn more about finding support.