Evaluate your options

In most cases, physical and DNA evidence needs to be collected with the help of a forensic medical exam (also known as an evidence collection or rape kit) within 72 hours of the assault. However, a sexual assault forensic exam can reveal other forms of evidence (e.g. bruises and marks) even beyond this time frame.¹ A hospital/medical centre can also tend other medical needs where relevant. Whether or not the victim is required to file a police report should they request a rape kit depends on the locality (e.g. country, state).

Empowering victims by giving back control can be helpful for recovery² and taking action can help the survivor regain some sense of agency³. A medical centre that is prepared to care for survivors can also connect the survivor with other support services that are helpful for healing. A hospital/medical centre can also tend other medical needs where relevant.

On the other hand, the experience of having a medical forensic exam too can cause distress, in particular if the medical centre is not prepared and its staff are not trained to care for survivors^4,5. Identifying a medical centre with experience caring for survivors, and understanding what the exam will entail in advance of having it done can help to mitigate the risk of distress and re-traumatisation^4,5. Women’s organisations and sexual assault crisis centres can typically connect survivors with a befriender or an advocate that is knowledgeable about the process and who can accompany the survivor for emotional support.

Based on research, cases with physical evidence have been reported to be more likely to lead to arrest, be referred to the prosecutor, be charged, as well as result in conviction and have been associated with harsher sentences than cases without physical evidence⁶. Even if the perpetrator is not prosecuted, their DNA may be added to a national database, making it possible to connect them to any future offences¹. In some localities (e.g. countries, states) the victim is required to file a police report should they request a rape kit while in others these are two independent decision making processes, and the victim can have the kit done and decide later if they want to make a police report.

If you have decided to report the sexual assault with the authorities, you will need to make a police report. If it happened abroad, the report would usually still need to be made with the local authorities in the country where it happened – your nearest Embassy or Consular may be able to help you navigate the local police and medical systems.

Statistics can differ somewhat based on the source and country, however they typically conclude that sexual assault is a highly underreported crime. According to a Justice Department analysis of violent crime in 2016 78 percent of rapes and sexual assaults go unreported.²¹ A US Department of Justice report in 1993 concluded that reporting is even more rare when the perpetrator was someone the victim knew – less than 2% of acquaintance rape victims report the assault versus 21% of women raped by strangers.²⁵

Empowering victims by giving back control can be helpful for recovery² and taking action can help the survivor regain some sense of agency³. In some localities, individuals may also be able to access treatment and counselling free of charge when they report the assault.

The conduct of the people working in the criminal justice system can either increase or ease the distress involved in reporting⁷. A poll conducted by Global/Ipsos in Canada on those who chose to report it to police, found that their assessment of the outcome of that experience appears to be more negative (71%) than positive (22%).

Feelings about the outcome included:

• 2% felt “vindicated”
• 22% felt “satisfied”
• 37% felt “distraught”
• 39% felt “abandoned”
• 39% felt “devastated”⁸

Women that weren’t satisfied with the experience, described that police interactions left them feeling unsupported, disbelieved, blamed or judged, re-victimised, and shamed.⁹ Women’s organisations and sexual assault crisis centres can typically connect survivors with a befriender who is knowledgeable about the process, can accompany the survivor for emotional support and help her navigate the process as well as advocate for her rights onsite.

Some complaints to the police can result in criminal proceedings, and if the perpetrator is found guilty in them being punished. Reporting does not, however, guarantee that the perpetrator will be prosecuted and/or convicted^3,6. However, even if the perpetrator is not prosecuted, the report will be on file if they commit any future offences.

If you are not ready to make a police report, you could consider documenting what happened with an electronic time stamp and storing it for possible future reporting. Safe storing is of the essence to mitigate the risk of the documentation falling in the wrong hands.

Writing down what happened could potentially be distressing, and/or helpful in processing what happened. You may want to consider speaking with a therapist on best approach and to ensure you have support with processing possible distress arising from writing it down.

If you decide to later make a police report, documenting what happened can help you retain your memories. Some complaints to the police can result in criminal proceedings, and if the perpetrator is found guilty in them being punished. Reporting does not, however, guarantee that the perpetrator will be prosecuted and/or convicted^3,6. However, even if the perpetrator is not prosecuted, the report will be on file if they commit any future offences.

Women’s organisations and sexual assault crisis centres can typically offer case manager services for those affected by sexual assault. You can approach a women’s organisations and sexual assault crisis centres even if you are not sure if you define your experience as sexual assault.

An advocate or case manager can serve as the primary initial point of contact for victims of sexual assault, and help to:

• Provide support for the victims’ immediate needs
• Assess safety concerns, provide information on resources that are available
• Make sense of what happened in a supportive and non-judgemental environment. If the survivor is not sure how to define their experience, an experienced advocate/case manager can support
• Navigate the survivor’s options (e.g. seeking counselling, making a police report, writing down what happened), empower the survivor to make informed decisions and coordinate the services the survivor expresses they want to access

Empowering victims by giving back control can be helpful for recovery² and taking action can help the survivor regain some sense of agency³. Furthermore, a case manager can typically help survivors identify short-term coping methods (e.g. re-establishing a sense of safety, breathing and grounding exercises), help to identify their emotions and symptoms (e.g. with the help of self-diagnosis tools) as well as support in identifying possible long-term resources for healing (e.g. connect with a therapist). They can also help to empower survivors to make informed decisions. 

Some women’s organisations and/or sexual assault centres, depending on the locality, may be able to offer counseling or therapy sessions for survivors free of charge of at discounted rates.

Case managers can typically advise survivors about how to make a police report, connect them with a befriender to accompany them if they decide to move forward, and help them find legal assistance where relevant. Some complaints to the police can result in criminal proceedings, and if the perpetrator is found guilty in them being punished.

Other considerations: You can ask about confidentiality and it’s possible limitations in case you decide to make a police report/pursue legal action. 

The strength of the victim’s social support system has been shown to positively correlate with healing.¹¹  On the other hand, if the survivor believes that others have failed to react in a positive and supportive manner, there is also a greater risk of PTSD.²

Feelings following disclosure were:

• Based on one study participants reported receiving high levels of social support and low levels of disregard from others. Yet, negative responses from others had a stronger impact on well-being than did positive responses.¹⁰
• Of the study participants, majority did not regret disclosing with 18% wishing they had not told someone, most commonly female friends and mothers.¹⁰
• The most common reasons for regretting telling a person were that they made them feel ashamed or embarrassed and that the assault was their fault or they deserved it.¹⁰
• Survivors who delay disclosing (i.e., “slow starters,” or those who wait at least 2 weeks before telling anyone) reported experiencing fewer negative reactions from others, and are also less likely to disclose to law enforcement and medical professionals
• Crisis disclosers report experiencing more negative reactions from others compared to slow starters,¹⁹ perhaps due to being less selective (e.g. disclosing due to proximity/availability vs expected level of support or knowledge, which increases the likelihood of receiving a negative response.²⁰ Negative responses may be the reason why crisis disclosers may also stop disclosing.¹⁹

The reactions of the first people the survivor tells typically have a profound impact on the survivor’s journey¹¹ and therefore, it’s often recommended to start with the people the survivor trusts most to react supportively where possible. 

Support from loved ones can be helpful in reporting. Furthermore, some survivors may choose to delay reporting until they feel better prepared to handle it emotionally³. Social support received from loved ones may be able to help the survivor gather emotional resources.¹¹

Based on research, survivors report better outcomes when short-term crisis intervention is followed by long-term services such as individual counseling combined with group support work.¹² 

Some survivors may choose to delay reporting until they feel better prepared to handle it emotionally.³ Counselling or therapy can be helpful in regaining emotional resources.¹²

Other considerations: You can ask about confidentiality and it’s possible limitations in case you decide to make a police report/pursue legal action. 

Based on research group therapy and/or peer-led groups can provide empathetic and safe environments to share experiences with others thus having a positive impact on survivors’ well-being.^16,17 There is a risk of painful memories being triggered, however this is interconnected with reciprocal healing.¹⁷

One study found that group members were more comfortable in a peer-led group and acquired more knowledge and skills in a professional-led group.¹⁶

Some survivors may choose to delay reporting until they feel better prepared to handle it emotionally.³ A support group can be helpful in regaining emotional resources.^15,16

Other considerations: You can ask about confidentiality and it’s possible limitations in case you decide to make a police report/pursue legal action. 

Empowering victims by giving back control can be helpful for recovery² and taking action can help the survivor regain some sense of agency³. Womens organisations and sexual assault centers may be able to connect survivors with legal firms with experience and sensitivity towards working with survivors.

An attorney can help survivors navigate what legal measures are available to them (e.g. criminal and/or a civil case). If the survivor decides to take action in the form of e.g. making a police report or filing a complaint it might lead to the perpetrator being held accountable. For example some complaints to the police can result in criminal proceedings, and if the perpetrator is found guilty in them being punished. Reporting does not, however, guarantee that the perpetrator will be prosecuted and/or convicted^3,6. However, even if the perpetrator is not prosecuted, the report will be on file if they commit any future offences.

Empowering victims by giving back control can be helpful for recovery² and taking action can help the survivor regain some sense of agency³. A place of study or work that is prepared handle sexual assault claims may also be able to connect the survivor with other support services that are helpful for healing (e.g. therapists or counselors) and/or help to navigate other options (e.g. medical leave where relevant). 

The conduct of the people handling the complaint can either increase or ease the distress involved in making one. If the people involved handle the complaint and/or investigation well from the survivor’s point of view, and the outcome meets their expectation, it can make the survivor feel heard and supported. Furthermore, if the outcome leads to the survivor no longer being re-exposed to the perpetrator this too can ease distress. A poorly handled complaint or investigation can do the opposite.

People who file grievances do frequently face retaliation¹⁸. If you are retaliated against or if no action is taken by your place of study or your employer, you may be able to file a complaint with a POC governing your rights (e.g. a IX Coordinator in the US) or a government agency (e.g. a Labor Office) respectively depending on the country (deadlines often apply). An advocate at a sexual assault centre or women’s organisation may be able to help the survivor navigate the process of filing with the Labor Office, and/or help to connect the survivor with a lawyer to navigate options.

HR decisions can be made based on victim testimonials and credibility assessments alone. That means while in court proceedings the standard of proof without ‘reasonable doubt’ can be required (depending on the locality), in HR investigations it is typically not required. Some complaints to place of study or work (e.g. HR) can result in consequences for the perpetrator including expulsion or termination of employment. Reporting does not, however, guarantee that the perpetrator will face consequences.

If the perpetrator is expelled from school or their employment is terminated it can limit their access to create opportunities to assault other women at the survivor’s place of study or work. However, it leaves the door open for the perpetrator to offend elsewhere.

Other considerations: You can ask about confidentiality and it’s possible limitations in case you decide to make a police report/pursue legal action. Additionally, you can ask about retaliation policies in case you experience negative consequences at your place of study or employment after you report.