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Below is information you may find helpful in the aftermath of a sexual assault:
Immediately following a sexual assault, there are a few key things for you to do:
Remember ... you are not alone!
Foothills Alliance is equipped to help you and your family. All survivors of sexual assault and their loved ones are welcome to take advantage of the services offered at no cost. Please use our 24-hour hotline, (800) 585-8952, for immediate crisis counseling, information, resources, referrals, counseling and/or support.
You have just experienced a terrible crime, and the effects of sexual assault can be devastating. You may be experiencing some of many of the effects listed below, which can be divided into three main categories: psychological, physical, and social:
| Psychological |
Physical |
Social |
- Guilt and shame
- Confusion
- Anger
- Helplessness
- Depression
- Fear and anxiety
- Denial of the assault
- Post Traumatic Stress Disorder (e.g. nightmares, flashbacks)
|
- Changes in appetite
- Sleeping difficulties
- Stress-related illness
- Alcohol/drug abuse
- Soreness
- Muscle Tension
- Stomach pain
- Vaginal irritation
|
- Isolation and withdrawal
- Difficulty trusting people
- Interpersonal conflicts
- Decline in academics
|
The psychological trauma caused by a sexual assault can be severe and long-lasting. Because people react in very different ways to stress, it is not possible to predict exactly how you will feel. Each person is unique. Although many survivors experience similar reactions, there are still individual differences in how they respond to the trauma of sexual violence.
You may experience some or all of these symptoms. They may occur immediately, or you may have a delayed reaction weeks or months later. Certain situations, such as seeing the assailant or testifying in court, may intensify the symptoms or cause them to recur after a period during which you have been feeling better.
Survivors of sexual assault experience a wide range of reactions. Some have said that after the assault their emotions go up and down or from one extreme to another. It is important for you to know that what you are feeling and thinking right now is okay. Although guilt and shame are common reactions to sexual violence, you do not deserve what happened to you and it is not your fault. Your reactions are your own way of coping with the crime that has been committed against you. There is no standard response to sexual assault. You may experience a few, none, or all of the following:
| Reaction |
Description |
What you can do |
| Shock and numbness |
Feelings of being "out it it", confusion, being easily overwhelmed, not knowing how to feel or what to do.
You may react in a way that is similar to your reactions during other crises in your life (for example with tears, irritability, nervous laughter, withdrawal). |
Be aware that these are normal reactions to trauma. Each person handles crises differently, so think of things that helped you get through crises in the past. Get help to sort out what you would like to do and how you may want to organize your thoughts, time, and decisions. Be compassionate toward yourself; and give yourself time to heal. |
| Loss of control |
Feeling like your whole life has been turned upside down and that you will never have control of your life again. Your thoughts and feelings seem out of control. |
Try to get as much control over your life as you possibly can, even over small things. Ask for information that may help you sort out your thoughts and feelings. Use outside resources, such as counselors and legal professionals. Ask how other people have handled similar situations. Try to make as many of your own decisions as possible. This may gradually help you regain a sense of control over your own life. |
| Fear |
Fear that the rapist may return; fear of your general physical safety; fear of being alone; fear of other people or situations that may remind you of the assault. |
If you want company, do not hesitate to ask familiar people to be with you day and night. You may want to make your physical environment feel more safe (moving, making your home more secure, getting to know your neighbors better, or taking a self defense class). |
| Guilt and self-blame |
Feeling like you could have or should have done something to avoid or prevent the assault; doubts regarding your ability to make judgments. |
No matter what the situation was, you did not ask to be hurt or violated. Try to surround yourself with supportive friends and family who understand that this experience was not your fault. |
| Isolation |
Feeling that this experience has set you apart from other people; feeling that other people can tell you have been sexually assaulted just by looking at you; not wanting to burden other people with your experience. |
Recovering from an assault can be a very lonely experience. However, you are not alone in what you are feeling. You may find it reassuring to talk to others who have been raped, or to a counselor at Foothills Sexual Trauma Center who has worked with survivors of sexual violence. |
| Vulnerability, distrust |
Feeling that you are at the mercy of your own emotions or the actions of others; not knowing who to trust or how to trust yourself; feelings of suspicion and caution. |
Trust your instincts about who you want to talk with about what has happened to you. Try to talk with people who you have found to be the most dependable in the past. Select those who have been good listeners and non-judgmental. Feelings of general suspicion will subside as you begin to find people you can trust. |
| Sexual fears |
Feeling that you do not want to have sexual relations; wondering whether you will ever want or enjoy sexual relationships again; fears that being sexually intimate may remind you of the rape. |
Try to tell your sexual partner what your limits are. Let your partner know if the situation reminds you of the assault and may bring up painful memories. Let your partner know that it is the situation, not him/her, that is bringing up the painful memories. You may feel more comfortable with gentle physical affection. Let your partner know what level of intimacy feels comfortable for you. |
| Anger |
Feeling angry at the assailant. You may find yourself thinking about retaliation. You may be angry at the world since you no longer feel safe. If you are religious, you may feel angry that your faith did not prevent this. |
Be accepting of your anger. Thoughts of committing violence toward the attacker do not mean that you are a violent or bad person. You have the right to feel angry about the violation you have experienced. You may want to talk to people who understand this. |
| Disruption of daily activities |
During the first few days or weeks after the assault you may feel preoccupied with intrusive thoughts about it. You may experience difficulty concentrating, nightmares, sleep disturbances, changes in appetite, startle reactions, phobias, general anxiety or depression. You may have memories of a prior crisis. |
Although these are common reactions, they can be quite disturbing. Take things very slowly. Some people find it helpful to keep a notebook at hand to write down feelings, thoughts, ideas, or details of the assault. Keeping the thoughts and feelings in one place may make them feel more manageable. |
You may be wondering who you should tell or what you should say to significant people of in your life. Parents, friends, employers, neighbors, and your partner can be sources of support and solace. Follow your own heart when deciding who to turn to. You may worry that you are relying on others too much. It is okay to ask for help in times of crisis. People who truly care about you will want to help; however, they may need to be told how to help you. Try to avoid asking or allowing others to make decisions for you. It will help you regain your feelings of control if you make your own decisions. It is okay to tell people what you need from them. It is okay to say:
- I don't want to be touched.
- I need to be held.
- I would like to talk about what happened.
- I don't want to discuss that.
- I’d like for you to sit with me while I call the police
Recovery is a process that is different for everyone. Sometimes the first reaction is shock, disbelief, and fear. You may respond by appearing very upset, or by appearing calm and controlled. You may be unsure who to tell or what to do, and may not even be sure of how you feel. Experiencing so many different emotions is a part of working through what has happened to you. Right now, you may wonder when you will "get your life back." Or, perhaps you are not feeling much at all. There is no right or wrong way to react to sexual assault. Many survivors have found that self- acceptance, patience, time, and support from others has helped them recover.
Please see Counseling Services for information regarding available services and counseling benefits.
The following information is given to assist you in your understanding of the legal procedures involved in a sexual assault case. Because all cases differ, do not be concerned if the handling of your case deviates from the information given below. If you have any questions about the correctness or purpose of a legal procedure, you should speak with your attorney.
Police's Role and Procedures
Law enforcement’s job is to assure that you are taken care of and that evidence is gathered. It is a good idea for you to contact the police even if you are not sure about prosecuting the case. It is better to have the evidence gathered, even if it is not used, than to lose the evidence and later try to prosecute later. When reporting to the police, you do not have to decide whether you want to press charges at this point.
| Procedure |
Description |
| Immediate assistance |
Law Enforcement will follow a routine procedure when you report a sexual assault:
- Transport or meet you at the hospital for treatment, and gather evidence.
- Connect you with needed services.
- Interview you and any other witnesses. The initial police interview will be fairly short.
- Examine the scene of the crime and collect any available physical evidence (e.g. hair, skin, blood, semen samples, fingerprints, photographs).
- Assign an investigator trained to handle sexual assault cases, who will be called in and will conduct follow-up investigations.
- Take steps to identify perpetrator (if unknown to the victim), and to arrest perpetrator as soon as possible. Please note that an arrest does not always occur or it could take a long time to complete an arrest.
- Testify at all hearings as to their findings.
This process may take days, weeks, months or even longer. The investigator may contact you on several occasions to obtain all the information needed for the case. |
| Providing an official statement; investigation |
After the initial law enforcement contact, you will need to give them a statement in your own words about what happened to you. This includes a description of the offender (if it was a stranger) and where the attack happened. You may be asked to sign this statement. If you remember other information at a later date, you should call the police to correct your statement.
It is very important not to wash or throw out any items related to the assault. You should tell the police about these items because they may need to collect them (including clothing or linens) as evidence.
Someone from the investigator’s office (a prosecutor or an investigator) may contact you after the offender is arrested. You also may be contacted by a Victim Advocate who works with the solicitor’s office or law enforcement. |
If you choose not to report the assault ...
You will not automatically receive an Evidence Exam when you are at the hospital. You will, however, receive a general medical exam. You CAN change your mind and file a report to the police; but it is important to know that your physical evidence will not be as substantial without the Evidence Exam. You have 72 hours after the incident to change your mind and receive an Evidence Exam, but it is better to have evidence collected as soon as possible. Most evidence will be expired by 72 hours after the incident.
When you are in the hospital, an advocate from Foothills Alliance will be called by a nurse to visit you during the examination/evidence gathering process. You can decide if you would like for the advocate to stay with you or if you would prefer to be alone. The advocate will provide fresh clothing for you to wear home and will be there to support you throughout the process. Again, it is your choice if you want her to stay. Follow-up counseling is available through Foothills Alliance and it is highly recommended.
Solicitor's Role and Procedures
The Solicitor represents the state’s interest in having the perpetrator brought to justice and is responsible for criminal prosecution. You will not have to have an attorney; an attorney in the Solicitor’s office will be assigned to pursue the case against the accused.
| Procedure |
Description |
| Evaluating evidence |
Evaluating evidence from law enforcement to determine if enough proof exists to convince a jury of guilt. If the Solicitor does not believe the evidence supporting the case is strong enough, the charges may be dropped. Dropping the charges does not mean that the State does not believe you, only that the evidence is too weak. If new evidence becomes available, charges may be brought forward for prosecution at a later date. |
| Appearing at a bond hearing |
The hearing is to determine if the accused will be kept in jail or free until trial. Bond is a payment of money or security in the form of property given to the court to assure the accused will appear at trial. The Solicitor may oppose bond or request a high bond if the crime was violent, or if there is reason to believe the accused will flee. The Solicitor can request the Court to require that the accused stay away from the victim as a condition of bond. |
| Conducting a preliminary hearing |
Approximately three weeks after the bond hearing, a preliminary hearing is held. The purpose of this hearing is for the Solicitor to present enough incriminating evidence to the judge to justify sending the charge to the grand jury for formal indictment. As with the bond hearing, you will have the option of attending the preliminary hearing. However, in some cases, the solicitor may require you to be there. After the hearing the judge has two options: dismiss the case because there isn't enough evidence, or send the case to the Grand Jury. |
| Supervising presentation of the case to the grand jury |
A jury of 18 local citizens reviews the evidence and determines whether or not to indict the accused. The solicitor may ask you to testify, but usually does not. The Grand Jury will either issue a "No Bill" in which they decide that the case will not go to trial, or a "True Bill" or indictment, where they decide that the case will continue to be bound over the General Sessions Court and eventually go to trial. |
| Negotiating any plea agreement |
A plea agreement can be reached at almost any point in the case and is usually initiated by the accused. Factors considered in entering a plea agreement include strength of prosecution case, caseload, and survivor's wishes. Some victims prefer a plea agreement since there is no trial and no need to testify. Other victims may oppose a plea agreement because they feel the accused may not be punished appropriately. |
| Conducting the trial |
The Solicitor prepares the case for trial and presents it in court. Someone from the Solicitor's office will help prepare you to answer questions in court. If your case goes to a jury trial you will receive a subpoena, a written summons ordering you to appear in the courtroom on the day of the trial. The first day of the trial is used to select a jury.
You may then be called to tell the story of what happened to the Jury. The Solicitor will ask you questions to help you tell what happened. Then the attorney for the accused (with limited exceptions) will ask you questions. They cannot ask you questions about any other sexual experiences you have had. Medical personnel may testify along with other witnesses, including police officers and people that may have been there right after the assault occurred. After everyone has testified the accused lawyer can call witnesses. |
| Jury verdict |
After all the evidence has been presented, the Judge will instruct the jury on the law and emphasize that guilt must be determined by the presence of the evidence beyond a reasonable doubt.
The jury will move to a private room to discuss the case. Its vote must be unanimous; all 12 must vote one way. When they return to the courtroom, one of the jurors renders their decision to the court. If the defendant is found guilty, then you have the option to express your feelings about sexual assault. If you do not want to do it verbally, you may turn in a "Victim impact statement" which will help the judge determine a sentence.
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Comparison of Criminal Case vs. Civil Case
| Issue |
Criminal case |
Civil case |
| Type of case |
A criminal case will be opened if you wish the assailant to be charged with a crime and prosecuted by the state.
It is a criminal case if the state is charging one or more individuals with a crime.
The Rape Shield Law applies. This means your past sexual history cannot be used in court with limited exceptions.
|
A Civil Case is opened if you wish to hire a private attorney to sue the assailant or a third party for personal damages.
You can sue a third party, a business or a person, who failed to provide reasonable safety. Usually this requires a relationship such as employee-workplace, student-campus, guest-hotel, tenant-landlord, etc.
A civil suit can be used alone, in addition, or after a criminal case.
|
| Court decision |
The defendant (assailant) must be found "guilty beyond reasonable doubt."
Once tried as a criminal case, it cannot be tried again in criminal court.
|
Standard of proof is lower, meaning that the jury does not have to be unanimous for you, the victim, to prevail. |
| Evidence exam |
An evidence exam within 72 hours of the incident will serve to collect as much evidence as possible. |
The evidence exam may also be used in a civil case. |
| Fees |
Your medical fees are paid for by the state through the State Office of Victims Assistance (SOVA) funds. |
If you win, the defendant is ordered to pay money for damages caused. These may include medical expenses, loss of income, tuition, pain and suffering, etc. |
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