Survivors need legal support.
Navigating the legal system after an assault can be confusing and overwhelming.
Many people just don’t know where to start. They feel lost, uncertain, and fearful about what comes next.
The good news is this:
Legal rights exist to protect you. Armed with the right knowledge, understanding your options is a lot easier.
This guide will cover everything you need to know about protecting your rights.
What You’ll Learn:
- Survivor rights and protections
- Legal options and avenues
- Reporting an assault to authorities
- Finding the right legal support
- Victim compensation programs
Survivor Rights and Protections
Did you know every survivor has specific legal rights?
These aren’t suggestions. These are legal protections created by federal and state law.
Sexual Assault Survivors’ Bill of Rights outlines certain guarantees available to survivors nationwide. These rights include:
- Dignity and respect
- Evidence preservation for 20 years
- Access to a victim advocate during an interview
- Free copies of the initial crime report
- Access to an attorney
Note how the last point is phrased: “survivors have the right to an attorney.”
Having legal representation available during the investigation and prosecution process makes a world of difference.
Legal assistance programs like Kayla’s Survivors are invaluable for sexual assault survivor legal support. They help connect victims with advocates and resources who understand the system.
Let me say that again:
Legal representation during an investigation and possible trial can change everything.
The Violence Against Women Act (VAWA) is another important set of survivor protections. It provides funding for shelters, rape crisis centers, and legal assistance programs. The 2022 reauthorization added additional services and expanded protection to survivors.
Legal Options and Avenues
The legal system has two main avenues for sexual assault: criminal and civil.
Criminal legal proceedings involve police and prosecutors. Their job is to take the perpetrator to justice using the legal system. Survivors don’t actually “press charges.” Prosecutors decide that. But survivors’ testimony and cooperation are usually critical to the case.
Civil legal proceedings are different. They provide an opportunity for the survivor to seek financial compensation from the person who caused them harm. These lawsuits also have a lower burden of proof than criminal cases. So a civil case may be successful even if a criminal case is not.
Here’s another surprising fact:
The criminal and civil legal system can and do happen at the same time. Survivors can participate in a criminal investigation while also filing civil action. Many survivors choose to pursue a civil action as well because it gives them more control over the process.
Protection orders are another important legal remedy available. These court orders force the perpetrator to stay away from the survivor’s home, work, and other locations. Emergency protective orders can be issued quickly through law enforcement. Longer-term orders usually require a court hearing.
Reporting an Assault
Reporting an assault to law enforcement is a personal decision. There is no “right time” to do it.
Only 310 out of every 1,000 sexual assaults are reported to police according to Department of Justice data. That means less than one-third. The majority of assaults go unreported for many reasons – fear, shame, a desire not to go through the process, etc.
The good news is that in most states, there is no statute of limitations on reporting sexual assault. You can report the assault in days, weeks, months, or even years after it happened.
If you are ready to report, survivors have several options:
- Call 911 if you are in immediate danger
- Contact the local police either over the phone or in person
- Go to a hospital, and the staff there can help you report it
- Anonymously report your assault
Medical treatment and attention is an option even if you don’t make a report to the police. Survivors can complete a forensic exam (AKA “rape kit”) and have it stored for years. This keeps evidence preserved and gives the survivor time to decide about reporting.
One last important thing…
Survivors are entitled to a victim advocate during any interview process with law enforcement. Victim advocates provide emotional support, explain the process, and walk you through the process so you know your rights along the way.
Finding the Right Legal Support
Accessing proper legal support and advocacy changes everything.
An estimated 423,020 people ages 12 and older are victims of sexual violence each year according to RAINN. That’s a lot of people in need of assistance.
The good news is that there are many organizations that exist to help. Here are some key ones to know:
- Victim Advocates – These professionals provide free, confidential support and assistance. Many local police departments have victim advocates on staff. Rape crisis centers also provide victim advocacy services.
- Legal Aid Organizations – A lot of legal assistance organizations will offer free or low-cost legal representation. NCVB (National Crime Victim Bar Association) can provide referrals.
- National Sexual Assault Hotline – Call or text RAINN’s National Sexual Assault Hotline (1-800-656-4673) 24/7. They can connect callers with local resources and provide additional support services.
These resources exist for a reason. It’s not a sign of weakness to use them. It’s actually a smart strategy for navigating an often confusing system.
Victim Compensation Programs
Most states have victim compensation programs to help pay for costs of the assault.
The services can be used to cover a variety of expenses, including:
- Medical treatment and forensic exams
- Mental health therapy and counseling
- Lost wages
- Relocation costs
- Other crime-related expenses
Survivors generally need to report the assault to law enforcement and file an application in a timely manner to qualify. But exceptions are available in many cases for good cause.
Some state compensation programs can provide up to $25,000 in financial compensation. Imagine being able to use $25,000 for months of therapy and medical bills. And that’s on top of what insurance may already cover.
Application processes for these programs vary by state. Victim advocates can walk survivors through the paperwork and ensure it is completed properly.
Wrapping It Up
Protecting your legal rights after an assault takes knowledge and information. The system may feel insurmountable, but you don’t have to go through it alone.
Here’s a quick recap of the most important points from above:
- Every survivor has specific legal rights
- Criminal and civil legal options are available
- Reporting has no statute of limitations in many states
- Victim advocates provide free support through the process
- Compensation programs can pay for many related expenses
The legal system is supposed to help survivors find justice and healing. Learning about your rights is the first step toward using them.
There are resources and support available. There are advocates who want to help. Every survivor deserves to have their rights protected.