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Every
107 seconds
, a sexual assault occurs.
1
Rape and sexual assault
are two of the most underreported crimes in the United States, with
statistics showing that
68%
of sexual assaults are
not reported
to the
police.
2
Even in cases where victims do report the sexual assault to
police, by the time they take the stand, many victims will renounce
their statements regarding the sexual assault. When addressing the
epidemic of sexual assault in our society, it can be easy to lump all vic-
tims into one category – sexual assault victims. By doing this, we take
our own preconceived ideas and notions, and place them onto victims
we are attempting to help. Doing so often harms, rather than helps,
the victim. This becomes particularly harmful in the courtroom. We
must always remember that while sexual assault victims have things in
common, each one is unique and each circumstance is different.
I once sat in a courtroom and watched as a woman spoke boldly
against her rapist without a tremor in her voice, and I heard people
say, “Shouldn’t she be crying?” I have watched a fourteen-year-old girl
break down in sobs, her body trembling, and her hand by her face to
avoid seeing her rapist, while the defense attorney relentlessly ques-
tioned her decision to stay in the bed after she was raped. The com-
mentary I overheard after she testified included, “She wasn’t raped.
She got caught having sex, she’s embarrassed, and now she’s calling it
rape.” And sadly enough, I have watched countless women sit on the
stand, look around the room with fear in their eyes, and renounce
every previous accusation of sexual assault. Every case is different.
The legal process for a rape victim is complex and confusing. Once
she reports the sexual assault to the police, she will be asked to give
a statement. If the police are called immediately, the victim will be
taken to a medical center to have a medical exam commonly referred
to as a “rape kit” completed. Once the police report is completed,
the case will be presented to the prosecutors who have discretion on
whether or not to prosecute the case. This is when the “legal process”
begins. The timeline from the initial reporting of the sexual assault
to the trial could take anywhere from months to years, depending on
which county and state the sexual assault occurred. Counselors are in
a unique position to 1) equip victims of sexual assault to go through
the legal process, and 2) educate attorneys on the psychological as-
pects of a victim of sexual assault. Here are four ways that counselors
can equip victims and educate attorneys:
Be knowledgeable about the legal process.
Research and
speak to attorneys to learn what you can about the legal pro-
cess. The case may or may not go to trial. In some cases, the
defendant will plead guilty and take what is called a “plea
agreement.” This is an agreement between the prosecutor
and defense counsel that is presented before a judge for his
approval. If the judge approves the terms of the plea agree-
ment, which includes what type of punishment the defen-
dant will face, the case will not go to trial. If the case does
go to trial, the process is much longer. The time between the
assault and the trial could be a year or more.
A “not guilty” verdict means there was not
enough
evi-
dence to convict the defendant of sexual assault.
If a jury
comes back with a not guilty verdict, it is common for a vic-
tim to feel as if she was not believed and what happened to
her was minimized. The burden of proof in a criminal case
is “beyond a reasonable doubt.” This does not mean beyond
all doubt, but rather beyond a
reasonable
doubt. Sexual as-
sault and rape cases are hard to prosecute because oftentimes
there is very little evidence in the case besides the victim’s
testimony. In today’s culture, with TV programs suggesting
that DNA evidence can be processed in a matter of minutes,
many juries do not understand that a lack of scientific evi-
dence does not mean that there is zero evidence. Help your
client understand that no matter what the legal outcome of
the case is, what happened to her is real and you believe her
story.
Provide support before, during, and after the case.
Re-
porting sexual assault and following through with the legal
process is a personal decision. There are some victims who
find healing and strength in testifying in court against their
rapist and there are others who become more traumatized
through the legal process. Help your client understand the
positive sides of testifying in court and the negative sides of
testifying in court. Help her come to the decision that is best
for her and her healing.
Educate attorneys on how trauma and sexual assault af-
fects the brain.
Take advantage of opportunities to educate
attorneys on how each victim will process sexual assault and
rape differently. Inform attorneys on the ways trauma can
affect a victim’s memory and behavior. Doing so allows the
attorney to advocate for the victim in the best way. Use your
training to build relationships with prosecutors and other ad-
vocacy groups, such as victim witness advocates, to help fight
for justice for victims of sexual assault.
Counselors and attorneys are uniquely gifted to advocate for sexual
assault victims in different ways. Joining together to equip victims on
how best to understand the process will help them make the best deci-
sion for their own healing and prepare them for testifying in court.
Educating others on the psychological aspects of trauma and the
basics of the legal process, can develop into more opportunities to not
only fight for justice, but also help victims find a voice and healing.
Molly-Catherine K. Goodson, M.A., J.D.,
is
a speaker and writer who is passionate about
bringing professionals together to use a
multi-faceted approach when addressing child
abuse, domestic violence, and sexual assault.
She has an M.A. in Human Services Counseling
with a Children, Families, and Law specializa-
tion and received her J.D. from Liberty Univer-
sity School of Law. Her heart for the wounded
in the local community drives her to equip and
empower others to address the most sensitive
societal topics.
References:
1
Rape, Abuse, and Incest National Network. Retrieved from
https://rainn.org/get-information/statistics/frequency-of-sexual-assault.
2
Justice Department,
National Crime Victimization Survey: 2008-2012
. Retrieved
from
https://rainn.org/get-information/statistics/reporting-rates.Note:
This article focuses primarily on female victims of sexual assault, while acknowledging
that males are victims of sexual assault as well.
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