By John Arthur 
How to Know Your Legal Rights as a Sexual Assault Survivor
The legal process can be daunting to engage with, especially when in the throws of a traumatic experience. The good news is that the system is different today than it once was. The rights of survivors have expanded significantly over the past few years due to the work of advocates and changes to state and federal legislation.
The Problem:
Survivors often face the daunting task of engaging with a legal system that has, historically, not treated them well. However, it is becoming easier and easier for survivors of sexual assault to know their rights and hold offenders accountable.
What You’ll Learn:
- What to Know about Your Basic Legal Rights
- Streamlined Legal Reporting Process
- Civil Lawsuits & Compensation Fund Options
- Protection Orders & Safety Measures
- Legal Advocate Guidance for Survivors
- Differences in Rights by State
Know Your Legal Rights as a Sexual Assault Survivor
Sexual assault survivor resources have changed dramatically over the past 10 years. Legal organizations like Kayla’s Survivors are committed to ensuring survivors understand their legal rights and have access to extensive support and options throughout the process of seeking justice.
Every survivor is entitled to know the rights they have from day one after experiencing sexual assault.
Here are the things that every survivor should know:
One of the most basic things that every sexual assault survivor should know is that you always have a choice. The decision to report, when to report, how to move forward, and so on are all in your control.
The rights you have as a survivor include medical care, forensic exams, access to victim advocacy, and legal representation. There are now states that require you are made aware of your rights as a survivor as soon as you report.
However…
Only 310 out of every 1,000 sexual assaults are reported to law enforcement. Knowing your rights in a criminal justice setting is important. It is equally important for survivors to know their rights outside of the criminal justice system.
Sexual Assault Reporting Made Easy
Reporting sexual assault is not something most people are looking forward to. It’s an understandably difficult thing to do. Understanding the process will help you know your rights and make informed decisions along the way.
As a survivor you have the right to:
- Report your assault to law enforcement officials at any point, as long as it is within the statute of limitations.
- Have a victim advocate present during police interviews.
- Receive medical care and forensic exams at no cost to you.
- Request that the assigned detective or law enforcement officer be of your gender preference.
- You are also entitled to updates on the status of your case.
The good news is that you are not required to participate in the prosecution, even if you decide to report the assault. Reporting to the police preserves evidence and initiates the legal process, but you maintain control of how involved you wish to be.
Many survivors don’t realize that creating a paper trail for their assault by reporting to law enforcement can come in handy later if they decide to change their mind about pressing charges.
Civil Lawsuits & Compensation Fund Resources
Survivors should never be expected to use their own money for support or to seek justice after a sexual assault. Most states have crime victim compensation resources for survivors of sexual assault.
This includes things like medical bills, ongoing therapy, lost wages, legal fees, court costs, relocation assistance, and more.
Fun Fact…
You do not need to have a conviction to take advantage of crime victim compensation resources. The requirement is often simply cooperation with law enforcement or having a police report filed.
Civil lawsuits are an additional option for monetary damages. Civil suits have a lower burden of proof and can result in compensation for pain and suffering, in addition to medical expenses.
Costs can add up quickly with the estimated lifetime cost of rape being as high as $220,000. Financial resources are a crucial component of recovery and stability.
Restraining Orders & Safety Measures for Survivors
Safety should always be a survivor’s first priority. The legal system offers a variety of protection orders and safety measures that can be put into place. They are called protection orders (or restraining orders) and:
- They can be obtained quickly and do not require that criminal charges are filed.
- Prohibit the offender from contacting you.
- Stipulate that the person stay away from your home, work, and school.
- Temporary custody orders can be obtained for minor children.
- Include immediate legal recourse if the order is violated.
Most importantly, emergency protection orders can usually be obtained the same day you apply. You do not need an attorney to request an order, and most courts will have advocates on staff to assist with the paperwork.
Enhanced protection orders that include GPS monitoring and automatic notification if the offender is in violation are also being implemented in some states.
Working with Legal Advocates for Help
You never have to deal with any of this alone. Victim advocates are specially trained professionals who know the legal system and understand trauma. They are your advocates through the entire process.
Legal advocates can help you:
- Understand your rights and options.
- Help you navigate the court process.
- Communicate with the prosecutors and defense attorneys involved in your case.
- Connect with community resources and support services.
- Help prepare a victim impact statement.
A little-known fact many survivors aren’t aware of – Advocate communications are often privileged and can not be forced to testify about conversations.
It creates an environment of safety where a survivor can be honest about their needs and concerns without fear of it coming back to bite them legally.
Survivor Rights Vary by State
Sexual assault survivors legal rights can vary quite a bit depending on what state you are in. Some states have a very comprehensive “Sexual Assault Survivors Bill of Rights” set in place. Others are still playing catch up.
The differences are important:
Progressive states offer extended statutes of limitations on both criminal and civil cases, mandatory law enforcement training on trauma-informed interviewing, victim notification requirements, and privacy protections. Automatic evidence preservation and state-specific victims’ bills of rights also exist in some states.
Key areas in which the states laws and rights offered to survivors differ:
- Preservation of rape kits.
- Ability to access police reports.
- Notification when evidence is tested.
- Privacy in the courts.
Do your research or work with a local advocate who can help you understand the legal landscape of your state.
Wrapping it all Together
Legal rights for sexual assault survivors are only getting stronger. The system has flaws but it is better today than it was a few years ago. Advocates, changing legislation, and an increase in resources are all making a difference.
The rights you have as a survivor include medical care, victim advocacy, monetary support, and legal protections. This is the case even if you do not plan on pursuing criminal charges.
The takeaway is this:
Knowledge is power. The more you know about your legal rights the more control you will have over your healing process and pursuit of justice.
Legislation at the state and federal level continues to adapt and change, with many new laws being passed in recent years that increase the rights of sexual assault survivors.
Take the time to:
- Seek out victim advocacy organizations
- Learn about the specific laws in your state
- Build a network of support that includes legal resources
Pursuing justice and healing are not mutually exclusive. You can and should do both at the pace you need with the support and protections you are owed.