* Definition
* Overview
* Reactions of
Sexual Assault Victims
* If an
Individual is Sexually Assaulted
* HIV/AIDS and
the Sexual Assault Survivor
* Services for
the Sexual Assault Survivor
* What to do for
a Victim of Sexual Assault
* References
* Bibliography
* Additional
Information
* In 2005,
92 percent of rape or sexual assault victims were female; those 16-19
years old had the highest rate of sexual victimization of any age
group. A total of 191,670 rapes and/or sexual assaults were
experienced by victims 12 years old or older (Shannan M. Catalano,
2005).
* Of
female sexual assault victims, 73 percent were assaulted by someone
they knew, and 26 percent were assaulted by a stranger. Thirty-eight
percent of women assaulted by a known offender were friends or
acquaintances of the rapist, and 28 percent were intimate partners
(Shannan M. Catalano, 2005).
* Under 39
percent of all rapes and sexual assaults were reported to law
enforcement (Shannan M. Catalano, 2005). Sexual assault is one of the
most underreported crimes, with males being the least likely to
report a sexual assault (RAINN, 2005).
* Recent
research has found that rape survivors who had the assistance of an
advocate were significantly more likely to have police reports taken
and were less likely to be treated negatively by police officers.
These women also reported that they experienced less distress after
their contact with the legal system (Rebecca Campbell, 2006).
* Between
1999 and 2000, all rapes, 39 percent of attempted rapes, and 17
percent of sexual assaults against females resulted in injuries.
Most victims did not receive treatment for their injuries (Callie
Rennison, 2006).
* In 2004,
there was a 50% increase in victim compensations paid for forensic
sexual assault exams compared to 2003 (National Association of Crime
Victim Compensation Boards, FY 2004).
Definition:
Sexual assault takes many forms including attacks
such as rape or attempted rape, as well as any unwanted sexual
contact or threats. Usually a sexual assault occurs when someone
touches any part of another person's body in a sexual way, even
through clothes, without that person's consent. Some types of sexual
acts which fall under the category of sexual assault include forced
sexual intercourse (rape), sodomy (oral or anal sexual acts), child
molestation, incest, fondling and attempted rape. Sexual assault in
any form is often a devastating crime. Assailants can be strangers,
acquaintances, friends, or family members. Assailants commit sexual
assault by way of violence, threats, coercion, manipulation, pressure
or tricks. Whatever the circumstances, no one asks or deserves to be
sexually assaulted.
Overview
In
most jurisdictions, the term sexual assault has replaced the term
rape in the state statutes. This was done to be more gender-neutral
and to cover more specific types of sexual victimization and various
levels of coercion. For example, some state codes define Sexual
Assault in the First Degree or Aggravated Sexual Assault as
physically or psychologically forced vaginal, anal or oral
penetration - which has typically been thought of as rape.
Sexual Abuse, Sexual Misconduct, Sodomy,
Lascivious Acts, Indecent Contact, and Indecent Exposure are all
examples of possible sexual assault charges. Basically, almost any
sexual behavior a person has not consented to that causes that person
to feel uncomfortable, frightened or intimidated is included in the
sexual assault category.
The law generally assumes that a person does
not consent to sexual conduct if he or she is forced, threatened or
is unconscious, drugged, a minor, developmentally disabled,
chronically mentally ill, or believe they are undergoing a medical
procedure. Some examples of sexual assault include:
Someone
putting their finger, tongue, mouth, penis or an object in or on
your vagina, penis or anus when you don't want them to;
Someone
touching, fondling, kissing or making any unwanted contact with your
body;
Someone
forcing you to perform oral sex or forcing you to receive oral sex;
Someone
forcing you to masturbate, forcing you to masturbate them, or
fondling and touching you;
Someone
forcing you to look at sexually explicit material or forcing you to
pose for sexually explicit pictures; and
A doctor, nurse,
or other health care professional giving you an unnecessary internal
examination or touching your sexual organs in an unprofessional,
unwarranted and inappropriate manner.
Reactions of Sexual Assault Victims
Since
every person and situation is different, victims of sexual assault
will respond to an assault in different ways. Many factors can
influence an individual's response to, and recovery from, sexual
assault. These may include the age and developmental maturity of the
victim; the social support network available to the victim; the
victim's relationship to the offender; the response to the attack by
police, medical personnel, and victim advocates; the response to the
attack by the victim's loved ones; the frequency, severity and
duration of the assault(s); the setting of the attack; the level of
violence and injury inflicted; the response by the criminal justice
system; community attitudes and values; and the meaning attributed to
the traumatic event by the sexual assault survivor (Koss &
Harvey, 1991). Some survivors of sexual assault will find they can
recover relatively quickly, while others will feel the lasting
effects of their victimization throughout their lifetime.
Possible Physical Effects of Sexual Assault
Pain
Injuries
Nausea
Vomiting
Headaches
Possible Emotional/Psychological
Effects of Sexual Assault
Shock/denial
Irritability/anger
Depression
Social
withdrawal
Numbing/apathy
(detachment, loss of caring)
Restricted
affect (reduced ability to express emotions)
Nightmares/flashbacks
Difficulty
concentrating
Diminished
interest in activities or sex
Loss
of self-esteem
Loss
of security/loss of trust in others
Guilt/shame/embarrassment
Impaired
memory
Loss
of appetite
Suicidal
ideation (thoughts of suicide and death)
Substance
Abuse
Psychological
disorders
Possible Physiological Effects of Sexual Assault
Hypervigilance
(always being "on your guard")
Insomnia
Exaggerated
startle response (jumpiness)
Panic
attacks
Eating
problems/disorders
Self-mutilation
(cutting, burning or otherwise hurting oneself)
Sexual
dysfunction (not being able to perform sexual acts)
Hyperarousal
(exaggerated feelings/responses to stimuli)
In
addition to these effects, a survivor of
sexual assault may develop Rape-related Posttraumatic Stress Disorder
(RR-PTSD). According to the National Women's Study, nearly one-third
of all rape victims develop RR-PTSD sometime during their lifetimes
(National Center for Victims of Crime & Crime Victims Research
and Treatment Center, 1992). PTSD is a mental health disorder
primarily characterized by chronic anxiety, depression and flashbacks
which develop after experiencing significant trauma such as combat,
natural disaster or violent crime victimization. RR-PTSD is diagnosed
by a mental health professional when the biological, psychological
and social effects of trauma are severe enough to have impaired a
survivor's social and occupational functioning (Allen, 1995 p.169)..
If an Individual is Sexually Assaulted
It
is important that the victim of sexual assault understand that no
matter where they were, the time of day or night assaulted, what they
were wearing, or what they said or did, if they did not want the
sexual contact, then the assault was in no way their fault. Persons
who commit sexual assault do so out of a need to control, dominate,
abuse and humiliate. Sexual assault is the articulation of aggression
through sex, and has little to do with passion, lust, desire, or
sexual arousal.
Survivors of sexual assault, as stated
earlier, react in many different ways following the assault(s).
Whatever the reaction, it may be helpful for the victim of sexual
assault to call a friend, relative, partner, the police, or an
advocate specifically trained in assisting victims of sexual assault.
Some prosecutor's offices, police departments, and every local sexual
assault program have trained advocates who work with sexual assault
victims and can provide a variety of services including:
Accompaniment to the hospital,
during the rape exam and to the police station;
Information
about reporting procedures and what to expect;
Legal
advocacy and court accompaniment;
Emergency
crisis intervention, counseling and referrals;
Counseling
for the victim's partner, spouse or family;
Assistance
in finding care for children; and
Information
about sexually transmitted diseases, HIV and pregnancy testing.
- Immediately after an
assault, it is most important that the victim find a safe place,
such as a neighbor or friend's house, police station, or hospital.
If the assault occurred in the home, the house should be secured
as soon as possible by locking all the doors and windows. If a
survivor is hurt, it is imperative to immediately dial 911 to
request an ambulance or have a trusted friend or relative
transport the survivor to the nearest medical facility for
evaluation and treatment.
Reporting the Assault(s)
The
decision to report a sexual assault lies within the discretion of
the sexual assault survivor. If a sexual assault survivor plans to
report the assault to law enforcement, it is crucial for evidentiary
reasons that they do not:
Shower,
bathe, or douche;
Throw
away any clothes that were worn at the time of the assault;
Brush
or comb their hair;
Use
the restroom;
Brush
their teeth or gargle;
Put
on makeup;
Clean
or straighten up the crime scene; and
Eat or drink
anything.
If
planning to report, it may prove helpful
for the survivor to immediately write down everything they can
remember about the assault including: what the assailant(s) looked
like (e.g., height, weight, scars, tattoos, hair color, clothes); any
unusual odor; any noticeable signs of intoxication; anything the
assailant(s) said during the assault; what kinds of sexual activities
were demanded and/or carried out; what kinds of weapons, threats or
physical force were used; and any special traits noticed (e.g., limp,
speech impediments, use of slang, lack of erection, etc.) (Johnson,
1985). Writing it down will not only aid the survivor in recalling
details should they be required to testify, but it also gives the
sexual assault survivor an active role in the investigation, which
can allow for a feeling of empowerment and an element of control in a
situation where control had previously been taken away.
The survivor who reports the assault to the
authorities will most likely have to undergo a sexual assault
forensic examination, sometimes called a "rape kit." During
this procedure a doctor or nurse will collect the evidence necessary
to establish that a crime occurred and, if possible, establish who
committed the crime. To do so, the nurse or doctor will perform an
internal examination (either vaginally, anally or both) taking swabs
of any secretions left by the perpetrator and will do the same to the
victim's mouth if any oral contact was made during the assault. In
addition, samples of the victim's hair and pubic hair will be plucked
from the root, and many times several hairs need to be collected so
some discomfort will be felt. The pubic hair will also be combed
through to collect any foreign hair, secretions, or matter. The
clothes the victim was wearing will be held as evidence also, so it
is a good idea for the survivor to bring along a change of clothes to
the hospital. A series of photographs will also be taken of the
victim, including anywhere there are bruises, scrapes or cuts.
A victim who chooses to report the assault will
probably be asked to describe their victimization in detail to
several different officers and investigators. The survivor may also
have to tell a nurse what happened, and may want to share their
feelings with an advocate. If the case is pursued, at a later date
the survivor will be interviewed by the prosecutor's office, and may
have to take part in different hearings in which the victim is asked
questions about the assault. The sexual assault survivor who plans to
prosecute should know it may take months or years for a case to go to
trial, so he or she should be prepared to talk about their
victimization many times before ever having to testify before a trial
jury or judge.
It is the fear of intrusive and re-victimizing court
procedures that prevent many sexual assault survivors from reporting
their assault(s). In 2005, Under 39 percent of all rapes and sexual
assaults were reported to law enforcement (Shannan M. Catalano,
2005). Many factors contribute to under-reporting including shame and
embarrassment, self-blame, fear of media exposure, fear of further
injury or retaliation, and fear of a legal system that often puts the
victim's behavior and history on trial. A majority of states now have
laws called "rape-shield" statutes, which prohibit any
non-relevant evidence of the victim's past sexual history from being
used by the defense at trial.
There are benefits to reporting sexual assaults,
however, which include being eligible for state crime victim
compensation funds. If a victim is eligible, these funds can possibly
pay for the sexual assault forensic examination; other medical
expenses; one-time or ongoing sexually transmitted disease testing;
psychological counseling and treatment; lost wages; and other
services and assistance.
In addition, many sexual assault survivors report
that choosing to follow through with prosecution contributes to a
feeling of accomplishment and empowerment because they are attempting
to protect themselves and others in the community from being
victimized. Many victims also report the attempt to put their
assailant(s) in jail allows for a feeling of closure, enabling them
to put the assault behind them (Johnson, 1985). Moreover, it is only
by more individuals reporting sexual assaults that pressure can be
placed on the legal system and the community at large to reduce the
negative consequences on victims who report sexual assaults.
Furthermore, if individuals who commit sexual assault offenses are
not apprehended and prosecuted, they will continue to commit sexual
offenses. One widely recognized study found that 126 admitted rapists
had committed 907 rapes involving 882 different victims (Abel et al.,
1987). That study does not account for the multiple victims of child
sexual assault, incest, molestation or other forms of sexual
predatory behavior which typically have a high number of victims and
re-offense rate. Therefore, the more sex offenders that are
apprehended and prosecuted, the fewer victims of sexual assault.
HIV/AIDS and the
Sexual Assault Survivor
A concern of many survivors of sexual assault is the
possibility of transmission of HIV, the virus that causes AIDS, as a
result of their victimization. According to the National Women's
Study, 40% of rape victims were significantly concerned about
contracting HIV as a result of the assault. Though the actual risk of
transmission from a single act of sexual assault is relatively low,
the psychological stressor of possible HIV infection is quite
significant for the survivor of sexual assault (Gostin et al., 1994).
If the survivor wishes to be tested for HIV, he or she should talk to
a trained advocate or HIV/AIDS professional counselor about the
testing process and options. In most cases if a victim has contracted
HIV Disease as a result of the assault, he or she will test positive
within two weeks of the assault. In some instances it may take up to
three months for a positive result.
If the victim decides to be
tested, it is important to locate an anonymous testing site. To
protect confidentiality, whenever possible avoid testing at a
hospital or with a family physician. If the first test result is
negative, follow-up testing should be conducted three months, six
months and one year after the assault. Many victims also wish to know
the HIV status of their assailant. Most states allow for testing of
alleged and convicted sex offenders and disclosure of the results to
the victim.
Services for the
Sexual Assault Survivor
Whether or not a sexual assault victim chooses to
report the assault(s) to the authorities, there is support and help
for the survivor in most communities. The local rape crisis or sexual
assault program's advocates will work with a survivor no matter what
course of action they choose to pursue. Along with providing direct
service to victims, agencies also conduct sexual assault awareness,
prevention and education programs in schools and the community, and
work closely with their state sexual assault coalitions to advocate
for fair legislation pertaining to victims of sexual crimes.
Many communities have established written protocols
for response to sexual assault victims to ensure they are treated by
all service providers in a consistent, responsible and sensitive
manner. In addition, many jurisdictions have created
multi-disciplinary teams, sometimes called S.A.R.T (Sexual Assault
Response Team) programs. These teams usually consist of law
enforcement officers, advocates, and Sexual Assault Nurse Examiners
or doctors that respond to crime scenes, hospitals and police
stations to serve the immediate needs of the sexual assault survivor.
Communities use this comprehensive approach to sexual assault victim
assistance to reduce the negative aftereffects and trauma associated
with sexual victimization by limiting the number of interviews and
providing the survivor with immediate resources for assistance.
Furthermore, many prosecutors' offices and law
enforcement agencies have Victim/Witness programs that work closely
with victims once they have decided to report and/or prosecute. These
criminal justice system-based service providers in most jurisdictions
can assist a victim in filing for state crime victim compensation
funds; will file a restitution claim with the Court; will notify a
victim of hearings, possible plea negotiations and court schedule
changes; will accompany a survivor to various court proceedings; will
explain the legal process and legal proceedings to the survivor; and
will interact on the behalf of the victim's interests with the
various attorneys, court personnel, and the survivor's employer or
school.
Many communities also have community mental health
centers that provide psychological counseling, support groups and, if
necessary, referral to psychiatrists for medication assessments. Most
of these centers provide services on a sliding-fee scale basis,
charging clients according to what they can afford.
The effects of sexual victimization can be severely
traumatic, and survivors generally find that time-limited or even
long-term counseling is extremely important to their recovery. Even
after initial crisis counseling, victims may find it helpful to
return to counseling periodically when it becomes difficult to manage
the aftereffects of sexual assault without further guidance and
assistance. If the survivor does not wish to contact a sexual assault
or rape crisis advocate or mental health counselor, they may want to
talk through their feelings with a trusted family member, friend, or
member of the clergy.
What to do for a Victim of Sexual
Assault
Sexual
assault affects not only the victim, but the loved ones and family of
the survivor, as well as the community. Family members and friends
many times not only have to help their loved one manage the
aftereffects of the assault but also have to deal with their own
feelings about the victimization of someone they care about. Those
that live with the survivor may become concerned about their security
and may have similar feelings and responses as those the survivor
experiences. Family members in some communities can find support
groups for loved ones of those who have been victims of sexual
assault. The immediate neighborhood as well may be affected by the
victimization of their neighbor and become more concerned about their
personal safety. They may respond to the assault(s) by establishing a
neighborhood watch program or installing better street lighting.
Professionals in the community who have direct contact with the
survivor may develop protocols, or guidelines for response, to sexual
assault victims to ensure the needs of survivors are being addressed
within their respective agencies.
To be of assistance to a survivor one should:
Listen
without judging;
Let
them know the assault(s) was not their fault;
Let
them know they did what was necessary to prevent further harm;
Reassure
the survivor that he or she is cared for and loved;
Encourage
the sexual assault victim to seek medical attention;
Encourage
the survivor to talk about the assault(s) with an advocate, mental
health professional or someone they trust; and
Let them know
they do not have to manage this crisis alone.
References
Abel, Gene, et al. (1987). "Self-Reported Sex
Crimes of Nonincarcerated Paraphiliacs." Journal of
Interpersonal Violence, 2(1): 3-25.
Allen, Jon. (1995). Coping with Trauma.
Washington, D.C.: American Psychiatric Press.
Campbell, Rebecca. "Rape Survivor's Experiences
with the Legal and Medical Systems: Do Rape Victim Advocates Make a
Difference?" Violence Against Women 12 (2006).
Catalano, Shannon M. "Criminal
Victimization, 2005." (Washington, DC: Bureau of Justice
Statistics, 2006).
Gostin, Lawrence et al. (1994). "HIV Testing,
Counseling, and Prophylaxis After Sexual Assault." Journal of
the American Medical Association, 271(18): 1436-1444.
Johnson, Kathryn. (1985). If You Are Raped: What
Every Woman Needs to Know. Holmes Beach, FL: Learning
Publications, Inc.
Koss, Mary & Harvey, Mary. (1991). The Rape
Victim: Clinical and Community Interventions. Newbury Park, CA:
Sage Library of Social Research.
National Association of Crime Victim Compensation
Boards, "FY 2004: Compensation to Victims Continues to
Increase." NACVCB, 2005.
National Center for Victims of Crime & Crime
Victims Research and Treatment Center. (1992). Rape in America: A
Report to the Nation. Arlington, VA: National Center for Victims
of Crime.
RAINN, Rape, Abuse &
Incent National Network, "National Sexual Assault Hotline,"
2006.
Rennison,
Callie, "Rape and Sexual Assault: Reporting to Police and
Medical Attention," Bureau of Justice Statistics, 2006.
Bibliography
Burgess, Ann. (1991). Rape and Sexual Assault III:
A Research Handbook. New York: Garland
For additional
information, please contact:
National Sexual Violence Resource Center
123 North Enola Drive
Enola, Pennsylvania.
17025
877-739-3895 (tollfree)
717-909-0710 (phone)
717-909-0714 (fax)
717-909-0715 (TTY)
National Alliance to End Sexual
Violence(202) 289-3903
www.naesv.org
National Center for Victims of Crime2000
M Street NW, Suite 480
Washington, DC 20036
Phone: (202)
467-8700
Fax: (202) 467-8701
www.ncvc.org
Rape, Abuse, and Incest National Network
(RAINN)
National Sexual Assault Hotline
2000
L Street, NW, Suite 406
Washington,DC 20036
(202)
544-1034
(800) 656-HOPE (4613)
info@rainn.orgwww.rainn.org
National Association for Crime Victims
Compensation Boards(703)
780-3200
www.nacvcb.org
Centers for Disease Control and
Prevention1600 Clifton Road
Atlanta,
Georgia 30333
(404) 639-3311
Public Inquiries (404) 639-3534, (800)
311-3435
www.cdc.gov