A student’s guide to getting help after a sexual assault
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Following a sexual assault, it’s important to know your options for getting help from victim advocates, health care providers, law enforcement officers, and campus authorities. Some professional services are confidential, and others are not. Some may be available on campus, others in the community. Your options are not mutually exclusive. Policies and services vary by state and school.
If you decide to initiate an investigation, you have two options: law enforcement (police) and/or campus officials (via the Title IX coordinator). Support is available from victim advocacy programs in the community or on some campuses, and from medical, counseling, and pastoral services.
Before disclosing an assault, students should ask faculty or staff members if they are Title IX-responsible employees. “It’s wonderful that campuses are prohibited from sweeping reports under the rug, but it also means that even a casual disclosure to a professor may trigger a campus investigation, and students have the right to know that,” says Carmen Hotvedt, assistant director for violence prevention at the University of Wisconsin-Madison.
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POLICE
Services
Investigation of incident and
possible prosecution of perpetrator.
Confidential?
- Survivors have the right for their dignity
and privacy to be respected. - Confidentiality laws vary by state.
- If charges are pressed, survivors should discuss privacy and disclosure concerns with the prosecutor and/or legal counsel.
Timeframe
If you decide to report to the police, it’s best to do so as soon as possible. Some states have statutes of limitation (time limits for initiating legal proceedings).
POLICE
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
Immediate steps
The police will interview you about what happened. They will help you get to a health care provider for a medical examination and the collection of physical evidence. This could take several hours.
Next steps
You can decide to what extent you participate in the investigation and what information you disclose. In most states, whether or not to press charges is decided by the police or district attorney. Your wishes will be considered, but the choice is not yours. If charges are pressed, the case may be dropped later or resolved via a plea bargain or court proceedings. If it goes to court, you’ll be called to testify.
Good to know
- You are not required to report a sexual assault to the police.
- “Reporting” can mean involving authorities and possibly launching an investigation into a specific incident OR providing basic information to authorities for data-tracking purposes (without an investigation). Ask professionals to be specific.
Health services
The police can help you access health care.
Legal services
If charges are pressed, the district attorney will prosecute your case. You can file in court for a civil injunction (restraining order) against the perpetrator.
Personnel
Police officers. You can work with a same-gender officer if one is available. You can request that a friend, family member, or trained victim advocate accompany you.
Police training on sexual assault
The prospect of talking about a sexual assault with the police is intimidating. Police officers are trained to deal with sexual assault cases respectfully. Implementation is variable, however. Talk with a trained victim advocate about the pros and cons of reporting. Specifically, police officers are trained to:
- Accept all reports as valid unless evidence proves otherwise.
- Remember that silence isn’t consent.
- Interview, not interrogate.
- Respect the survivor’s immediate needs, such as safety or medical attention.
- Ask if the survivor would like a support person, such as a friend or survivor advocate.
- Give the survivor information on getting a forensic exam, if they haven’t already.
- Keep a detective on the case so the survivor can build trust with that person.
TITLE IX COORDINATOR
Services
- Coordinates and monitors campus investigations into complaints.
- Notifies and consults with students on their rights regarding a sexual assault complaint.
- Trains staff on Title IX issues (issues relating to sex discrimination).
Confidential?
- Reporting to your Title IX coordinator may result in a campus investigation.
- Usually, Title IX staff cannot share any information with police without your explicit permission. Ask about exceptions.
- Some faculty and staff members are Title IX-responsible employees. If you disclose the assault to a Title IX-responsible employee, that person is obligated to report it to the Title IX coordinator. This could trigger an investigation that you do not have the power to halt. You can choose not to participate in the investigation, or decide how much information you share, and you can request confidentiality. Your school must make clear to all students and employees which staff and faculty members are Title IX-responsible.
TITLE IX COORDINATOR
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
Immediate steps
The school may begin an investigation into the sexual assault complaint.
Next steps
- If you need protection from the perpetrator, the Title IX coordinator and/or other administrators can help you with safety measures, such as a “no contact” order.
- Accommodations to your academic or living situation might be handled by the Title IX coordinator, the Student Academic Resource Center, and/or other administrators.
- In an investigation, both sides would be able to present witnesses and evidence.
Timeframe
Any time. As soon as possible might give you more options.
Personnel
Any staff or faculty in the school, as long as they don’t have a conflicting duty.
Legal services
Can connect you to legal help.
Health services
Can connect you to health services, including campus services and/or a hospital.
Good to know
- At some schools, contacting the Title IX coordinator triggers an investigation. At others, the student can request accommodations without an investigation. Ask.
- Off-campus sexual assault should be treated the same way as on-campus assault.
- A school’s Title IX investigation is completely separate from a law enforcement investigation.
- A school’s Title IX investigation may be the same as the campus disciplinary investigation if the alleged perpetrator is a fellow student.
- On some campuses, Title IX reports are filed at the campus disciplinary board or conduct office, rather than the actual Title IX office.
- “Reporting” can mean involving authorities with the result of launching an investigation into a specific incident OR providing basic information to authorities for data-tracking purposes (without an investigation). Ask professionals to be specific.
FORENSIC NURSE EXAMINER PROGRAM AT THE HOSPITAL
Services
- Usually called SANE (sexual assault nurse examiner) programs.
- Forensic evidence collection involving a rape kit exam.
- Sexually transmitted infection (STI) testing and preventive treatment, and emergency contraception. (These are also available via other health care providers. In addition, some types of emergency contraception are available at pharmacies without a prescription.)
- Documenting any injuries and ensuring you receive treatment.
Confidential?
- Usually, forensic nurse examiners are not mandated to report the assault to the police, unless the victim is under 18. Some states vary.
- Forensic nurse examiners make physical evidence available to the police. A “Jane/John Doe Rape Kit” allows you to have evidence collected without revealing your identity. This way, you can choose to report the crime later, and still have access to the evidence.
FORENSIC NURSE EXAMINER AT THE HOSPITAL
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
Immediate steps
A specially trained medical professional will take a detailed medical history and do a comprehensive physical exam. This usually takes two to four hours.
Next steps
You will be given information about STIs and offered preventive treatment and/or emergency contraception. You may be given referrals for counseling, follow-up medical care, and other resources. Rape kits are turned over to local police as evidence. You should be informed how long the kit will be stored (this varies by state).
Program names include
SANE (Sexual Assault Nurse Examiner)
SAFE (Sexual Assault Forensic Examiner)
SARC (Sexual Assault Resource Center)
Health services
You’ll be treated for any injuries.
Timeframe
The sooner you go, the more evidence can be collected. Each state makes a determination about the timeframe: Typically, state authorities recommend that evidence be collected within either three days (72 hours) or five days (120 hours) of a sexual assault. Seeking health care earlier increases your chances of preventing STIs and pregnancy. However, survivors can seek medical attention outside these parameters.
Good to know
- If possible, don’t shower, brush your hair, or change your clothes before going to the hospital.
- You can refuse any part of the exam, but this might mean evidence is missed.
- Exams must be free or fully reimbursed by your health insurance company, whether or not you decide to report the assault to the police.
- If you have an exam that is not a medical forensic exam, you might be charged a fee. Other hospital costs (e.g., x-rays and lab tests) might be charged to you and/or your health insurance company.
- “Reporting” can mean involving authorities and possibly launching an investigation into a specific incident OR providing basic information to authorities for data-tracking purposes (without an investigation). Ask professionals to be specific.
Personnel
Forensic nurse examiners or other providers are usually called SANEs (Sexual Assault Nurse Examiners) but can go by other titles.
- Specially trained to conduct a medical forensic exam after a sexual assault. Has passed a certification course and practiced performing physical exams.
- Can testify as a witness if a case goes to trial.
- Available by pager if not already at the hospital.
- Continues to provide medical care to sexual assault survivors after evidence is collected and helps explain all the available options.
- Provides preventive treatment for STIs (including HIV) and pregnancy.
WHAT IS A RAPE KIT?
A rape kit refers to forensic evidence collected by a specialist care provider after a sexual assault. This is usually done at a forensic nurse examiner program located in a hospital.
The process can include:
- A full-body physical examination.
- Collection of blood, urine, hair, semen,
and other body secretion samples. - Collection of the survivor’s clothes.
- Photos to document any injuries.
- Collection of any other physical evidence
that might be from the scene of the attack.
Sometimes called:
- SANE kit: (Sexual Assault Nurse Examiner)
- SAFE kit: (Sexual Assault Forensic Evidence)
- SOEC kit: (Sexual Offense Evidence Collection)
- SARC kit: (Sexual Assault Resource Center)
- PERK: (Physical Evidence Recovery Kit)
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
VICTIM ADVOCATES (COMMUNITY OR ON-CAMPUS)
Services
Advocates at rape crisis centers and on some campuses provide support and trauma-informed care to survivors who might not
want to go to the police or a forensic nurse examiner. Services include:
- Counseling and case management.
- Help deciding on immediate steps, such as reporting or health care.
- Legal advocacy and assistance.
- Support groups and education.
Confidential?
- Victim advocates are not usually required to report assaults, unless the victim is under 18. Ask about exceptions.
- Each state has different laws, and each campus has different practices. Laws may not force an advocate to report to the Title IX coordinator or law enforcement, but campus policy might. Ask before disclosing. Each campus must publish a statement that addresses how confidentiality is protected.
VICTIM ADVOCATES (COMMUNITY OR ON-CAMPUS)
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
Immediate steps
Advocates can help you access medical treatment and accompany you to the appointment, provide a safe space to process trauma reactions, and help you report the assault if you want to.
Next steps
You can go to counseling or a support group if you want to. Case managers can help you find housing, a job, or other resources.
Good to know
Find local community advocacy resources.
Timeframe
Any time. Rape crisis centers have
24-hour hotlines.
Personnel
Legal advocates or lawyers, medical advocates, educators, social workers, rape crisis counselors.
Legal services
Legal advocates can help you understand your rights and possibly accompany you to court.
Health services
Medical advocates can go with you to your medical exam and help coordinate and refer you to follow-up care.
COLLEGE HEALTH, COUNSELING, AND PASTORAL SERVICES
Services
- Check for injuries.
- Connect you to a forensic nurse examiner program at the hospital.
- Some schools provide preventive treatment for STIs and/or emergency contraception, or can take a urine sample if you think you were drugged.
- The college counseling service, chaplains, and other pastoral care providers can offer emotional support.
Confidential?
- Usually, medical, counseling, and pastoral care providers do not share your information without your explicit consent. Ask about exceptions.
- Most campus health providers are Campus Security Authorities and are required to report aggregate crime data without using survivors’ names or other identifying details.
COLLEGE HEALTH SERVICES INCLUDING COUNSELING AND PASTORAL CARE
Laws, policies, processes, resources, and terminology vary by state and institution. This content might not be accurate in your situation. Always ask.
Immediate
Health professionals will make sure you’re safe, check for injuries, and help you get to a forensic nurse examiner program if you want physical evidence collected.
Next steps
Campus health services can connect you to college counselors and chaplains for counseling, crisis support, and/or referrals. Many schools have 24-hour support hotlines.
Timeframe
As soon as possible is best: You’ll have more options.
Personnel
Nurses and doctors. Counselors. Chaplains and other faith-based personnel.
Health services
Can provide basic health services and refer you to other services as necessary.
YOUR RIGHTS RELATING TO SEXUAL ASSAULT ON CAMPUS
Your rights have been established via three federal laws:
- The Clery Act (1990, with several subsequent amendments)
- Title IX (1972)
- The Campus Sexual Violence Elimination Act (“Campus SaVE Act”) provision of the Violence Against Women Reauthorization Act (2013)
You have the right to:
- Get help from campus authorities if you decide to report a sexual assault to the police.
- Request changes in your living, work, transportation, or academic situation, for safety. Colleges are required to provide reasonable accommodations.
- Petition for a “no contact” directive against the perpetrator.
- Be given contact information for emotional health, victim advocacy, legal assistance, and any other relevant services on campus or in the community.
- Be given a clear description of the school’s disciplinary process and possible outcomes.
- Be informed in writing of your rights.
YOUR SCHOOL’S OBLIGATIONS RELATING TO SEXUAL ASSAULT
Colleges have an obligation to:
- Establish disciplinary procedures covering domestic violence, stalking, sexual assault, and dating violence. These include a prompt and impartial investigation by school officials with specialized training, and your right to an advocate at disciplinary proceedings.
- Provide sexual assault education and awareness programs on campus.
- Publish an annual security report with campus crime statistics and policies, including incidents of domestic violence, stalking, sexual assault, and dating violence.
- Issue warnings when a crime poses a threat to students and faculty.
- Take action to prevent gender-based discrimination in education, relevant to all genders.
Colleges may not:
- Encourage mediation instead of a formal complaint in cases of sexual violence.
- Discourage any student from continuing their education, or recommend they “take time off.”
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