Sexual assault is trauma that changes every aspect of a human defense system, physically, emotionally, and mentally. Legal rights can also offer some context and direction in tough times like these. Being informed gives survivors the power to better understand and maneuver through the legal system. This article covers the information you need to understand your rights and your options better.
Interpreting Definitions In the Legal Context
Sexual assault is an umbrella term that involves non-consensual sex-related contact. Definitions under the law differ from jurisdiction to jurisdiction, but in general terms, assault is unwanted sexual behavior of any kind. Consent needs to be unambiguous and freely given, and the absence of consent, whether under the influence of a substance or unconscious, is of great importance in the legal world. The legal terminology and definitions will vary by location, and knowing this information, coupled with the assistance of a sexual assault attorney in Dallas, is vital to a successful case.
Filing a Police Report
It is up to you whether or not to report this to law enforcement. While some survivors may enter this route to seek justice against their perpetrators, others may not be ready yet. Reporting as soon as possible preserves critical evidence if you are thinking of filing a report. This may involve law enforcement collecting evidence and interviewing witnesses. Reporting as early as possible is an effective way of letting the perpetrator of sexual assault know that they have wronged the victim. Also, when a report is filed, the investigation starts and follows a streamlined process. It’s beneficial for the victim to be aware of this process so they know what to expect.
Seeking Medical Attention
Medical care is essential after an assault, both for safety and evidence collection purposes. There may be a forensic exam, also known as a "rape kit," that a healthcare provider can perform to collect evidence. While this process may seem invasive, it is an important step in creating a solid legal argument. Survivors can refuse the sexual assault exam, and they are allowed to bring someone they trust to the procedure for support.
Legal Assistance and Support
Legal assistance from experts also provides support in dealing with the intricacies of the judicial system. Sexual assault attorneys provide valuable consultation in making sure that a survivor's rights are protected. Many legal aid organizations provide services for free or at a reduced rate for individuals unable to pay regular legal costs. Moreover, victim advocates even offer emotional support and guidance to survivors on their legal options and resources.
Pursuing a Civil Case
In addition to criminal charges, survivors may be able to bring a civil lawsuit against the assailant. Civil cases are more concerned with compensating the damages of the people destroyed by the assault. The civil route is a way for survivors to hold offenders accountable when no crimes are charged financially. Speaking to an attorney will help determine if a civil suit is possible.
Statutes of Limitations Explained
Unlike criminal violations, statutes of limitations determine the time allowed before bringing a lawsuit. There are statutory limits to how many years after a crime a defendant may be tried, but those limits differ from jurisdiction to jurisdiction and based on the crime in question. Recognizing that the often complex and debilitating reality of trauma can impact the way survivors can come forward and report sexual assault, some areas have extended statutes of limitations, and others have eliminated that statute.
Restraining Orders and Protective Orders
Victims or survivors of sexual assault can obtain protective or restraining orders against offenders. They also can include contact bans, thereby providing some feeling of protection. Acquiring an order means going through a legal procedure guided by an experienced attorney. If the aggressor violates such orders, he may be put to the court of law.
Accessing Support Services
Mental and emotional support is an essential part of recovery. Many organizations provide counseling, support groups, and resources for victims of sexual violence. Participating in such activities and forums can create a sense of kinship and much-needed emotional support. All survivors should have access to these services and platforms, many of which are free.
The Importance of Self-Care
With all the legalities and emotional recovery going on, self-care is still a must. Engaging in activities that prioritize the self can create the much-needed positive energy to begin healing. Every person is unique, so finding ways to nurture and support your healing journey will look different for each survivor.
Find Legal Assistance for Sexual Assault
It is crucial for sexual assault victims to be aware of their legal rights, as this is an essential step for a victim to be able to recover. Having information allows survivors to recover some control and can guide them through the difficult process ahead. The legal system can be intimidating, but there is help out there. Survivors can make informed choices with the right tools and knowledge that work for them.
