How to Report to Law Enforcement

In most areas, there are specific law enforcement officers who are trained to interact with survivors of sexual assault. In addition, many law enforcement agencies participate in Sexual Assault Response Teams (SARTs), which provide a survivor-centered, coordinated response to sexual assault. SARTs incorporate medical personnel, law enforcement, and sexual assault service providers in your area. They work together to organize the investigation, reduce repetition of questions and interviews, and facilitate communication among all agencies involved.

Learn more about communicating with law enforcement.

There is no limitation on when a victim can report a crime to police. However, in many states, there is a limitation on when charges can be filed and a case can be prosecuted. This is called the statute of limitations. Statutes of limitation vary by state, type of crime, age of the victim, and various other factors. Visit RAINN’s State Law Database to learn more about the criminal statutes of limitation where you are.

If you have questions or concerns about reporting, you’re not alone. The list below may have answers to some common questions that are on your mind.

- The perpetrator got scared away or stopped before finishing the assault. Attempted rape is a serious crime and can be reported. Reports of attempted rape and other assault are taken seriously.

- I know the person who hurt me. About 2/3 of victims know the perpetrator. It can be unnerving to be violated by someone you know. Regardless of who the perpetrator is, sexual assault is against the law.

- I’ve been intimate with the perpetrator in the past, or am currently in a relationship with the perpetrator. Sexual assault can occur within a relationship. Giving someone consent in the past does not give them consent for any act in the future. If you did not consent, they acted against the law—and you can report it.

- I have no physical injuries, and I’m worried there’s not enough proof. Most sexual assaults do not result in external physical injuries. It's important to receive medical attention to check for internal injuries. You can also choose to have a sexual assault forensic exam to check for DNA evidence that may not be visible on the surface.

- I’m worried law enforcement won’t believe me. There has been great investment in police training on this topic. While there are occasional exceptions, most law enforcement officers are understanding and on your side. If you do encounter someone who isn't taking your case seriously, ask for their supervisor and let your local sexual assault service provider know.

- I don’t want to get in trouble. Sometimes minors are afraid of being disciplined, either by the law or by their parents, because they were doing something they shouldn’t have when the abuse occurred. For example, a teen might have been consuming alcohol, or a child might have been breaking a house rule. It’s important to remember that sexual assault is a crime—no matter the circumstances. Nothing you did caused this to happen.

Do I have to report to get rape kit? By law, you are not required to report to law enforcement in order to receive a sexual assault forensic exam, commonly referred to as a “rape kit.” The Violence Against Women Reauthorization Act of 2013 has made it easier for someone to have a “Jane Doe rape kit,” where they are given a code to identify themselves if they choose to report later.

Does it matter whether or not I know the perpetrator? Can I still have an exam? There is value in having a sexual assault forensic exam performed, regardless of whether or not you know the identity of the perpetrator or perpetrators. DNA evidence collected during the exam can play an important role in the case against the perpetrator.

Will I have to pay for the exam? By law, you should not be billed for the direct costs of a sexual assault forensic exam. The way states handle this law can vary. Since 2009, states have been required to provide sexual assault forensic exams for free or via reimbursement, regardless of cooperation with law enforcement. Starting in 2015, health facilities will no longer be able to charge for exams up front and ask for victims to file reimbursement through their insurance later. If you have questions about a bill your received related to your exam or about any other aspects of the process, you can contact your local sexual assault service provider or state coalition.

When you’re talking with law enforcement, it can be helpful to know what to expect and to understand the process. You may only interact with law enforcement when you report, or they might ask you to stay involved with the investigation over a length of time.

What can I expect? A great deal of effort has gone into training law enforcement to create and operate survivor-centered process. Knowing what to expect and when to raise your hand can help you feel more in comfortable and in control.

- You should have privacy. When you discuss what happened to you with law enforcement, it should happen in quiet area away from others. If you feel that the situation is too public, ask to be relocated to a more private space.

- It may take a while. When you first report, the process may take a few hours. This is normal. Additional interviews with law enforcement may last a while as well, and they may occur over an extended period of time.

- You can take a break. If you need water, a snack, or just a minute to breathe, you can ask for a break. Law enforcement should accommodate these requests.

- You can go up the chain. If you feel that your complaint isn’t being taken seriously or if you feel uncomfortable, you can ask to speak to a supervisor or the next-highest ranking officer.

- Some questions may feel uncomfortable. Because of the nature of sexual assault, some questions can feel uncomfortable or intrusive. Use whatever terms or phrases make you most comfortable. It can help to remember that law enforcement officers are professionals, just like doctors and teachers, and are prepared to listen to what happened.

- You may hear the same question more than once. Law enforcement may ask the same questions several times or several different ways. It’s not because they don’t trust you—after a trauma it can be difficult to describe the details. Repeating a question or asking in a different way may prompt you to remember something you forgot the first time.

- You can have support. It can be helpful and comforting to have support when communicating with law enforcement.

----------------------------- A trained advocate. When you call the National Sexual Assault Hotline, the sexual assault service provider in your area may be able to connect you with an advocate who is trained to support you while you talk to law enforcement. Some law enforcement agencies also have trained advocates available.

----------------------------- Someone you trust. If you want a family member, friend, or partner to be present, you can have that too. Be aware that family or friends who are present when you speak with law enforcement may be called as witnesses if the case goes to trial. If the officer asks to speak with you privately, understand it’s likely to help you feel comfortable disclosing information that may feel private or sensitive. You can refuse this request.

What should I know about law enforcement’s process? You may be asked to speak with law enforcement several times throughout an investigation. Some questions can seem personal, invasive, or simply annoying. You may feel more comfortable if you understand the goals behind law enforcement’s process.

- Proving lack of consent is a priority. The majority of sexual assaults are committed by someone known to the victim. Because of this, the difficulty in prosecuting is rarely about identifying a suspect—it’s about proving a lack of consent.

- They've been trained on the impact of trauma. Law enforcement officers are trained not to label a false report based on an initial interview, a victim’s response to the trauma, a statement that was taken back or recanted, or refusal to press charges. They understand that trauma can affect how a victim behaves, and may schedule follow-up interviews to help break up the process and confirm details. Furthermore, they know that perpetrators sometimes target a person who they think will be an “unreliable witness.”

- They are trying to counter the defense. Law enforcement officers are trained to anticipate common defenses used by perpetrators in sexual assault cases. According to the International Association of Chiefs of Police (IACP), “the following are four common sexual assault defenses and strategies to counter these defenses in the written case.

----------------------------- Denial: Collect and document evidence to establish that (nonconsensual) sexual contact did occur.

----------------------------- Identity: Collect and preserve DNA samples from the victim and suspect, and other physical evidence from the crime scene(s); document witness statements.

-----------------------------Consent: Document fear, force, threat, coercion and/or inability to consent.

----------------------------- Impeachment by Contradiction: Document any changes in victim/witness statements, especially as additional details are recalled following the initial trauma/shock of the assault.”

What goes into the report?

When law enforcement files a report, it includes the case tracking number and a written narrative based on the interview(s) with the victim. According to the International Association of Chiefs of Police, some aspects of the report will include:

- Description of the assault: details about what occurred; sensory experiences, such as what the victim saw, smelled, tasted, heard or felt during the assault; the victim’s exact words or phrases, quoted directly; details of voluntary alcohol or drug use that demonstrate why this is an issue of increased vulnerability rather than culpability.

- Indication of force: coercion, threats, and/or force and the victim’s response during and after; signs of fear including fight, flight, or freeze reactions from the victim.

- Lack of consent: what “no” looked or felt like for the individual victim— noting that silence is not consent and “no” or resistance is communicated through more than just words; any details that show how a consensual encounter turned nonconsensual.

- Signs of premeditation: any interactions that might indicate premeditation or grooming behavior by the perpetrator.

- Timeline and victim response: a timeline to show trauma behavior in context of previous behavior, such as weight loss or gain, changes in routine; documentation of the victim’s condition as observed.