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If You've Been Sexually Assaulted
What to do if You've Been Assaulted
University Policy for Sexual Assault Cases
Definition of Sexual Assault
What is sexual battery?
Basically if a person has been penetrated vaginally, orally or anally by the sexual organ of another or penetrated either anally or vaginally by any other object without their consent, it is a crime of sexual battery under Florida laws. If you did not consent or were unable to give your consent because you were unconscious or mentally or physically incapacitated and the above act or acts were carried out, it is sexual battery. The crime of sexual battery is a felony.
It is important to note that the terms sexual battery and sexual assault are used interchangeably at times. People often refer to rape when using the term sexual assault, but it is an umbrella term that can also refer to other illicit acts such as fondling and molestation.
Even if you previously had a sexual relationship with a person or are married to that person, sexual battery can occur. Your previous sexual history with other people is not relevant and cannot be considered in a criminal charge of sexual battery that is brought against your assailant.
Types of Rape
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What to do if You've Been Sexually Assaulted
- Go to a safe place. If you are in a vulnerable area, it's important that you go to a safe location: your home (with locked doors), a friend's home, a dorm, a locked car, or a place where there are a lot of people.
- Ask for assistance. From an on campus extension, contact the University Police Department by calling 2911. If you are off campus, call 911 and you will be connected to your local law enforcement agency. University Village and campus housing, call 474-2911 for campus police. The local Rape Crisis Hotline offers 24-hour service and their number is 433-RAPE. The UWF Counseling Center number is 474-2420. Last, but not least, call a friend to be with you.
- Don't bathe or douche. Your first impulse might be to take a shower and change clothes. You literally may be washing away valuable evidence. Don't wash, douche, throw away clothes, rinse your mouth, or straighten up your apartment before going to the hospital or the police. This is all evidence that needs to be preserved. If you do change clothes, save what you were wearing. Place each piece of clothing in a separate paper bag for the police. It is hard to think this way, but in the case of a sexual assault, your body is the crime scene.
- Get medical attention immediately. The primary purpose of a medical examination following a sexual assault is to check for internal and external physical injuries, the presence of sexually transmitted diseases from the assault, and the possibility that the assault resulted in pregnancy. A secondary, but not mandatory, purpose of a medical examination is the gathering of medical evidence for possible legal prosecution. You can request to have the exam completed by a Sexual Assault Nurse Examiner (S.A.N.E.). S.A.N.E. nurses receive specialized training and there are nurses in the Pensacola hospitals who have participated in this additional training.
Any hospital emergency room can treat injuries, however, the local hospitals rotate monthly as to which hospital is responsible for conducting rape examinations. You can call the Rape Crisis line (433-7273) to find out which hospital is conducting the exams. The University of West Florida Health Center cannot treat emergencies, but can check for sexually transmitted diseases and pregnancy. Important medical numbers are listed below:
West Florida Healthcare |
Baptist Hospital 434-4811 (emergency/trauma) |
Sacred Heart Hospital 416-7138 (emergency/trauma) |
UWF Health Center |
- Get the support you need. It helps to talk to friends, family or counselors because rape is a life crisis that can be disruptive for a period of time. Like other crises, the rape crisis can stir up a lot of feelings and worries. This is normal! It takes time to come to terms with such an event. Women commonly experience some self-blame and guilt, anger, isolation, and helplessness, as well as fear. Parents, spouses, boyfriends and friends will all react to the rape. Sometimes their reactions can be worrisome. Knowledgeable counselors are available in confidential settings to help victims cope with a rape. Please call the University of West Florida Counseling Center at 474-2420 to set up an appointment. We are located in Building 19 on campus. Our services are free to University students, and all contact with us is kept confidential.
Seeking Medical Help
The first thing you need to do when you show up in the hospital emergency room is to tell them that you are there because you have been sexually assaulted. If your injuries are not severe enough to need immediate attention, a victim advocate will be called to meet with you before the exam begins. Even if they do begin treating your injuries, a victim advocate will come to be with you during all the procedures. The victim advocate's job is to offer support and information.
Hospitals will try to explain what to expect and the reasons for the questions they ask and the procedures they perform. They do not want you to be traumatized all over again. They want you to be an active participant in the exam. Please feel free to ask questions and to make requests if necessary.
They will ask you to give a detailed description of the rape. This information will go on your confidential medical record. Your description will also guide the physical exam so that they can check certain areas of your body for trauma. It guides their collection of evidence.
They will want a medical and gynecological history. Drug allergies need to be noted.
How Do They Collect Rape Evidence At The Hospital?
Keep in mind, during the exam, that your body is the crime scene and that evidence needs to be collected from your body just as carefully as they collect evidence from other crime scenes. Try not to take it personally. Depending on your situation, the nurse and examiner may do any or all of the following procedures:
- Your clothing, especially undergarments, will be observed and described. They will note any rips, blood, semen, dirt, or other foreign matter. If you remove these items before going to the hospital, they should be stored separately in paper bags and brought with you. Plastic bags may promote the deterioration of secretions present on the garments. The hospital will give you a new set of clothes to wear home from the hospital if needed or you can take clothes to wear home.
- The location of foreign matter on your body will be observed, recorded and collected during the examination. Be prepared for them to check your entire genitalia, both externally and internally. Foreign matter can include soil, splinters, fibers, secretions, and hair, etc. This is why it is important to avoid showering, douching, or rinsing your mouth until you have been checked.
- They will also check your entire body for signs of trauma, which can include bruises, cuts, bleeding, and fractures. They will carefully note the location of each of these sites. Pictures of your condition may be necessary, and will be taken both clothed and unclothed.
- They will also want to comb your pubic hair for foreign hairs.
- Depending on what happened during your rape, they may need to collect semen specimens from your vagina, rectum, urethra and throat.
Specimens are carefully collected and labeled. They are always collected in the presence of a witness, other than yourself. A nurse examiner will collect the specimens and another nurse or an advocate will assist and serve as the witness. The specimens are kept under lock and key until picked up by the police. Some hospitals store the specimen if you are unsure if you want to press charges. Be sure to inquire about the hospital policy regarding the length of time and location for storing specimen.
Regardless of whether or not you go to the hospital or even tell anyone you were sexually assaulted, you need to go to your doctor or the UWF Health Center. It is important to check for internal injuries, pregnancy, and the presence of sexually transmitted diseases. YOU MUST TAKE CARE OF YOURSELF MEDICALLY IF YOU HAVE BEEN ASSAULTED. All visits to the UWF Health Center are free of charge to University students, though there is a nominal fee for some of the tests. The Health Center can administer all the tests needed, including HIV and Syphilis testing. Your visit and records will be kept in strict confidence. You will not be forced to report the sexual assault or to press charges.
Listed below are agencies other than hospitals, where you can seek treatment or information.
UWF Health Center |
Escambia County Health Department |
Effects of Sexual Assault
Immediately
There are many, many ways that experiencing a sexual assault could affect you. Immediately after the assault, your reactions may range from confusion to deep shock. You may not be sure that what happened to you was actually a sexual assault, especially if the assailant was a boyfriend or someone you know and thought you trusted. Shock is usually present to some degree because it is really hard to accept that such a horrible thing just happened to you.
You may experience very strong emotions – fear, anger, outrage, sadness, grief, or anxiety. You may experience no emotions. For a time you may feel numb. You may not want to be alone or go anywhere outside your room. Your body may react to this trauma in a number of different ways. You may find yourself shaking at times, not able to sleep or eat, or sleeping and eating too much.
Added to all the above, is also the need to take care of yourself physically. Your physical condition can range from mild to critical. Even if there was little physical damage to your body, you will need to check for STI's and pregnancy, which can be very scary. You may think of yourself as irresponsible, stupid, or naive. You might believe that you are now worth less than you were before.It is better that these things be done sooner, so while you are in shock, you also need to be making some pretty important decisions. It can be overwhelming.
Obviously there is not one right way to react to a sexual assault, nor is there one right way to recover from a sexual assault. Your initial reactions and your recovery will be unique to you.
Altered World View
Experiencing a sexual assault is always traumatic. It is traumatic in the sense that the world you live in now is not the same world you lived in before the assault. You now live in a world where unthinkable things can happen to you. Now you have to find a way to live in such a world. A sexual assault is not just a big pothole in the road that you have to handle. You may be on an entirely different road, in a different country, and in a different world. In “The Wizard of Oz” when Dorothy woke up, (s)he looked around and said to Toto, “Toto, we’re not in Kansas anymore!” That is what being a victim of a sexual assault can do to your life. You may be in culture shock for a time as you adjust to this new world.
A sexual assault can be traumatic also in the sense that it changes who you are and it changes your place in the world. At the very least, you are now a victim of a sexual assault. If you think that is a bad, shameful thing, then you are somehow diminished. If you think the sexual assault was your fault, then you are responsible for bringing this bad thing on yourself. If you think you are damaged goods, how do you continue to feel good about yourself and how do you participate in the world in the same way you used to? It may take you some time to sort through your thoughts about yourself after the assault. The less harsh you are on yourself, the easier it will be to recover.
The important people in your world will also react to your sexual assault. Hopefully, they will support you fully and will not see you as a substantially different, somehow damaged, person. If they do treat you differently than before, then that is another way your world has changed and you will have to deal with that loss as well.
The degree to which the assault changes you and your world can affect how difficult your recovery will be. If the changes are huge, then your recovery is likely to be more difficult.
Relationship Problems
Sometimes, after a sexual assault, you may experience relationship problems. Trusting other people may be difficult for a time. You may also no longer trust your own judgment, especially if your assailant was someone you thought was trustworthy. You may keep strangers and other people at a distance. You may cling to those few faithful friends who have proven trustworthy.
In a romantic relationship, your partner may not know how to handle your sexual assault. The men in your life may feel helpless, guilty and very angry. They feel helpless because they cannot take the assault away and they are not at all sure how to fix things for you now. They feel guilty because they did not keep you safe. They feel anger toward the assailant and would like to make him pay in some way. Having to deal with their difficult feelings as well as your own can add to your distress during recovery.
Sexual Problems
After a sexual assault, you may not want to be sexual at all. Being sexual, even with someone you love and trust deeply, can bring back memories of the assault. It sometimes helps to make sure that the surroundings now are nothing like the surroundings during your assault. You may want to keep all the lights on. You may want to be in complete charge of what happens. You may want to be in a different sexual position now. You definitely need a partner who is sensitive and willing to stop if you say so. Your assailant took away your right to choose whether or not you wanted to have sex. Make sure that your partner gives that choice back to you.
You may find yourself wanting to have sex with almost anyone and not know why. If you have decided that the assault made you damaged goods, then why not go ahead and act on that? If the assault stripped you of your value, then there is nothing left to protect. There may also be the thought that if you yield first, then the other person will not have to force you. And, lastly, serial sex can be a way of attempting to escape pain.
If any of these thoughts are occurring to you, it can be very helpful to talk them through with a counselor.
Cognitive Problems
After a sexual assault, your thoughts may seem out of control. You may have problems concentrating. You may have problems remembering things. You may have recurring, intrusive thoughts or flashbacks. You may have a multitude of anxious and fearful thoughts.
You have experienced a physical, mental and emotional trauma. On each of these levels you are adjusting to what happened to you. Your mind may be busy with “if only” thoughts. “If only I had not gone to that party. If only I had not worn those clothes. If only I had not gone alone. If only…” Your mind is trying to make sense of what happened and figure out how to prevent something like that happening again.
Your mind may be busy just trying to accept that this trauma happened to YOU! Bad things happen to other people, not to you.
Your mind may be busy worrying about all the consequences from what happened. What about STI's? AIDs? Pregnancy? What will my friends and family do when they find out? What if the assailant comes back again?
Your mind may replay what happened over and over again whether you want it to or not. At odd moments, you may have flashbacks of what happened. As time goes on you may remember new things about what happened, which can be disconcerting.
If you have a critical attitude toward yourself, your mind may be busy cutting you down to size because you let this bad thing happen. You may think of yourself as irresponsible, stupid, or naive. You might believe you are now worth less than you were before.
No wonder you may have trouble concentrating or remembering things! Your whole world has tilted and you are trying to deal with it. Be patient with yourself. It is also a good idea to find someone, possibly a counselor, to listen to your thoughts. Sharing the thoughts with someone else often helps.
Emotional Difficulties
You may feel a multitude of intense feelings or you may feel nothing at all. Both can be problems. Some of the feelings you may experience are anger, confusion, resentment, sadness, shame, guilt, and fear. You may have no sense of security. Your feelings of being competent and in control may be severely shaken. Your confidence in yourself and in the world may be damaged. You may slide into depression and experience those accompanying feelings of helplessness, hopelessness and despair.
Having a counselor to talk to about your feelings can be very helpful. He or she can help you sort out what you are feeling, especially when your feelings seem to be jumbled all together. Making sense of your feelings is another thing a counselor can help you with. Feelings can be overwhelming and can seem out of control. It is helpful to have someone help you understand what is going on.
Law Enforcement
What will the police do?
You can call the police any time to report a crime. Police officers will respond quickly. They will come to your dorm room, apartment, or wherever you happen to be. Their first responsibility is to make sure you are safe and to get you medical help if needed. They will ask you questions about what happened in order to know how to proceed. It is important that you cooperate fully with them so that they will know how best to help you.
Calling the police does not obligate you to press legal charges against your assailant. You can report the crime without pressing charges. You have the right to ask the police to explain what they are doing and why they are asking the questions they ask. They will also explain to you all of your options so that you can make informed decisions.
What will happen if I decide to press charges?
If you decide to report the sexual assault with the intent of pressing charges, the first person you will talk to will be a police officer. The location where the assault occurred will determine which police department will handle the case. If the assault happened on the University of West Florida campus, the UWF police will respond. If the assault happened inside the city limits of Pensacola, then the Pensacola Police Department will respond. The case will belong to the Escambia County Sheriff’s Office if the assault occurred in the county.
UWF Police Department 474-2415
Pensacola Police Department 435-1845
Escambia County Sheriff’s Office 436-9630
You can also call 911 if you need emergency assistance on or off campus, and they will determine who will respond.
A police officer
The police officer’s job is find out whether or not a crime has occurred and to begin the investigation. The officer, therefore, will ask you detailed questions about what occurred. The questions may be embarrassing, but are necessary in order for him to know what to do next. You have the right to know the purpose of any question he or (s)he might ask.
The officer will also begin the process of collecting evidence. He or (s)he may need to examine the crime scene for evidence. If you have not already had an examination to collect physical evidence, the officer may ask that you do so, and will probably escort you to the hospital so that this can be done.
A detective
After you talk to a police officer, you will probably be asked to speak with a police detective. This interview may be immediate or may be in the days following your assault. It is very important that you remember as many details of the assault as possible. As painful as it may be, taking time to write down everything you can possibly remember is a good idea at this point. If you remember new things as the days go by, be sure to communicate them to the detective. Again, you can ask the purpose of any question that you do not understand.
It is usually up to the detective to decide if enough information is available to identify, arrest, book and charge a suspect. In approximately half of the reported sexual assault cases, an arrest is possible. If the detective decides there is not enough information in your case to press charges, you do have the right to go directly to the state attorney yourself to inform him or his/her that you have been sexually assaulted and want to press charges.
If the suspect can be identified, the detective may ask you pick the suspect out of a set of photos or out of a line-up. In the case of a line-up, you can see the suspect, but he or (s)he cannot see you. If charges can be filed against the suspect, the detective makes the arrest.
The State Attorney's Office
The State Attorney’s Office receives a case once an arrest has been made. It is their job to prosecute sexual battery cases. As a victim of a crime, you do not need to hire a lawyer. When the arrest takes place, you will be asked to meet with the assistant state attorney (prosecutor) handling your case. He or (s)he will first decide if your assault is legally defined as rape. Different states have different definitions.
The prosecuting attorney will then ask you to go over all the details of the case once again. He or (s)he does this in order to decide if there is “probable cause” to believe that this suspect has, in fact, committed a crime. If your case meets the legal definition of rape and if there is probable cause, then the prosecutor begins building a case against the suspect.
The prosecuting attorney is the lawyer that represents society. Once the wheels of the criminal justice system are set into motion, all of society is considered to have been hurt by the crime. This is why you hear “The state versus so-and-so.” In this way you become not just the victim, but, more importantly, a witness for the state in their case against the suspect. As a witness, you can be subpoenaed to appear in court just like any other witness. In a sense, it is no longer your case, but the state’s case.
Probable cause
Probable cause can be difficult to determine. One important issue is whether or not there is corroboration of your account of the assault with other evidence. Other evidence can include medical evidence (blood, semen, fingernail scrapings), clothing analyses, a positive identification in a line-up, or an eye witness. Evidence of the rapist’s opportunity to rape and lack of an alibi may also be important. Other factors may enter into the decision to prosecute. They may include:
- the conduct of the accused at the time of the arrest
- lack of motive on your part to lie about the rape
- your willingness to have the events of the rape examined
- the promptness with which you reported the rape
- the degree to which you are viewed as a consistent, cooperative witness
In order to protect your rights, be as straight-forward and confident of your story as possible. If you feel you are being treated unfairly, you can ask to see another court official. You can hire your own attorney or use a trained advocate to help ensure that your rights are protected. You can obtain copies of the police report and your file in the prosecutor’s office in order to check their accuracy. Feel free to make suggestions which might help the prosecuting attorney prepare your case.
An initial appearance
Once the prosecuting attorney has determined probable cause and decides to pursue the case, an initial appearance will be scheduled for the suspect in court. This usually takes place within 24 hours after the suspect has been arrested. Most of the time, you will not be required to be present. The suspect faces a court official to be given formal notice of the charges against him or his/her. The suspect is also advised of his or his/her rights.
During the initial appearance, a decision is made about whether the suspect should be kept in jail or released. The suspect can be set free on bail or even on his or his/her own recognizance. The argument behind this practice is that everyone is innocent until proven guilty.
If the suspect is released, it is important to know that the suspect has no right to approach you. If he or (s)he does try to contact you in any way, even by phone, do not hesitate to call the police, the detective or the prosecuting attorney. If necessary, you can ask the court to issue a restraining order which prevents the suspect from contacting you in any way.
A defense attorney
The suspect will have an opportunity to either hire or have appointed a defense attorney. The defense attorney presents the suspect’s side of the argument. It is the defense attorney’s job to prove that you are wrong. It is important to know that you do not ever have to talk privately to the defense attorney. You may be subpoenaed by the defense attorney to give a deposition. In a deposition, the defense attorney will ask you questions. If you are subpoenaed, you must appear. Your attorney, however, will always be with you and will guide you through the deposition.
An indictment
Partway through the process, the prosecuting attorney will ask the court to determine if the case should be pursued. The court has three choices. It can pursue the case as it is. It can pursue the case with reduced charges, or it can drop the case altogether. If the court does not drop the case, it will return with an indictment against the suspect.
An arraignment
If an indictment is returned against the suspect, he or (s)he will appear in court again for an arraignment. This is when the suspect enters a plea of guilty or not guilty. The defense attorney can also offer a plea bargain, which means that the suspect, now known as the defendant, pleads to a lesser charge and will receive a lighter sentence. If the plea bargain is accepted, there will be no criminal trial, and the agreed upon lighter sentence will be imposed.
If the suspect pleads guilty, there is also no criminal trial. The court then proceeds directly to the sentencing phase of the process. A criminal trial happens when a defendant enters a plea of not guilty.
A criminal trial
If the defendant pleads not guilty, the court will proceed with a criminal trial to determine his or his/her innocence or guilt. The trial can take place before either a jury or just a judge. As the chief witness for the prosecution, you will be required to tell what happened to the judge and/or the jury. Your attorney will prepare you for this. Both attorneys will question you, and the defense attorney will try to discredit you and your testimony. When all the questioning is finished and all the evidence has been presented, the judge and/or the jury will determine the guilt or innocence of the defendant. If the defendant is found guilty, sentencing will follow.
Sentencing
If the defendant is found guilty, sentencing will follow. The judge has a variety of sentencing options. These include prison, probation, and court ordered psychiatric counseling. You may find yourself disappointed at this point. You can take some satisfaction from knowing that you have done all that you could to take a stand against sexual assault in general, and your assault in particular. Research has shown that women who prosecute often recover from a sexual assault more quickly.
The Victim Compensation Program
The Office of the Attorney General for the State of Florida administers a couple of programs that may provide some assistance to you. One of the programs will help pay the cost of the sexual assault examination. It is only available if you report the assault to the police, and pays regardless of whether you have private medical insurance. Baptist Hospital in Pensacola is the approved local hospital for sexual battery exams. The hospital makes the claim and is reimbursed. You will be notified if a claim is not approved for some reason.
You may also be eligible for assistance under the victim compensation program. To be eligible, you must have reported the crime to law enforcement officers within 72 hours of the crime. This program can help pay for losses, medical expenses, lost wages, and, possibly, mental health counseling. For further information on either of these programs, please call the statewide victim information and referral toll-free line at 1-800-226-6667. Click here to access the online application form.
A civil suit
A last option you might consider is filing a civil suit against your assailant. You can sue the suspect whether or not a criminal prosecution is underway. In this case, you will have to hire a lawyer to represent you and to file a complaint for you against the assailant. You are not a just a witness in this case, but the plaintiff. In civil proceedings, a judgment can be made in your favor even if there is reasonable doubt about the guilt of the suspect. A civil court only requires a “preponderance of evidence” to determine guilt, while criminal trials insist that guilt be proven “beyond all reasonable doubt.” If a judgment is given in your favor, you may receive a monetary award for physical and/or psychological impairment, loss of income, property damage, medical costs, and legal fees.
University Policy on Sexual Assault Cases
Students who are victims are strongly encouraged to report sexual assault. Caring assistance will be available to you free of charge. University Police will treat you with respect, dignity, and sensitivity. They will ensure that you are taken promptly to a medical facility for care and the possible collection of evidence.
Although police reports are strongly encouraged, reports are not required in order to receive assistance. Information regarding options and legal action is available through the Police Department.
The University of West Florida values the health and safety of every UWF student and expects its students to treat other persons with respect and dignity. SEXUAL ASSAULT WILL NOT BE TOLERATED IN ANY FORM, INCLUDING ACQUAINTANCE OR DATE RAPE. A student accused of sexual assault can be prosecuted under Florida Criminal Statutes and also disciplined under the University Code of Conduct. Even if criminal justice authorities choose not to prosecute, the University may pursue disciplinary action. This disciplinary action can include sanctions up to and including expulsion from the University. If both the victim and the accused live in the same housing unit on campus, living arrangements may be modified. Orders forbidding the accused all contact with the victim may also be issued by the University.