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Fall 2009
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What To Do If You Are Sexually Assaulted

GET HELP
      Contact the Police

If you have been raped, dial 911 to speak with a local police agency for assistance.  The police will ask you what happened, what the rapist said or did during the assault, where the assault occurred, and if you can identify the rapist.  In conducting a thorough investigation, the officers ask the victim many questions and will go over all details of the crime.  All facts about the rape are significant.  Unlike many movie portrayals, the detectives who interview victims have been trained to conduct the interview in a supportive and professional manner.  You are not required to speak with the police at this time, but it may affect further prosecution of your assault if you decide against it.

After the initial interview, the police may contact you to gather additional information or have you help identify your rapist by looking at mug shots.  It is important to remember the name of the detective who interviews you so that you can contact him/her later for any questions you may have about the progress of your case.

It is the policy of the Advocacy & Support Center to encourage reporting rapes to the police.  However, even if you do not contact the police, you can be of help to other women by filing a report with the Advocacy & Support Center.  You do not have to give your name or become involved with the police or courts.  With your permission this information is then given to police to possibly prevent future rapes of other women.

You can expect to be treated with dignity and respect at all times by the police, by hospital personnel, and by the Advocacy & Support Center.  Should you be dissatisfied with your treatment, file a complaint with the involved person’s supervisor, or report it to the Advocacy & Support Center.

 

SEEK MEDICAL ATTENTION

When speaking with police, the police officer will tell you to seek medical attention.  It is important that you get a medical exam as soon as possible after the assault.  This examination checks for injuries and tests for sexually transmitted diseases and infections.  It is also the method to gather evidence if the rapist is prosecuted.  Even if you are not sure you want to prosecute, evidence can only be gathered in a 96-hour period after the assault.  It is very important not to change clothes, bathe or brush your teeth after an assault.  You may want to bring a change of clothing with you at the time of the exam since the clothing worn during the rape will be considered as evidence and may be collected by police, especially if the clothing is torn or soiled.

 

Here’s what happens during the medical exam:

  1. Brief History Taken – including information about the rape.
  2. General Examination – to check for injury.  Pictures may be taken but only with your permission.
  3. Pelvic Examination – tests and swabs are performed for sexually transmitted diseases/infections, and checks for injuries.
  4. Blood Test – for sexually transmitted diseases/infections.
  5. Evidence Gathering – specimens may be collected, such as fingernail scrapings, pubic hair combings, hair samples, also some clothing (especially underpants) may be kept for evidence.

The rape exam is paid for by a special fund at the Attorney General’s Office, if the victim chooses to prosecute.  Be sure to get the appropriate forms filled out to charge it to this fund.

If you are afraid of pregnancy resulting from the rape, you should consult the examiner about pills to be taken with 72 hours of the assault, which prevent pregnancy.  Be sure possible side effects are explained.

A follow-up medical examination is important!  Your examiner will provide recommended guidelines for additional tests for sexually transmitted diseases/infections or other health concerns.

Again, you are not required to receive a medical examination, however, refusing to may also affect further prosecution of your assault.

 

COURT PRECEDURES

Prosecution means taking legal steps against the accused rapist.  He/she is referred to as the defendant.  At all levels of court, a prosecuting attorney is furnished for the victim.  He/she is not required to hire a lawyer.  A victim advocate from the Advocacy & Support Center is available for support through each step of this process.

  1. Preliminary Hearing – The purpose of the preliminary hearing is to determine whether there is adequate evidence for a trial to be held.  This takes place in District Court.  The hearing is open to the public and the victim may or may not have to testify.
  2. Grand Jury – The grand jury is an investigatory body.  The purpose at this stage is to decide whether or not to indict the defendant on the charges presented.  The victim will be expected to testify.  This is a private hearing.
  3. Arraignment – After the defendant is indicted, he is brought to circuit court to enter a plea.  The victim does not have to be present.
  4. Plea Bargaining – If the Commonwealth Attorney believes that the evidence available is not sufficient to get a conviction or that the victim will have a great deal of difficulty, he/she may agree to plea bargaining.  Victims of crime shall be consulted on any plea agreement of their case.
  5. Trial – The case is tried in the circuit court before a judge or jury; it is up to the defendant to choose.  Each side presents all its evidence and each has the right to cross-examine any witness.  The victim will have to testify as he/she is usually the primary witness for the prosecution’s case. Police officers or detectives and medical doctors also may testify concerning the case.

ADVOCACY & SUPPORT CENTER

A victim of rape can experience a wide range of emotional reactions.  Emotions may be expressed openly or kept very hidden and controlled immediately following the attack.  Later, most victims report feeling irritable, jumpy, nervous, and frightened.  This fear can be very overpowering.  It may occur as an overwhelming wave of feelings when the victim sees things that remind her/him of the rape.  Nightmares, difficulty sleeping, physical symptoms of nausea and general body aches are also common. 

In the weeks and months after a rape, most victims experience predictable phases of recovery, fighting to regain control over their life, wanting to forget the rape, reestablishing a sense of security and gaining the ability to accept rape as a past experience.

The Advocacy & Support Center tries to help victims with this psychological reaction to rape by providing information and support to victims at the hospital, police station, and in court.  In addition to assisting victims in immediate crisis, the Advocacy & Support Center also provides services to victims of any sexual assault that happened at any time in their lives.  Services are also available to child victims and their families.

The Advocacy & Support Center serves the Lincoln Trail Area Development District (Breckinridge, Grayson, Hardin, Larue, Marion, Meade, Nelson and Washington Counties).