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If you have been sexually assaulted or are the Survivor of sexual violence,
help is available. You have many choices regarding the type of assistance you
may want. You may feel overwhelmed by the decisions facing you. When a person
is sexually assaulted, oftentimes s/he loses a sense of control over her/his
life. One way this sense of control can begin to be restored is by making the
decisions that you feel are best for you.
There are many options available to you. The following is a list of major
categories to consider with information on what will occur should you choose
that option. It is designed to offer you information so that you can make the
choices that are best for you. If you’d like to discuss these choices,
you are always welcome to talk with someone at the Department of Sexual Assault
Services and Crime Victim Assistance. We are available 24 hours per
day, 7 days per week.
During regular office hours, Monday to Friday, 8:30 AM – 5:00 PM, contact
us by calling 732-932-1181 or visiting our office at 3 Bartlett Street on
the College Avenue Campus. After office hours, contact us by calling the Rutgers
Police at 732-932-7211 and asking to speak with the SAS/CVA on-call staff
(please note that calling the police does not mean that you are reporting a
crime.)
The Major Choice Points Are:
Medical Attention
Injuries and Emergencies: Your safety and health are a priority.
If you have been injured in any way during the assault, it is important to
consider getting immediate medical attention. You may also have injuries of
which you are unaware and should consider medical treatment. Seeking medical
attention does not mean that you need to press charges. If you are in need
of immediate medical attention:
- An acute care hospital is usually the best option for seeking immediate
medical attention. If unsure whether it is an emergency, it is often better
to go anyway, as you may have injuries of which you are unaware.
- You may want a close friend, family member, or someone from your residence
life staff to accompany you to provide support and comfort. Someone from
the Department of Sexual Assault Services and Crime Victim Assistance is
also available to accompany you.
- Many hospitals have an Emergency Room social worker or crisis intervention
specialist. They may have special knowledge about sexual assault and be able
to provide assistance.
- If you choose to receive medical care from an emergency room or hospital,
but do not have the Sexual Assault Forensic Exam (SAFE) Kit complete, your
insurance may be charged for the visit and any services you received from
the hospital. A bill may be sent to your permanent address.
Evidence Collection: If the assault has occurred within
the past 5 days, you have the option of having evidence collected. This process
is useful in the event that you decide to press charges. The evidence collection
process is completed at your local Rape Crisis Center, or at a designated hospital,
and is available 24-hours a day. Here is some information to consider:
- Examinations for evidence can usually be done up to 5 days post assault
but the sooner it is done, the better chance of retrieving evidence.
- It is important to remember not to bathe, shower or douche as this destroys
evidence. Evidence is also destroyed or compromised by smoking, drinking
or eating. If possible, these activities should be avoided prior to evidence
collection. However, the examination can still be done even if you have done
all of the above.
- The examination for evidence collection, often called a forensic exam,
will sometimes not be done until the police have been called. The policies
on police involvement vary from county to county. However, calling the police
or even talking with them while in the rape crisis center does not mean that
you have to follow through on prosecution or file a formal report.
- Evidence taken during a forensic exam can be signed over to the police
and then taken to the state police laboratory for analysis, or it can be
held for up to 90 days while you decide if you want to pursue a criminal
investigation. You will have to sign a consent form prior to the exam being
done, and will sign a transfer form allowing legal authorities to take the
evidence. Evidence included in the kit will not be analyzed unless it is
needed for prosecution of the perpetrator.
- The examination is similar to a general OB/GYN exam and begins with taking
information about what happened. The exam is generally completed by a SANE
(Sexual Assault Nurse Examiner) who is specially trained. The overall purpose
for the exam is to make sure the patient is not injured and to gather evidence
from the survivor’s body. Whether the survivor is male or female, the
exam includes specimens gathered from the part of the body that was assaulted
including internal and external genital areas. Additionally, samples are
usually obtained from fingernails, hair and mouth.
- All survivors have a right to have the examination explained prior to
giving consent. Also, you have the right to refuse any part of the examination.
- There is no fee for this examination although some hospitals/centers may
charge for lab work, radiology services etc.
- Transportation is available from the Rutgers University Police Department.
Being transported by the police does NOT obligate you to press criminal charges
or file a complaint.
- All survivors have the right to have an advocate present during the entire
exam and hospital visit. A counselor from SAS/CVA is available to accompany
you.
- Either the doctor or nurse will need to ask questions about the assault
in order to make decisions about the type of examination to be done. You
may need to answer questions that are sometimes very uncomfortable regarding
the types of sexual acts which were done either by or to you. These questions
may sound intrusive but are usually asked in a non-judgmental manner.
- You will be examined externally to check for any signs of injury and contact.
All signs of injury will be documented.
- Pictures may be taken if there is noticeable trauma to the body.
- Clothing is also taken although this does not usually include coats and
shoes. Replacement clothing needs to be brought from home as most centers
and hospitals don't have surplus clothing. Clothing given to the police will
be used for evidence and will not be returned. If you have already changed
your clothing, place the clothing you had on at the time of the assault in
a paper bag, preferably one item per bag. Try not to use plastic, as it can
destroy evidence.
- Some centers will do baseline testing for sexually transmitted infections
(STIs). Some facilities will give medications/prescriptions based on preventative
treatment and survivors must be given information and access to emergency
contraception (EC). Sometimes centers will refer you to other programs for
STI testing. This is also available at the health center on your campus.
- If you believe you were drugged prior to the sexual assault, it is important
to disclose that information so that a drug screen can be done. If you have
concerns with having a drug screen performed, you can speak with the Rape
Care Advocate or a counselor from SAS/CVA.
- HIV testing is available and should be discussed. You can contact the
health center on campus to ask for more information about testing and testing
sites, or contact SAS/CVA for information regarding free, anonymous and confidential
HIV testing.
Student Health Centers: If you choose to neither report
the assault nor have an examination for the collection of evidence, you can
go to the student health center on your campus and receive support, a general
exam, information, and important medical testing for sexually transmitted infections,
pregnancy, and HIV. Additionally, emergency contraception (the morning after
pill) is available up to 72 hours after the assault.
Police Contact - What to expect
Sexual Assault is both a criminal and a university offense and there are
options for pursuing these charges. You may decide to do one or the other,
both, or neither. Deciding to press criminal charges and involve the police
is a personal decision. Some survivors know that this is a process that they
definitely want to pursue, while others are unsure. If you would like to talk
to someone first about what is involved in the process of pressing criminal
charges, please feel free to contact SAS/CVA. If you decide to report the incident
to the police, below are some points to take into consideration:
- If you decide to report the incident, contact the police in the municipality
where the sexual assault took place as they have jurisdiction to investigate.
If you are unsure of the location, contact the police where you think the
crime occurred. If the assault occurred on university property, contact Rutgers
University Police Department. If you are unsure, contact the Rutgers University
Police Department and they will assist you.
- Although a patrol officer is generally the first to respond, a trained
detective will do the investigation. Police, in order to investigate the
crime, will question the survivor, collect evidence from the crime scene,
receive the evidence obtained at the hospital, take a formal statement and
protect the survivor's anonymity.
- The survivor is entitled to request the presence of a Rape Care Advocate
during the interview. The survivor has the right to have a Rape Care Advocate
present during all medical and law enforcement procedures. If you would like
to speak with an advocate or have an advocate present, contact SAS/CVA.
- The interview will usually focus on the events prior to the initial contact
with the assailant, a detailed account of the behavior and words used by
the survivor and the assailant, a detailed account of the assault and a description
of the assailant.
Prosecution - What does it involve
You may decide to press criminal charges and pursue prosecution. There are
several steps involved in this process. A counselor from SAS/CVA is available
to provide guidance, support, accompaniment, and information about the process.
Some information to take into consideration about prosecution:
- Sexual assault is a crime that is prosecuted by the state. The survivor
is assigned an attorney from the Prosecutor's office in the county where
the assault took place. This person is usually part of a special sex crimes
unit.
- Once the police finish their investigation, all evidence is turned over
to the Prosecutor’s Office, where it is reviewed. The Sex Crimes Unit
of the Prosecutor’s Office will then make decisions regarding the case.
The survivor becomes a witness if the case moves forward.
- The law also limits the admissible evidence concerning the survivor’s
prior sexual activity.
- There are several levels of the prosecution process including issuance
of a warrant, arrest, arraignment, grand jury and the trial. Some steps require
the survivor’s presence in court. If you have concerns or questions
regarding this process, contact SAS/CVA.
Bringing University Charges
Sexual assault is a violation of the University Student Code of Conduct.
This option may be used when the assailant and the survivor are students even
when it occurs on non-university property. When considering bringing university
charges, consider the following information:
- Under the University Code of Conduct, sexual assault is a separable offense
and if found responsible, the respondent may be expelled or suspended from
the university. A range of other penalties may be chosen by the Judicial
Board that hears the complaint.
- The standard of proof is different than for criminal charges, which must
have belief beyond a reasonable doubt. In university cases, there must be
clear and convincing evidence that the accused individual did violate the
regulation. The university guarantees that in cases involving allegations
of sexual assault, the Hearing Officer will ensure that protections afforded
under NJ's "Rape Shield Law" are followed which protect the rights
of the survivor.
- University charges are filed with the Office of Student Judicial Affairs.
Someone at SAS/CVA can help with this process, act as a complainant for you,
or serve as your advisor.
- Survivors have the option of bringing university and/or criminal charges
or neither.
Telling family and significant others
Deciding whom to tell about the assault is a personal decision. Every individual’s
situation is different and the comfort level survivors have with disclosing
this information varies. Telling someone about the assault is a decision that
should be made if you feel comfortable and ready, and feel that this person
can offer you support. When deciding who to tell about the assault, consider
the following points:
- Having support of friends or family during this time is important to your
recovery. You may wish to carefully consider who around you makes you feel
comfortable and safe, and let that person(s) know what happened.
- Sometimes survivors feel that they are burdening others by talking about
the assault. Remember that those people around you who care about you want
to be there to provide support. You would probably do the same for them if
they experience a challenging situation.
- Consideration of your family and friends’ possible reactions is
helpful in making this decision. You may wish to think about past and current
relationships and history of support, and how you think family members and
friends may respond.
- Understand that responses may vary widely from supportive and understanding
to rejection and accusation. These responses may come from the same person
over a period of time.
- At times not telling the family may be the right decision- the survivor
can make this determination. You may decide to tell family and other at a
later date or not at all. Each individual must make this decision for her/himself.
- Friends, partners, lovers and other significant people including roommates,
may have a difficult time understanding your feelings. They may also be in
need of counseling, not only to assist you but also to obtain support for
their own feelings. Counseling is available at SAS/CVA not only for survivors
but also for others who may be affected.
Seeking professional counseling/therapy
Professional counseling is often helpful for survivors because it provides
a safe place to talk about your experience at your own pace with someone who
is objective and trained in these issues. Free and confidential counseling
is available to members of the Rutgers community at the Department of Sexual
Assault Services and Crime Victim Assistance. When thinking about the option
of counseling, the following points can be taken into consideration:
- Each survivor has his/her own recovery timetable. Some people are ready
for counseling right away and others delay. Some never seek assistance. No
matter how long ago or recently the assault occurred, counseling is available.
- Counseling is usually an on-going process. It provides a place for survivors
to process the impact of the assault over time.
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