Module 2
Overview of the Criminal Justice System

How a Sexual Assault Report is Made to Law Enforcement

In the aftermath of a sexual assault, among all of the other concerns victims face (e.g. Am I safe? Do I need medical treatment?), they must also decide whether to report the assault to law enforcement. Reporting can be initiated in several ways:

  1. Victims may directly report the sexual assault to the police by calling 911 or going to a police station.
  2. Victims may disclose to a medical professional that they have been sexually assaulted. If within the requisite time period, which is explained in Module 5, the victim may choose to have a medical forensic sexual assault examination. That examination combines medical care and treatment with the collection of forensic evidence for use in a criminal investigation. Module 5 explains these examinations.

    At the time of the examination, the victim may choose whether or not law enforcement is notified. If the victim chooses not to notify law enforcement at that time, the evidence collected will be preserved for a finite period of time so that the victim can decide whether she wishes to make the report. In some states the medical professional performing the examination must notify law enforcement that a sexual assault was disclosed. Some states permit sexual assaults to be reported anonymously. Consult your state-specific supplemental guide for local law and practice regarding mandated reporting and reporting options.

  3. A third party may report the sexual assault to the police. This could be a parent, guardian, friend, family member, or witness to the crime. Certain professionals (teachers, for example) are legally mandated to report sexual assaults of which they become aware. Who must report and what is required to be reported by others varies by jurisdiction. Consult your agency’s state-specific supplemental guide for local law and practice regarding mandatory reporting obligations.

It is important to be aware of the statute of limitations for sex-based offenses in your jurisdiction. These time limitations differ among jurisdictions and the specific type of crime committed. Law enforcement will not be able to address any report made after the statute of limitations has expired. Consult your agency’s state-specific supplemental guide for local law.

 

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