Reporting a rape. How the process works.

[SouthernDem2004]

The motivation for this post comes from a conversation I had with a rape victim a few weeks ago. We talked months after the attack and she stated that one of her biggest fears about the rape was reporting it to the Police. Her concept of what would happen was based on TV and movies. These are not very accurate or informative sources. So, let me go over quickly what will occur in most incidents. It may vary with very small agencies. Maybe this will encourage someone to report an assault. Worth a try…

Once a rape occurs you have two ways of reporting it. You can call the Police or you can go to the hospital. If you go to the hospital they will call the Police.

Let me break it down…

a) You call the Police.
b) The Police arrive and take a brief statement to determine what crime has been committed.
c) The suspect will be arrested if on scene or if he can be located.
d) The Police will take or send the victim to the hospital.
e) The crime scene will be secured and evidence recovered. A search warrant will be obtained if necessary.

At the hospital….

a) If the Police have not been called the hospital staff will do so.
b) The hospital will also contact a rape counselor who will respond to the hospital.
c) The victim will be treated for injuries.
d) The Police will arrive and take a brief statement to determine what crime has been committed. In larger agencies a detective will respond to get a statement.
e) A search warrant will be obtained for the crime scene.
f) The suspect will be arrested on scene or if he can be located.
g) The hospital will do a Rape Kit. A Rape Kit is a standardized kit. The nurse/doctor will take whatever fluid samples are available. They also take all of the victim’s cloths. (The hospital, Police or rape counselor will provide cloths.)
h) A place for the victim to stay will be obtained if the victim is unable to go home and a family or friend is not available. The victim can stay at the women’s shelter.
i) The rape counselor will be at the hospital to help the victim. The counselor will also stay with the victim as long as needed.

(The hospital part does not take long unless the victim is injured. About an hour.)


A couple of things of note:

Rapes are usually committed by someone the victim knows. A husband/wife can rape their spouse. A boyfriend/girlfriend can rape their boyfriend/girlfriend. It does not matter if you willingly had sex with the suspect 15 seconds before. No means no.

It is never to late to report a rape. It does not have to be the same day.

The old style suspect line-ups you see on TV are usually a thing of the past. We do photo line-ups now. The victim and suspect never even get close to each other.

If you would rather speak to a female Officer, ask for one.


That’s all I can think of right now. If a person rapes once they will do it again. Reporting a rape can save others.

Police agencies vary around the world. Procedures vary also. If your agency does not do its job do not settle. Complain to the chief, mayor, governor or Senator. Go to your local media.


Peace

[ayeshahaqqiqa]

1. Thank you for this information

I would like to add that if the victim is someone of diminished capacity you might not find out about the rape unless it results in pregnancy. I know someone who is physically and mentally handicapped who had this happen. Make sure the police take it seriously. Unfortunately in this case, the cops didn't; an abortion was performed, and they didn't secure any tissue samples for DNA matching with the men in the victim's household or any other man. The case was dropped, and the cops casual about it, all because, I believe, of the mental capacity of the victim.

[Celeborn Skywalker]

2. Kick!

Very good info, thanks.

:dem: :kick:

[Tallison]

3. I'm not sure it's a good thing that

the hospital automatically contacts the police. This may deter women from seeking much-needed medical evals following an assault. It's also during those immediate post-trauma evals that critical evidence is collected should she later decide to contact police and press charges. I think that preserving a woman's ability to pace the timeline and content of an assault's aftermath is an important element of recovering from it.

[derby378]

5. Sorry - I'm not buying it

A rapist is not just a danger to the woman he just raped. He is a danger to all the other women in society - because one of them might be next.

A typical male needs only 15-30 minutes on average before he can safely attempt ejaculation again. That means speed is of the utmost importance in case a particular rapist happens to be of the serial variety. Get him off the streets NOW.

[Tallison]

11. But it's the victims' needs that are most immediate

after a trauma, and they are not all the same. It took me many years to grasp this point. It's a little patriarchal to assume a women can't decide on the best course for herself.

[derby378]

23. There is more than one woman involved...

...and I don't see where it's patriarchal to want to act with haste to apprehend a rapist who's being allowed to breathe free air and probably terrorize other women.

But I do agree that the victim's needs are of paramount importance. As long as lettng the perpetrator go isn't on the list - too many men have gotten away with this in the past.

[Tallison]

29. If conviction rate of accused rapists

were higher, your point would have more validity. As it is, if a woman's reluctant to report a rape, she'll likely make a reluctant witness for the prosecution. The point I'm making is that health care and law enforcement professionals need to counsel a woman into making the best possible decision for herself. In most cases that would involve reporting the attack, though that is not always the case, and when it's not, it's usually for damn good reason, sometimes comprehensible to only the victim. Be it a man or a woman, you've got to preserve that victim's sense of autonomy following an attack, less you compound their sense of powerlessness.

[derby378]

36. Duly noted

I appreciate your perspective.

[BlueIris]

6. I agree with you, Tallison. nt.

[SouthernDem2004]

10. Most if not all states have laws that require hospitals to report

suspicious injuries and possible crimes. Hospitals have no choice.

[Tallison]

12. I understand that

I'm an RN and have had to comply w/this law, even in cases in which it didn't appear to suit the victims' best interests. Ideally you keep working w/a person toward a decision that is acceptable to them. This is a truly empowering and therapeutic process that takes time and patience, of which there's very little in health care and law enforcement these days.

[SouthernDem2004]

22. Both of our professions are compelled to do things that may not always

be for the best. Unfortunately laws have taken the decision out of our hands. Similar to Police enforcing laws the do not agree with. Heck, I catch alot of grief around DU just for stating what those laws are.

Just an aside, I have several family members that are RNs. I also spend alot of time in the ER. Big fan of nurses and what they do.


Peace

[Tallison]

30. I take it you're a cop?

They're our professional cousins for so many reasons. Nights, weekends, holidays? You're never truly off-duty. Witness suffering? Encounter ethical dilemmas? Enmeshed in bureaucracy, paperwork and legalisms?

People sometimes say prostitution is the oldest profession. I say nursing and law enforcement are close seconds. Any doubt? Go watch an episode of "Deadwood."

[SouthernDem2004]

35. Been a Cop for longer then I like to admit. Getting old I guess...

Worked graves most of my life by choice. Heck, I spend more time with ambulance crews and ER staffs then anyone else. :)

[noamnety]

27. I'm not sure it's a good thing either

Having seen what a family member went through as a result of reporting it, I can't condone automatic police involvement.

I did before I saw the process in action, but not now.

1. The stranger that abducted my sister and raped her would never have known who she was or where she lived if she hadn't pressed charges - but because she did, he was given access to her full name and address. She lived in fear of him tracking her down until the day she moved.

2. She was considered a "witness" and the state was the "victim." This meant that the state appointed the prosecuting attorney, she had no power to select one. He was hostile to her, didn't have his facts straight, did things like claim she was dressed provocatively (she was wearing farmer overalls and a sweatshirt!), he claimed she was out walking alone at 5am - implying she was returning from a night of partying or sleeping around, when in fact she was walking at 10pm home from work, was abducted, and walked home FROM THE RAPE at 5am.

3. After the initial grand jury or whatever you call it, they postponed the trial again and again and again and finally after a year decided not to bother with it at all, stating that after a year, they ASSUME the rapist has jumped bail. They didn't even bother going to his house to check. Nothing. They put her through hearings, disclosing her identity, public humiliation, and in the end ... just let him walk without a trial.

Screw that. All the fancy talk about saving some other potential victim is just that - talk. She endangered and traumatized herself for absolutely no reason at all. The state basically raped her a second time.

[Tallison]

31. That's sad but all-too common

Many times I've heard victims report feeling as though they've been "raped twice" after going through the system as a prosecution witness. There's a lot of educational work to be done on the cultural and legal front regarding victims' rights.

[kath]

32. Jeebus H. Christ on a trailer hitch - the *prosecuting* attorney was

hostile to her?!?!

It makes me sick to my stomach to read what happened to your family member. :-(

[Generic Other]

4. If you are fearful of pressing charges, third party report can be made

This allows the police to maintain a file on a particular person in case he commits a similar crime again.

[mcscajun]

7. Thank you for this 'public service announcement'

Everyone, especially women, needs this information Before something happens.

Knowledge is Power.

[Krupskaya]

14. Men, too, since they're the ones doing the raping, usually.

It's not about teaching women to be afraid and on guard -- it's getting the men to stop it.

[proud2BlibKansan]

8. Thanks great idea

Good info that hopefully none of us will ever need.

[spuddonna]

9. Thank you so much! This is awesome info...

I wish I'd had this info before I went to college! It should be standard info given to young women everywhere in the US.

I remember being told how to defend myself against attack in HS, but never what to do if I or someone I knew was attacked...

[GreenPartyVoter]

13. I helped a friend through this process. Worst thing that happened was the

day we went to court to get a restraining order (or something like that. It has been years and I was a scared no-nothing 18 yo) the guy who did it was right there in the foyer of the building. She panicked and tried to leave. It was a mess.

I wish someone had thought of this possibility and held him off in a room where they wouldn't have crossed paths.

[ray of light]

15. Not all

Police are sensitive to the emotional needs of a rape victim. AND in fact often will try to "trip them up" as if they are the criminal instead of the victim.

[tx_dem41]

16. SD2004.....you continue to impress me.

Its great having you in our community. Thanks.

[Krupskaya]

17. There are, of course, many exceptions...

It doesn't happen this way every time. Try reporting a rape if, say, you're a prostitute or thought to be one.

[Tallison]

19. Great point

And you know prostitutes are probably at much higher risk of becoming the victims of rape than the average woman. I can understand how many would be reluctant to come forward, for legitimate fear of dismissal by the system.

[SouthernDem2004]

21. You are correct. /nt..

[NMDemDist2]

18. thanks for the information SD, it may make the difference for one woman

who needs the attention of the medical and support staff after such a trauma. If you can help one woman in such a time by taking the "unknown" out of calling the authorities, it was well worth posting.

Thank you.

[jbnow]

20. I didn't know it would be rape here in the US

Since my mind is so on the war. This is important and thank you.

But it made me ache not just for those who go through it here, but what is the process in Iraq. A very different reality.

[Eloriel]

24. Yes. All rapists are serial rapists.

Excellent info. Thanks. Please bookmark and repost periodically, will ya?

[bobbieinok]

25. without hospital evidence, may be impossible to get a conviction, right??

also, police may be unwilling to pursue b/c of missing evidence?????

[SouthernDem2004]

34. Actually no...

The majority of rapist know their victim. A common defense is that the sexual contact was consensual therefore fluid evidence is useless. Most rape convictions are based on the victim's testimony.

Victim testimony is responsible for most convictions.

Also, it is usually the District Attorney that is unwilling to pursue. They often balk at taking the difficult cases. Wouldn't want to hurt their precious little conviction stats that they like to boast about during elections. The Police usually catch the heat when a crime is not pursued but in reality its the DA that made the decision.

[OKNancy]

26. Thank you for posting this SD2004

:thumbsup:

[southlandshari]

28. Hey SD04

Thanks for this post - very helpful, as unfortunately, none of us can predict if and when we will ever need this information.

:hi:

[Celeborn Skywalker]

33. Kick again

:kick: