Police
Victims of sexual violence are often encouraged to go to the police by family, friends or professionals whose own outrage guides their advice. You may be trying to decide whether this is a good choice for you. While we believe that all survivors deserve justice as well as a criminal justice system that treats them with dignity and respect, we can not present this page without the acknowledgement that policing is a system that can actually further traumatize survivors and even put them in danger. If you are a member of any minority group or at risk population, we validate your experiences and advise you to consider carefully whether engagement with the police will be safe and healthy for you. If, after careful consideration, you decide to proceed by going to the police, we offer this overview of what that process might look like for you. You may also use this page to help you in your decision as to whether this is a good option for you.
Deciding Whether to Go to the Police is Your Decision
First, if you are a survivor of a rape or sexual assault, we know that you have been through a traumatic and violent attack. The decision to go to the police is deeply complex and personal, and you, as a survivor, have the right to make it for yourself. We strongly believe that each and every survivor, no matter how young, should have the right to make their own decisions about reporting sexual violence. This includes choosing not to report an assault to the police because you are fearful for your own safety when interacting with the police. If you are a person of color, homeless, a foster child, sex worker, sex trafficking victim, member of the LGBTQ2IA+ community, or are simply not comfortable reporting to the police, there are alternative options. These include but are not limited to:
- Telling a trusted friend, parent, or other adult is a safe way to share your experience in as much or as little detail as you feel comfortable with.
- Feel free to explore our mental health page to learn more about safe ways to share your story, and how sharing your story can help you heal. If you are a loved one who wants to learn about how to be a good and trusted listener, click here.
- Seeking psychological support is a fantastic way to take care of yourself after experiencing sexual violence. You might be filled with emotions and need a person who is solely focused on helping you process them, work through the trauma, listen to everything without judgment, and prescribe medications as necessary.
- Please be advised that some people are mandated reporters, which means that they are required by law to report sexual assaults committed against minors. This often includes guidance counselors. Please make sure to research the laws in your state, province, or territory to make sure that you don’t accidentally disclose to a mandated reporter if that is not your intention.
- For more information on psychological care after sexual violence, please check out our mental health page.
- For many survivors, Sexual Assault Hotlines are a lifeline. Hotlines are available any time you need them and can be a safe, supportive and helpful place to turn. You can find numbers and links at the bottom of this page.
- If you are religious or spiritual, turning to your faith, beliefs, or clergy could be a great way to share your story, find peace, and be heard.
- Some clergy members are mandated reporters, so make sure that you ask your spiritual leader before speaking to them.
- Purposefully speaking to a mandated reporter might be a good choice for you if you are interested in reporting your assault or rape to the police but feel uncomfortable doing so. The mandated reporter would be able to act as an intermediary, reporting dangerous and scary behavior for you, would be able to involve you in the process, and be a support system to lean on especially if you really trust them. If you are in a sexually abusive home situation this might be the option that keeps you safe and healthy without forcing you to report your own family members to the police.
If you want to learn more about high risk groups of people and their experiences with the police after sexual violence please click here.
If You do Decide to Go to the Police, Here is What it Might Look Like
If you do decide to go to the police, and to engage with the criminal justice system, you might feel certain about this decision, or you may be undecided about how to proceed, but whatever the case, it’s completely normal to feel confused, overwhelmed, or scared.
There are many reasons that survivors might want to report their assault to the police. Here are a few reasons why you might want to consider going forward:
- Disclosing your assault to the authorities can help you gain closure.
- Reporting to the police just to get the information off your back can be helpful. Sharing the information with the authorities can feel like a huge weight has been lifted off your shoulders, even if you report with no legal intent.
- If you have been hurt and traumatized, seeking out justice for the crime committed against you can be life saving. Knowing that you have done everything in your power to protect yourself might bring you peace of mind.
- As a survivor, there is no timeline for when you must go to the police, and waiting to report your assault to the police in no way detracts from your experience or the fact that it occurred. Please remember, though, that if you are seeking justice and hoping for a successful prosecution, it is better to go to the police as soon after the attack as you feel able to do so.
What to Expect at the Police Station
Once you make the decision to report your rape or assault to the police, there are a few things you can expect to happen. Please keep in mind, this is a generalized description of what you might experience in your jurisdiction. In Canada, one criminal code covers the entire country, while in the United States, each state has its own laws and procedures. Resources and information were primarily based on Ontario, Canada and Los Angeles, California. However, wherever you are in the United States or Canada, this page is a good starting point to understand what the process might look and feel like for you.
The Interview
When you go to the police station you will be brought in for an interview with an officer. This is usually an officer who specializes in sexual assault crimes. As there is a lot going on at the stations, it is sometimes a good idea to call ahead and make an appointment with an officer to ensure they will be ready and waiting for you at an agreed upon time. However you are always welcome to walk into the station and begin your reporting process.
While it might feel overwhelming and scary to talk to the police about what has happened to you, try to remember that the interview process is not meant to be an interrogation. Officers will ask you to give them some background information on yourself and try to make you comfortable. They will likely then ask you to just describe the assault as you remember it, in your own detail. Once you’ve finished describing all that you can remember, the officer(s) will then ask some clarifying questions to get some of the detail they require for their own police work. Keep in mind, this interview may be recorded whether it be an audio recording, video, or both.
You should feel free, during the interview, to answer that you are not sure or don’t remember details. You can also ask for clarification regarding the purpose of any question or for any other clarification.
At your interview, police may inform you about Restraining Orders and should inform you of your rights and of what will happen after the interview.
A Note About Physical Evidence Collection
Let us start by saying that even the idea of physical evidence collection may feel scary or impossible to you. You have no obligation to participate in any physical evidence collection, and you may report to the police without having a physical examination. The choice is entirely up to you.
Part of a successful prosecution of rape and sexual assault, however, may be the collection of phycial evidence. This can include genital, oral, and anal swabs, combing of head and pubic hair, scrapings from under fingernails, blood and urine samples, and photographs of any physical injuries. This process will always take place in a medical facility and be conducted by medical staff—not police. Participation in evidence collection is entirely voluntary, and you can stop at any time. You have the right to ask for a rape crisis advocate. Evidence collection needs to be done within a short time frame. It is best for this to be done immediately after the assault and before you have showered, brushed your teeth or hair or changed your clothes. Click here to learn more about going to the hospital.
Following the Interview
Depending on where you live, the process of what happens next may vary. The information from the initial interview may be handed off to a detective who will then be in charge of the case. You may, on the other hand, have interacted with a detective from the start of your statement. You may be asked to sign a written report.
You will have a choice, at this point, should charges be laid, to be involved in the court process or to stay out of it. Either way, once you have given information to the police, it becomes a permanent statement that can be used in prosecution of this, or even other crimes (for example, if your attacker has committed other, similar crimes, your statement may be helpful in arrest or prosecution of those crimes).
Moving Forward to Prosecution
Your decision of whether or not to participate in a prosecution can impact whether or not charges are laid, depending on whether the detectives believe that your testimony and evidence are crucial to their case. However, it is not your responsibility to be involved in the criminal process as a witness. If you are going to be called as a witness in a criminal case, you may continue to be in touch with the detective assigned to your case, who may work with prosecutors to help you prepare your testimony.
If you should remember any other details you might have forgotten while initially speaking to the police, you are always welcome to come forward with the information and update your statement. It is normal to forget some details and will not impact the credibility of your statement or experience. This can be a scary experience, and you are not expected to be perfect.
Whether you decide to be involved in the court process as a witness, stay out of it completely, or simply attend court hearings and proceedings as a viewer, detectives and lawyers will take the process from here. You have a right to be informed of updates to your case, including arrests, charges and prosecution. You can also expect to be informed if the police and prosecutors decide not to pursue criminal charges.
Your Mental Health and Well-Being Throughout the Legal Process
Even if you feel that you have made a good decision in going to the police, the process of reporting an assault can be emotionally overwhelming and may even feel traumatic in and of itself. Throughout this process, your well-being, safety, and mental health are always critical and a top priority. We encourage survivors and their loved ones to use our resources to seek support from their community, loved ones and services available to them.