When deciding to report a case of sexual battery to the police it is essential to know the details in order to make the right decision. When reporting a sexual battery the police must act impartially and collect all the necessary evidence.
In order to aid the police in their investigation as a victim of sexual assault, do not
- bathe or shower
- Comb your hair
- Wash your hands
- Change attire or throw away attire
- Consume drugs or alcohol
- Modify/disturb the crime scene
The sooner that a victim reaches out to the police, the easier it will be for the officers to collect evidence to prove the victim’s case.
If a victim comes to the conclusion that reporting the crime is best for them within 168 hours (seven days), then the police will conduct the following.
The victim will be asked to consent to a SART exam. This exam is done by a Sexual Assault Response Team (SART) at a local hospital. SART consists of a team of female nurses who have been trained to care for people who have been sexually harassed or assaulted. Choosing to consent to an exam will result in documentation of all injuries and a collection of forensic evidence. Forensic evidence is most reliable if the incident is reported within three days.
There are three ways to report an instance of sexual assault
- Phone the police
- Go to your local hospital
- Go to your local police station
If the police decide to continue with their investigation once a victim reports the crime, they will conduct an interview, which will require the victim to provide a detailed recollection of the event. The direction of the investigation relies on whether or not the police are able to obtain enough evidence to believe that a conviction is reasonable and possible.
Related: Assault vs. Sexual Assault in California
Filing a Lawsuit
Any party that was a victim of the sexually violent or abusive act can sue for damages. Examples include:
- Witnessing the sexual harassment and suing for infliction of emotional distress.
- The sexual assault resulted in the victim’s death (in which the victim’s family can sue for wrongful death).
- The sexual assault resulted in the loss of an intimate partner or spouse.
The sexual assault statute of limitations to sue for damages within the state of California is two years from the time of the incident. If the victim does not file within the two-year period they may lose their right to sue even if the perpetrator is eventually prosecuted.
Statute of Limitations for Sexual Assault on Minors
If a victim experienced sexual assault as a minor they can file a lawsuit in California up to:
- Their 40th Birthday
- Five years from their discovery of a mental illness or injury caused by the sexual assault incident after the victim turned eighteen.
A victim/plaintiff who is over forty years old will require
- A mental health professional who has not treated the victim before and can substantiate the psychological harm and provide a reasonable explanation as to why it was not discovered sooner
- An attorney who has reviewed the mental health professional’s findings and found the mental health professional’s findings to be true and reliable.
If possible, report the sexual assault immediately and file a lawsuit as soon as your local police department finishes its investigation. This will maximize the probability of a guilty conviction for the perpetrator of the assault.
FAQs
Can I be countersued for accusing another party of sexual assault?
Unfortunately, in many cases, a counter lawsuit is very likely. Make sure that you exercise all possible resources prior to accusing another party of sexual assault.
Can I report a sexual assault case anonymously?
Filing a case anonymously is possible, but it does limit the agency’s ability to function to its full extent on your behalf.
Can I face legal troubles for not reporting an assault carried out against me?
No. If you choose to refrain from confronting your perpetrator, resources offered by institutions such as RAINN and NSVRC may prove beneficial.
Contact Her Lawyer
If you or a loved one has or is seeking to report a case of sexual assault, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced sexual assault attorneys in California today.