8 Things Every Woman Should Know About Reporting Sexual

Assault

The woman who was raped by Brock Turner gave eloquent voice to the
painful, life-changing experience suffered by thousands of victims every year.
Her incredible victim impact statement went viral for not only laying out what
had been done to her and how it affected her but for calling out Turner's
attempt to shrug off responsibility for his actions. But it is also remarkable for
something it didn't say: that her experience, or something like it, happens to
20 percent of college women. One in 5 girls (and 1 in 16 boys) who go to
college will be sexually assaulted before they graduate.

What do you do if it happens to you? Despite the national conversation about

sexual assault, many victims aren't sure what steps to take or what to expect
from the legal system. I worked as a federal prosecutor specializing in sex
crimes for 12 years and handled hundreds of sexual assault cases during that
time. I understand how hard it is for survivors to report these incidents and
why many are reluctant to get involved in the system.

But while every survivor should make her own choice about what to do, I
believe there's good reason to report — and you should have the information
you need in order to do so.

1. If you suspect you've been sexually assaulted, don't shower or

bathe. As much as you might want to clean yourself, your body is a crime
scene, and the evidence is fragile. Hairs, skin cells, and clothing fibers from
the assailant may be on or in you. DNA from semen can survive only about 72
hours inside the vagina or anus, so time is precious.

2. Report the rape immediately. Call 911 and tell the police what
happened. I write this knowing that most victims probably won't do that. Rape
is the most underreported crime in America, and about two-thirds of sexual
assaults go unreported. But as hard as it is to come forward, if you don't, he
will probably do it again: 90 percent of sexual assaults are perpetrated by
serial offenders. A man who commits sexual assault likely did it before — and
will do it again unless stopped.

If you call the police immediately, your case can become much stronger.
Evidence can be collected, crime scene pictures taken, witnesses interviewed.
Police will attempt to talk to your assailant, which can provide crucial
evidence.
3. But know that it's not too late if you wait to report later. If you
didn't report the rape immediately, I still encourage you to report it when you
feel strong enough to do so. Many victims come forward after days, weeks, or
even years have passed. Although the evidence will not be as strong as when
there is a fresh report, a prosecutor may still be able to build — and win — a
case. Also, because there is so often a delay in reporting to police, there are
now programs that capture reports even when the victim isn't immediately
sure whether to press charges. Callisto is a non-police online reporting tool
where survivors can log the details of their assault in a time-stamped
document, preserving their statement without filing a police report that would
initiate the criminal justice process. When you enter the name of your
assailant, the system lets you know if anyone has reported him before.

4. Have a rape kit done. If you call the police, they should bring you to a
hospital where you will have a rape kit done. Many hospitals have a Sexual
Assault Nurse Examiner (SANE) who will take your clothing, swab the
relevant anatomy, comb your hair, and scrape your fingernails for evidence.
He or she will take pictures of your injuries and write down your statement of
what happened. You'll be given medicine to prevent disease and pregnancy.
The process takes about four hours and is as invasive as it sounds, but the
DNA evidence this process collects will be extremely valuable in trying a case.
It can prove that sex occurred and identify the perpetrator. For the rapist, it
can be the difference between years in jail and another night out at a frat
party. If a hospital doesn't have a SANE nurse, you should still ask to have a
rape kit done.

5. Understand the difference between your campus and the local

police. If the rape happens on campus, you may report it to your university,
but understand that you are initiating a very different process than the
criminal justice system. Colleges are required by Title IX to address sexual
harassment, including sexual assaults, on their campuses. They do so by
holding private disciplinary hearings that are often led by college
administrators who may have little experience in adjudicating sex crimes. The
burden of proof — what must proven to hold the assailant responsible — is
much lower in disciplinary hearings. But the consequences are also
diminished: The worst punishment a college can give is to expel the assailant
from campus.

And colleges have a history of sweeping these crimes under the rug. More
than 150 colleges are currently under investigation for violating Title IX or
the Clery Act (which requires truthful reporting of the crimes on campus).
While Stanford expelled Turner almost immediately, many young women have
felt that they were re-victimized by their college's apathy or antagonism.

The criminal justice system, on the other hand, is a very public process. While
most news sources will not publish the names of rape victims, the records are
open to the public. Importantly, if he is convicted, the defendant's crime will
become public and available to any employer considering hiring him.

In the criminal justice system, a prosecutor must prove the case "beyond a
reasonable doubt," the highest burden of proof in American law. Twelve jurors
must unanimously agree that this burden has been met. While this is a higher
burden than in the college disciplinary system, the consequences are also
more severe: Jail time is the end result of this system.

I agree with the outrage over the paltry six-month sentence given to Brock
Turner. But as a former prosecutor, I also should point out that no college
disciplinary system could have given Turner the consequences he got from his
criminal trial: public notoriety, registration as a sex offender, probation, and
time in jail.

Note that the two systems do no necessarily overlap. Campus police do not
always report sex assaults to the local police, and vice versa. Some victims
don't realize that by reporting to their campus, they're not necessarily
initiating the criminal justice process. So if you want to report in the criminal
justice system, you should call your local police, even if the campus has been
alerted.

In the criminal-justice system, a detective will be assigned your case. That

detective will work with a prosecutor to develop evidence and determine if
there is enough to go forward with a prosecution. You will get a victim
advocate to counsel you and set you up with additional resources to help you
heal. You may be eligible for victims' compensation to help pay for things like
medical expenses and counseling. If the case goes forward, you may be asked
to testify in the grand jury, a closed and private hearing. If the defendant
doesn't take a plea deal, you will have to testify in open court at trial. Many
survivors find this to be a difficult experience, recounting the worst day of
their life to a room full of strangers. A good prosecutor will show you the
courtroom ahead of time and prepare you for the process. A team of law-
enforcement experts, from lawyers to advocates to detectives, will be on your
side.
If the defendant is convicted, you have the right to make a victim impact
statement, like the survivor so memorably did in Turner's case, and to be
heard on what you wish the punishment to be.

6. Be strong. I'm not going to sugarcoat it: Neither process is easy. Both can
take up your time, energy, and mental space. You may feel judged by your
peers or the public. And the results are uncertain. No one can guarantee a
conviction or jail time. The prosecutors I worked with were some of the most
devoted public servants you can imagine, toiling long hours into the nights to
build the strongest cases possible. But we didn't win every case, and we didn't
get the sentence we argued for every time. In fact, according to the Rape,
Abuse, & Incest National Network (RAINN), "Out of every 1000 instances of
rape, only 13 cases get referred to a prosecutor, and only 7 cases will lead to a
felony conviction." The experience of going forward with a case and not
getting the result you want can be crushing for both the victim and the
prosecutor.

Still, I would encourage you to make a report if you've been assaulted. This is a
crime that has thrived in silence for too long. While neither process is perfect,
there can be no accountability for predators unless survivors are strong
enough to come forward and talk about what happened to them. Reporting
gives important information to the authorities and can help solve other
crimes. It helps police gather numbers on sexual assault, which influences the
policy on how these crimes are dealt with. It can help you take an active role in
your own case, thus regaining a measure of control, and it is a healthy way to
channel anger. While you might not feel strong in the immediate aftermath of
an assault, most victims find that they are stronger than they realized.

7. Take care of yourself. Many survivors of sexual violence

experience depression, flashbacks, and PTSD. It's so important to talk to
someone who is professionally trained to help. The prosecutor's office can help
set this up for you. And I encourage you talk to trusted friends and family
when you're ready. Some of the most inspiring moments I saw as a prosecutor
showed the love between family members that lifted each other up and helped
the survivor heal.

8. Know that the assault is not your fault. No matter what you wore, no
matter what you drank, no matter who you danced with that night or slept
with in the past, sexual violence is not your fault. There is only one cause of
rape: rapists.
Allison Leotta was an assistant U.S. attorney in Washington, D.C., where she
specialized in sex crimes. She now writes novels, for which she's been dubbed
"the female John Grisham." Her latest book, The Last Good Girl, is about
campus sex assault.