How To Report Sexual Assault: A Step-By-Step Guide For Survivors
In the United States, one in four women and one in 26 men have experienced completed or attempted rape. Unfortunately, these numbers may not even show the full scope of the problem because underreporting sexual assault is common. One of the reasons for this is that many people are not sure how to get help.
If you have suffered a sexual assault of any type, we are so sorry that it has happened. Please know you may be entitled to receive compensation for your losses. One of the most important things to do is to file a report of the assault so that it can be used against the perpetrator and help you receive the financial assistance you need.
With assistance from a sexual assault lawyer, this process can be a bit less harrowing. At Bachus & Schanker Elite Litigation Group, our attorneys can fight for your rights after such a horrific experience.
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Defining Sexual Assault
One of the first steps in the process of beginning a civil action is defining sexual assault. The law defines sexual assault as any form of conduct or behavior of a sexual nature that occurs without explicit consent. Many types of sexual assault exist. Some of the most frequent include:
- Fondling or unwanted sexual touching
- Attempted rape
- Rape (penetration of the person’s body)
- Forcing a victim to perform sexual acts
Sexual assault can occur to anyone, regardless of age or sex. It can have devastating physical and psychological consequences that can turn your life upside down. If you have been a victim, please know you are not alone in this. Filing a civil action against the perpetrator offers the chance to fight back. But how do you begin the process? Before anything else, you must report the assault.
How To Report A Sexual Assault
When looking for how to file a sexual assault report, there are a few different entities you can turn to depending on your relationship to the perpetrator and a variety of other factors.
Reporting To Law Enforcement
For the majority of people, this will be the right option. You can contact 911, especially if you’re in immediate danger. Wherever you are, someone will come help you. If you’re significantly injured, emergency services will send you an ambulance to stabilize you and get you to a hospital.
You also have the option of contacting or going directly to your local police department. Most of the time, there will be specific law enforcement officers who have experience with sexual assault cases and understand the sensitivity of the situation.
Many law enforcement agencies participate in Sexual Assault Response Teams (SARTs). These offer survivor-centered services that help to reduce the stress placed on you. For example, they reduce how many times you may have to repeat what happened by facilitating communication among agencies.
One common question that people have is, “How long do you have to report sexual assault?” There is no time limit for reporting the assault to law enforcement, but if you want to begin a case against the perpetrator, there is a statute of limitations that can limit the time you have to begin. How much time you have will depend on the state where you’re filing.
Reporting Through Your School
If the assault occurred at a school, you can report it through the institution. Schools that receive federal funding must abide by Title IX laws. This means that the institution must report the sexual assault. You can file the report with the Title IX coordination in your school in person, over the phone, by mail, or via email.
You can also file the report directly with the Office of Civil Rights at the Department of Education.
Reporting Through The Workplace
Title VII of the Civil Rights Act, which the Equal Employment Opportunity Commission (EEOC) enforces, makes discrimination in the workplace based on sex illegal. Sexual assault is covered by Title VII.
You have a right to report the incident to the EEOC, and you can do so by letting your employer know, or by filing via the online portal. You can also file in person at your nearest EEOC office.
What Happens After You File The Report?
Once you file the report, law enforcement, the school, or the EEOC will investigate the assault. Whether criminal charges are brought against the defendant won’t be up to you. What you can do, however, is begin a civil action. To do this, it’s essential that you hire experienced attorneys.
Any time another party causes injuries from negligent or wrongful conduct, the victim can turn to legal counsel to pursue damages. Doing so has no impact on any criminal case, even if it’s occurring at the same time.
With an attorney helping you, you can gather evidence that demonstrates the assault occurred and shows the losses you sustained. Unlike in criminal cases, where the charge must be proven beyond a reasonable doubt, civil cases require showing a preponderance of evidence. This means proving that it is more likely than not that what you say happened actually did occur.
Your attorney will carefully calculate the value of all of the losses you suffered. These include medical expenses you had because of the injuries you experienced, lost wages from not being able to work, and even emotional suffering. They will then negotiate for fair compensation.
In very complex cases, it may not be possible to obtain a settlement. The next step would be to file a civil lawsuit and go to court. This also doesn’t impact any concurrent or future criminal cases.
Trust A Compassionate National Law Firm
After surviving a sexual assault, you need experienced and dependable legal counsel. At Bachus & Schanker Elite Litigation Group, we understand the pain and stress you’re experiencing. Our team has the national resources in place to tenaciously pursue sexual assault cases. You shouldn’t go through this alone. We also have the help of our Victim Advocates to be by your side every step of the way.
Contact Us For A Free And Confidential Consultation.