| WHAT TO DO What to do if you are
raped
Deciding to go to the hospital
Deciding to press charges
If someone you know has been raped
Feelings you may have after a
sexual assault
WHAT
TO DO IF YOU ARE RAPED
- First and foremost, you need to get to a safe place!
If you are in immediate danger, do anything you can to get away.
- Next, it is important to seek medical assistance. It
may be very difficult for you not to bathe or shower before going to the hospital, but
your body contains crucial evidence that is critical to a criminal investigation.
- You have choices as to whether or not to press
charges. RCST can help you make an informed decision about going to the police.
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DECIDING TO GO TO THE HOSPITAL
1. You need to get medical treatment for any injuries you may have,
internal or external.
2. If you decide to press charges, the evidence will be collected at the
hospital.
The following is an outline of the evidence
collection process.
Collection of clothing and other objects
Clothing may be collected with the victims consent. Only clothing that
is necessary for evidence should be gathered. The victim has the right to refuse
clothing collection.
General Physical Exam
The healthcare provider will conduct a physical assessment to examine
bruises, redness, cuts, bite makes, or ligature marks. Photographs should be taken
only in instances where the pictures would produce clear evidence of injury.
Specimen Collection
Oral, anal, and vaginal swabs are part of the collection process.
In addition, dry blood and semen specimens found on the body will be collected.
Saliva, skin, hair, and fibers may collect under the nails of the victim, and are
therefore collected by scraping under the fingernails.
Collection From Pubic Area
Fibers and loose hairs from the pubic area will also be collected.
This is usually done by combing the pubic hair and may be performed by the victim.
There may be as many as 15 pubic hairs pulled from the pubic area.
Pelvic Exam
This is often the most stressful part of the evidence collection process.
It is important to reassure and talk to the survivor because flashbacks to the
assault are common. The specimens gathered allow for testing go the perpetrator's
DNA, the presence of semen and sexually transmitted diseases. A speculum is used for
adult women. A pap smear is also obtained.
If sodomy occurred, swabbing the anal region is done
in order to collect any evidence of a lubricant. A washing solution may also be
used, which is the injection of saline solution into the rectum, withheld for two minutes,
then withdrawn and used for detection of semen or other bodily fluids. Cotton swabs
to take specimens from the rectum for air-dried smears may also be used.
If the survivor has been forced to perform fellatio,
swabbing the mouth and pharynx may also be done. If the survivor indicated that the
man ejaculated in her mouth, having her blow her nose may also produce evidence. A
specimen of the survivor's saliva may also be obtained by having her chew a small piece of
cloth or filter paper.
Blood Samples And Other Medical Tests
Blood samples may be taken for medical purposes such as testing for
syphilis, hepatitis B, and pregnancy, at the same time that blood is being drawn for
evidence purposes.
*Remember that the victim can
refuse any of the individual steps of the evidence collection process. This does not
relinquish their right to have other evidence collected.
3. The hospital can write a prescription for
emergency contraception, in order to prevent pregnancy.
4. You can be tested for STD's and HIV.
5. Treatment for HIV exposure can be given to you.
6. You can be given antibiotics to fight an
infection you may have contracted during the assault.
It is your right to have a
rape crisis counselor/advocate accompany you to the hospital. They will be able to
answer your questions and be sure you get the best medical treatment that you are entitled
to after such a horrible ordeal.
(The following
information is valid in New York State.)
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DECIDING
TO PRESS CHARGES
1. There are two instances when the police have to be involved in a sexual
assault case: one is when there was a weapon used, the other is when a child was the
victim of the abuse.
2. If neither of the above exist, the decision to press charges against the
perpetrator is yours.
3. If you decide you want to press charges the police may come to the
hospital to get some basic information from you.
4. The police will then begin their investigation. You will be asked
to come to the police station to give a 'statement', or record of the events at the time
of the assault, This is a very detailed and long process. The police want to
get the most accurate information they can.
5. After the investigation, the case goes to the District Attorney for
review. This person decides whether of not there is enough evidence to process with
the case. If the DA feels there is not evidence, the case is dropped.
6. If proceeding, the District Attorney will schedule a meeting with the
victim. It is your right to have to an advocate with you at this meeting.
7. After this meeting, the District Attorney will schedule Grand Jury: a
meeting with 16-23 Grand Jurors, the victim, a stenographer, and the DA. Advocates
are not allowed into this meeting. The DA will ask the victim questions about the
incident. The DA is the only person who asks questions at this meeting.
8. If Grand Jury decides there is enough evidence to process, they will
indict the perpetrator. This means they feel the case should go to trial. If
the Grand Jury feels there is not enough evidence to process, the case is dropped.
9. Next, there is an approximate four month (100 day) wait until the next
step for the victim. During this time, the DA and the defense attorney are
conducting 'motion practices'. The defense attorney is also filing motions for
'discovery', meaning he/she is getting information about the victim, such as medical
records etc.
10. During this time, protective orders can be issued. The victim does
not need to be in court to get this.
11. Once all of this is completed, the case is docketed for trial.
12. Now the defense will be contacting the DA to make a deal, plea,
sentence, etc.
13. The DA will call the victim in to see if they would be interested in
taking the deal. At this time, the DA will also explain the trial process an what
can be expected.
14. The victim cannot sit in on the trial. They do not come into the
courtroom until it is time for them to testify. An advocate can sit in the courtroom
for the victim. At this point, communication between the DA and the victim is
minimal.
15. If the perpetrator is convicted, the victim has the right to give a
Victim Impact Statement. This is read at the time of sentencing. The victim
also has the right to disagree with the DA's decision in regard to duration of the
sentence, and can tell the judge that at the time of sentencing.
16. The victim has the right to be notified of the possibility of parole and
also the possibility of release. The victim can appear at parole hearings.
*Please note that this is a
simple guideline for laypeople. For specific questions, concerns, advice, or
clarification, please contact your county's District Attorney.
RCST cannot give legal advice. Rape Crisis of
the Southern Tier provides information for victims so they can make their own informed
decisions about what is best for them!
24 HOUR,TOLL FREE HOTLINE
1-888-810-0093
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IF SOMEONE YOU KNOW HAS BEEN RAPED
DO
Do believe the victim.
Do encourage the victim to seek
medical treatment, request crisis counseling, ask for a support person, and file a police
and/or campus report.
Do give the victim the opportunity to
re-establish their feelings of control and ability to make decisions.
Do assist the victim in making
decisions, if they request that you do so.
Do be sensitive to the victims need
for privacy.
Do verbally express you anger about
the incident and the offender.
Do be patient, understanding and
approachable.
DON'T
Don't doubt the victims story, be
critical, or judgmental.
Don't let the victim do anything
which might destroy evidence or create changes at the scene of the assault.
Don't pressure the victim to talk
about the incident until she is ready.
Don't be angry with the victim
Don't blame the victim or encourage
them in any self-blame.
Don't overprotect the victim. Convey
support but don't foster dependency.
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FEELINGS YOU MAY HAVE
AFTER A SEXUAL ASSAULT
Alone "Am I the only one?"
Set Apart "This only happens to bad people, right?"
Hopeless "I can't go on anymore"
Upset, Distressed "I cry all of the time"
Numb "I haven't been able to cry"
Shocked "How could this happen to me?"
Anxious, Nervous "I can't eat or sleep"
Guilty "What did I do or say the bring this on?"
Fearful "I don't dare go out alone at night anymore.
When will I be able to sleep with the lights off?"
Dirty "I just want to wash him off me"
Depressed "Nothing interests me anymore"
Helpless "I don't feel confident making decisions"
Panicky "My heart races constantly"
Weak "He made me feel so small inside"
Angry "I am so mad. He took something from me and he had no
right."
Vindictive "I want him to pay what what he did"
Ashamed "What if people find out"
Confused "Why did this happen to me?"
All of these feelings
are normal and understandable.
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People often feel they are making
progress and then have negative feelings come back all over again. Ask for the help
and support you need from friends and loved ones. You can also find support by
calling our hotline at any hour of the day or night.
RCST TOLL FREE HOTLINE
1-888-810-0093
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