- This Is What It’s Like To Date A Girl Who’s A Survivor Of Sexual Assault
- Here are five tips for dating a survivor of sexual assault.
- Post-assault treatment of sexual assault victims - Wikipedia
If there is a criminal trial, victims suffer a loss of privacy and their credibility may be challenged. Victims may also become the target of slut-shaming , abuse, social stigmatization , sexual slurs and cyberbullying. Various laws have been created with a motive to protect victims. During criminal proceedings, publication bans and rape shield laws protect victims from excessive public scrutiny. Laws may also prohibit defence lawyers from obtaining a victim's medical, psychiatric or therapeutic records. Statutory rape laws set the age of legal consent for sexual activity and prohibits perpetrators from alleging the victim consented to the activity.
Victims in some jurisdictions can seek damages from police and institutions if warnings were not issued. Numerous victims' rights groups operate to improve the treatment of victims. Examiners may also collect fingernail scrapings and pluck head and pubic hairs. Many "rape kits" are untested because they are never submitted to crime labs or because crime labs have insufficient resources to test all of the submitted kits.
As part of police investigations, victims are interviewed by police. The interview is usually recorded, a transcript may be prepared and the interview may be made available to the public. Discrepancies between the victim's statements to police and other evidence are grounds for the defence lawyer to impeach the credibility of the victim. In investigations involving acquaintance or date rape , the electronic communications between the accused and the victim may be reviewed in order to determine if the victim consented to the sexual activity. Jovanovic , the New York appeals court determined that emails from the alleged victim should be included in evidence and that the rape shield law did not apply.
The alleged victim had written about her sadomasochistic interests and experiences. In Canada, a defense lawyer may be allowed to obtain copies of the victim's e-mails and other private documents using a legal procedure called a third-party records application. If police believe the reported victim is making a false accusation of rape , they may interrogate that person as a suspect rather than a victim.
In some cases, harsh questioning and social stigmatization has caused even actual victims of rape to recant and then be charged with making a false report. In Canada, pursuant to sections An accused may hire a private investigator to investigate and harass a victim. For example, according to the complaint in the civil lawsuit against Penn State University, Nate Parker hired a private investigator to investigate and harass an year-old student. The student alleged she was raped by Parker and another student.
The victim attempted to commit suicide 3 months after the assault  and committed suicide at age Institutions may attempt to cover up sexual abuse, as seen in the Catholic Church sexual abuse cases. The movie Spotlight deals with the coverup of sexual abuse by Catholic priests. Authorities may fail to investigate allegations of sexual assault because the victims are perceived to be unreliable witnesses. Authorities were slow to respond even though more than referrals were made to the police and social services.
Harvey Weinstein dispatched defense lawyers and publicists to undermine the credibility of his accusers.
- Effects of Sexual Assault and Rape | Joyful Heart Foundation.
- A Woman’s Guide to Being a Victim of Violence and Sexual Assault.
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In the United States, various legislation, government agencies, and initiatives have been created to deal with campus sexual assault. The Hunting Ground is a critically acclaimed American documentary film about the incidence of sexual assault on college campuses in the United States. Its creators say college administrations are failing to respond adequately to claims of sexual assault, while its critics have countered that the film was based on misleading statistics and biased against the alleged perpetrator.
Sexual Assault in the military is more prevalent than outside of the military and it is frequently under reported. In the United States, Sexual Assault Prevention Response SAPR is a training program designated to educate military service members and provide support and treatment to service members and their families. Individuals are assigned to a SAPR Advocate to assist them with the different treatment options that are available to them and to educate them about their rights.
The legislation requires reporting and information gathering. In the United States, laws prohibiting the publication of a victim's name have been found to be unconstitutional and struck down. Supreme Court ruled a Georgia statute that imposed civil liability on media for publishing a rape victim's name was unconstitutional. In Canada, the Canadian Press generally does not publish the names of alleged sexual assault victims without their consent.
Pursuant to paragraph In cases where the accused is under 18 years of age, the court may impose a publication ban to protect the privacy of the offender. Seventeen-year-old Savannah Dietrich was sexually assaulted by two teenagers. The court ordered Dietrich not to discuss the case and she was threatened to be found in contempt when she published the names of the perpetrators on social media.
In Canada, the section of the Youth Criminal Justice Act generally prohibits the publication of the name of the offender if the offender was under the age of 18 at the time of the offence. The police, colleges and universities may be required to warn the public that a sexual assault has occurred. Women should be warned of the risk they face and have the opportunity to take any specific measures to protect themselves from future attacks. Victims of sexual assault may sue for damages if warnings are not issued.
In , a sexual assault victim successfully sued the Toronto police for their failure to warn her that a serial rapist was active in her neighbourhood. In the United States, the Clery Act imposes fines on colleges and universities that fail to warn students of criminal activity on or near campuses. The law is named after Jeanne Clery, a year-old Lehigh University student who was raped and murdered in her campus hall of residence in In relation to the Jerry Sandusky sexual abuse scandal, U.
TripAdvisor apologized for repeatedly deleting forum posts about a resort where the victim had been raped by a security guard. Self-censorship is when publications or people self-censor themselves in order to withhold information to protect their image or avoid receiving backlash. Victims may incur various financial costs because of the sexual assault; for example, costs related to moving to get away from the perpetrator , a new mattress, legal fees, lost wages, lost tuition fees, new clothing, therapy and medication.
This Is What It’s Like To Date A Girl Who’s A Survivor Of Sexual Assault
A statute of limitations law may preclude a victim from pressing criminal charges. Limitations periods vary from jurisdiction to jurisdiction. For example, in Pennsylvania charges must be filed within 12 years of the assault. Statutory rape is sexual activity in which one of the individuals is below the age of consent. The age of consent is the age at which a young person is capable of consenting to sexual activity.
The laws protect children from undue influence, persuasion and manipulation. In , the Government of Turkey proposed legislation that would overturn a man conviction for child sex assault if they married their victim. Defence counsel may argue the victim consented to the sexual activity. Determining if the victim consented can be problematic when the victim is intoxicated. A Nova Scotia court found there was no sexual assault because the prosecution could not prove the sexual activity was non-consensual.
In that case, the sexual activity occurred in the back of a taxi cab between a taxi driver and an intoxicated customer. In , Cindy Gladue bled to death from an centimetre cut in her vagina. At trial, the accused said Ms. Gladue died after a night of consensual, rough sex in an Edmonton motel. The case is being appealed to the Supreme Court of Canada. In Australia,  Canada and the United States, the prior sexual history of the victim is generally not admissible as evidence during a criminal proceeding. These laws are referred to as rape shield laws. In Canada, the constitutionality of the rape shield law was challenged on the grounds that it hampers a defendant's ability to present a defence.
The law was found to be constitutional by the Supreme Court of Canada: In Canadian criminal proceedings, the Crown prosecutor does not act on behalf of the victim and is not the victim's lawyer. Who represents the victim during the trial? Should I get a lawyer to ensure that my rights are met during the trial? Crown counsel is not and can never function as the victim's lawyer. Although the Crown appears to be representing the interests of the victim, the Crown is the lawyer for the Queen and the government during the trial.
In Canadian criminal cases, the harm is perceived to have been committed against the State. This is why cases are referred to as Regina v. Smith , Regina being the Queen in Latin. The Crown is truly representing the society, of which you are a part. Sexual assault cases commonly involve multiple complainants. In these cases, the defence is likely to apply for separate trials for each offence.
Joinder of multiple counts is only permitted in certain circumstances. The decision to have separate trials is discretionary and is exercised in order to prevent prejudice to the defendant. The threshold question for holding a joint trial is whether or not each complainant's evidence will be admissible in respect of the charges involving the other complainants that is, whether such evidence is 'cross-admissible'.
Decisions to hold separate trials or refuse to admit relevant tendency or propensity evidence about a defendant's sexual behaviour can be seen as barriers to the successful prosecution of sex offences. The sexual assault charges against Jian Ghomeshi involved multiple complainants and were dealt with in two separate proceedings. A victim of sexual assault may be subjected to speculative allegations of wrongdoing during cross-examination. For example, in R.
Sofyan Boalag  the defence lawyer asserted during the cross-examination that the victim was in fact asking for money in exchange for sex.
Here are five tips for dating a survivor of sexual assault.
A victim's alcohol consumption at the time of the assault may undermine the victim's ability to remember the assault and his or her ability to provide credible testimony. Sexual assaults may involve alcohol consumption by one or both parties. Frequently, parties to an incident will have limited or no memory of the events in question, and the court will be required to obtain and evaluate information provided by other witnesses or other corroborating evidence.
During cross examination a victim's attire may be scrutinized and they may be accused of wearing revealing clothing. For example, a Toronto woman, who alleged she was sexually assaulted by three police officers after a party, was asked about her choice of wearing a top described as "really low cut with open sleeves" to a party mostly attended by "young men During cross-examination , a victim's criminal record may be noted in order to impeach their credibility.
This tactic was unsuccessfully used in the trial of Daniel Holtzclaw. Victims of sexual assault are often subjected to social stigma.
Post-assault treatment of sexual assault victims - Wikipedia
The victim may be subject to inappropriate post-assault behaviour or language by medical personnel or other organizations. Slut-shaming is the practice of blaming the victim for rape and other forms of sexual assault. It rests on the idea that sexual assault is caused either in part or in full by the woman wearing revealing clothing or acting in a sexually provocative manner, before refusing consent to sex,  and thereby absolving the perpetrator of guilt. The SlutWalk challenges the idea of explaining or excusing rape by referring to any aspect of a woman's appearance.
The SlutWalk was created in response to comments by a Toronto Police officer who said: In , Indian politicians suggested that women's clothing choices could invite sexual assault. The comments were made after a number of women were molested at a New Year's Eve party in Bangalore. Behar apologized for the sexual slur shortly afterwards.
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Sexual assault victims may stay away from work in order to avoid contact with the perpetrator. For example, Caroline Lamarre, an office worker who was sexually assaulted at work, has not returned to work in order to avoid contact with her assailant. The assailant was convicted of sexual assault. Victims of sexual assault may be subjected to cyberbullying , as in the case of the suicide of Audrie Pott , suicide of Rehtaeh Parsons and sexual assault of Savannah Dietrich.
At the time they were assaulted, Audrie Pott was 15 and Daisy Coleman was 14 years old. After the assaults, the victims and their families were subjected to abuse and cyberbullying. The movie Taking Back My Life: Her story was groundbreaking because she spoke openly about her experiences including her interactions with hospital staff, the police, prosecutors, the accused, and the criminal justice system.
At the time the article was published it was unusual to publish the victim's name. Do not accept open containers from anyone in a dating, bar, or club scene. Do not leave a drink unattended. Trained professionals can guide victims to shelters and resources when escaping domestic abuse. If a victim has been injured, seek medical attention.
Document everything, take photographs, and gather evidence. Abusers will otherwise deny and gaslight and even convince authorities that the abuse never occurred if documentation and evidence cannot be produced. Since the passage of VAWA, every county in the United States has an office dedicated to issues regarding domestic violence and abuse. A victim can seek an order of protection from abuse to be put in place against the perpetrator. An order of protection from abuse is free to obtain and is effective immediately.
This order prevents the perpetrator from getting within a certain number of feet of the victim and prohibits them from communicating in any way with the victim. If the perpetrator violates the order, they are subject to criminal charges and jail time. Anyone can be put under a protection from abuse order.
If a victim has children or family members who also fear for their safety, they can be listed in the order, too. After an order is issued, a hearing is scheduled ten days from issuance. At the hearing, both sides can present evidence and testimony for why or why not the order should be kept in place permanently or dismissed.
This is one of the many reasons why it is so important for the victim to document evidence. Victims are often confused, scared, and under the mistaken impression thanks to the abuser that no one will help them. Watching a loved one undergo the trauma and anguish of violence and abuse is difficult and painful.
Friends and family may be afraid of angering the abuser and making things worse for the victim. Abusers thrive in an environment of fear and ignorance, but there are effective ways to help victims without causing additional damage. Do not blame the victim. The victim already feels guilty and is already afraid no one will support them. Be careful to approach the victim when the abuser is not present in any way. Support their choices, let them know they are not crazy, and offer them tangible resources to get away.
Giving the victim a prepaid phone with abuse hotlines on speed dial is a way to empower them to seek safety without tipping-off the abuser. Reaching out to abuse hotlines or filing an order of protection can help the victim safely leave the abuser. Trained professionals and therapists are available through the hotlines to help victims formulate a plan to completely sever ties with the perpetrator. This may include consulting an attorney in cases where the perpetrator is a spouse or if children are involved.
Victims will often need financial support from family and friends until they can get back on their feet. Victims of domestic violence, abuse, and rape are often left with long-lasting emotional wounds from the ordeal. PTSD and other trauma-related mental health issues are common in survivors. Life-long recovery is indeed possible. Sufferers of trauma-related mental health conditions will sometimes use drugs and alcohol to ease their symptoms. This is called self-medication.
Victims need to be in a supportive, safe environment to be monitored for these conditions. Therapy and support from friends and loved ones can help victims avoid self-medicating and make their problems worse. In cases of date rape and sexual assault, never travel alone. Be assertive and state boundaries. It is important for people to trust their gut instincts. With abusive personalities , the red flags are always there from the very beginning. Being educated about these things and listening to any alarm bells that may go off in a dating relationship is key to avoiding these dangerous situations.
If you or a loved one are experiencing domestic abuse, please reach out to any of the following resources:. National Human Trafficking Resource Center: Remember, anyone can receive a protection from abuse order from the Court of Common Pleas in the county in which they reside. This guide is intended to be informational. If you are considering help for you or your loved one and would like more information, please consult a medical professional or licensed treatment facility.
Violence and Sexual Assault.