Survivors Rights

Ensure Your Safety

• Call 911: If you are in immediate danger or need urgent medical assistance, call 911. Law enforcement will respond and ensure your safety.

Preserve Evidence

• Avoid Bathing or Cleaning Up: Do not bathe, shower, or clean up after the assault, as this can destroy critical evidence.
• Do Not Change Clothes: If possible, do not change your clothes. If you do change, place your clothes in a paper bag to preserve evidence.
• Avoid Eating, Drinking, or Brushing Teeth: If the assault involved oral contact, avoid eating, drinking, or brushing your teeth until a medical examination can be performed.
• Document the Incident: Write down everything you can remember about the assault, including details about the perpetrator, the location, and any witnesses. This information can be valuable during an investigation.

Visit a Hospital or Health Clinic

• Sexual Assault Forensic Exam (SAFE): Also known as a rape kit, this exam is performed by a trained medical professional to collect evidence and assess your health. It’s best to have this exam within 72 hours of the assault, but evidence can sometimes be collected later. For more information about rape kits and reporting a rape, visit End The Backlog, a resource dedicated to advocating for comprehensive rape kit reform legislation.
• If you suspect your drink was spiked or you may have been drugged, End The Backlog suggests reporting it immediately to hospital staff. The window period to collect evidence of drugs (either through a urine sample or blood) is extremely short. The sample will be analyzed at a forensic lab.
• Treatment for Injuries: Seek treatment for any physical injuries and discuss options for preventing sexually transmitted infections (STIs) or pregnancy.

Request Support

• Advocacy Services: Many hospitals have sexual assault advocates who can provide emotional support, explain your rights, and help you navigate the reporting process.

Understanding Your Options

• Report to Law Enforcement: You can report the assault to the police, which may lead to a criminal investigation.
• Anonymous Reporting: Some jurisdictions allow for anonymous reporting, meaning you can provide information about the assault without revealing your identity.
• Report to a Campus or Workplace Authority: If the assault occurred on a college campus or in a workplace, you might have the option to report it to the institution’s Title IX coordinator or human resources department.
• Choose Not to Report: It is entirely your decision whether or not to report the assault. Some survivors choose not to report for personal reasons, and this decision is valid.

Filing a Police Report

• Contact the Police: You can call the police directly or visit a police station to file a report. An officer will take your statement and may ask for details about the assault.
• Provide Evidence: If you underwent a forensic exam, inform the police so they can obtain the evidence collected. You may also provide any additional evidence, such as text messages or social media posts.
• Participate in the Investigation: Law enforcement will investigate the assault, which may involve interviewing witnesses, collecting further evidence, and identifying suspects. You may be asked to participate in a lineup or provide additional statements.
• Legal Action: If sufficient evidence is found, the perpetrator may be arrested and charged with a crime. The case may then proceed to trial.

College Campuses

• Title IX Coordinator: If the assault occurred on a college campus, you can report it to the school’s Title IX coordinator, who is responsible for handling sexual misconduct cases. They will explain your rights under Title IX, the federal law prohibiting sex discrimination in educational institutions.
• Campus Police: Many colleges have campus police or security who can take your report and begin an investigation.

Workplaces

• Human Resources (HR): If the assault occurred in the workplace, you can report it to your company’s HR department. They are responsible for investigating and addressing complaints of sexual misconduct.
• Equal Employment Opportunity Commission (EEOC): If your employer does not address your complaint adequately, you can file a charge with the EEOC, which investigates claims of workplace discrimination and harassment.

Military

• Restricted vs. Unrestricted Reporting: In the military, you have two reporting options. Restricted reporting allows you to confidentially seek support and services without triggering an investigation, while unrestricted reporting leads to an official investigation.
• Reporting Sexual Assault in the Marine Corps Legal Options and Considerations

Criminal Prosecution

• Pressing Charges: If law enforcement finds sufficient evidence, the perpetrator may be charged with a crime and prosecuted in court.
• Victim’s Rights: As a victim, you have rights throughout the criminal process, including the right to be informed of court proceedings, the right to be heard, and the right to restitution.

Civil Lawsuits

• Filing a Civil Suit: In addition to criminal prosecution, you may have the option to file a civil lawsuit against the perpetrator. This can result in financial compensation for damages, including medical expenses, lost wages, and emotional distress.

Statute of Limitations

• Time Limits for Reporting: Be aware of the statute of limitations, which is the time limit for reporting a crime or filing a lawsuit. The statute of limitations varies by state and the type of assault.