› Introduction › How to File a Police Report › Postive Police Experiences › Negative Police Experiences INTRODUCTION The underreporting of sexual assault by the media is directly related to the underreporting of sexual assault to the police. The majority of rapes are not reported to the police. Rape and sexual assault are serious crimes that should be reported to the police. If you are considering reporting a rape you've survived to the police, start by learning the process of reporting in your state. Speak to a local rape crisis center or victims' advocate. While this is often an emotionally difficult process, in the end you will be aiding the administration of justice. If more people report the crime of rape, the general public and the lawmakers will be made aware of how many rapes in fact occur, and will devote more resources to punishing rapists and to preventing rapes from occurring in the future. It is important to be aware that some survivors who report their sexual assault or rape may feel emotionally overwhelmed and/or may not have positive experiences with law enforcement. This is due, in part, to the sensitive nature of the crime, which can make it difficult to recount what happened to law enforcement agents. Unfortunately, some police officers might view your case with skepticism based on their belief that pressing charges against the accused would not result in a criminal conviction if there is no physical evidence. Some survivors are reluctant to report the crime due to such fears. It is essential to remember that it was not your fault and you do not need to be ashamed of anything. A crime was committed against you. You are not to blame for anything that happened. This does not mean that the police will blame or disbelieve you; it may instead mean that they do not believe that your case could be successfully prosecuted in a criminal court. Do not be discouraged. There are benefits to reporting the crime even if a conviction does not result. In addition to punishing the perpetrator, reporting the crime can be an empowering experience for you. Reporting may keep the perpetrator away from you, or may prevent him from committing a crime against someone else. And if enough victims report their crimes and the epidemic nature of rape becomes clear to everyone, we believe that law enforcement and criminal prosecutors’ attitudes and methods will positively change. You may also consider filing a civil suit, if a criminal case is not plausible or if you choose against one. For more information on filing a civil suit, click here. Back to TOP of page ^ HOW TO FILE A POLICE REPORT Here are a few tips if you plan to report to the police: If the crime happened that day, do not take a shower, wash up, or even use the bathroom if possible; if you have not done so already, go to the emergency room of your local hospital. If you believe that you may have been drugged, go to the emergency room immediately; many date rape drugs leave the system quickly. You can report the crime on the telephone; you should not be required to go to the police station to file a report. Most jurisdictions have some type of “Special Victims Unit” comprised of police officers who are specially trained to deal with rape victims; you should call the Special Victims Unit to report the assault. Do not assume that you are beyond the statute of limitations; when in doubt, you should still call the police. Before you call to report the crime, write down as many details that you remember about the incident. Think about whether you have any physical evidence, including clothes that you were wearing during the assault (do not wash the clothes, and store them in a paper bag instead of plastic). Remember that you are the victim of a crime: do not feel ashamed to talk about the details with a police officer. If possible, have a friend with you for moral support. If you are a college student and were raped or sexually assaulted by another student at your college, you also have the option of going through your school’s judicial process after a criminal court gives its ruling or instead of going to criminal court. Going through the school’s judicial hearing, at most, could result in the perpetrator being expelled from the school. You may want to talk to a civil attorney about the possibility of bringing civil charges against the accused; the burden of proof in a civil case is lower than in a criminal case. Some civil attorneys may agree to take the case on a contingency basis, meaning you would only have to pay the attorney if you are awarded monetary damages from the accused. We are aware that not every rape survivor will have a positive experience with the police upon reporting his or her crime. If you believe that you are not being treated properly and with respect by a police officer, ask to speak to a different police officer or to their superior. You are the victim of a serious crime, so demand your rights as such. In an interview with an officer with the Nassau County Police Department’s Special Victim’s Unit, we were told that in New York the statute of limitations for reporting a rape is five years, but can be longer in certain circumstances such as if the victim is below a certain age at the time of the crime. If you were raped or assaulted years ago, it may not be too late to report the crime. It may be true that the longer you wait to report the crime, the more difficult it will be to gather evidence or to prove the crime. However, this police officer encourages you to report the crime anyway, and as long as it falls within the statute of limitations, the SVU or police will investigate the crime, including a possible interview with the suspect. If they find probable cause, an arrest will be made. Even if an arrest is not made, the allegation will be documented so if the same perpetrator surfaces in the future, the police will see that the earlier report was filed, which may impact the later case. Back to TOP of page ^ POSITIVE POLICE EXPERIENCES The following two interviews both describe experiences with police after being assaulted by a stranger. Generally, police responses to stranger assaults are more proactive than responses to assaults by someone the survivor knows. If you have had a positive experience reporting an assault or rape committed by an acquaintance, intimate partner, or family member and would like to be interviewed, please contact Emily. Excerpts from an interview with Cate Tidwell. Take Back The News: What were the circumstances of your assault? Cate Tidwell: I was at my home doing dishes, waiting for my uncle, who was coming in from Florida to visit.  My attacker knocked on my door stating that he was interested in purchasing a car from me.  I didn't have my car listed, but my neighbor had told him that I may want to sell one of the cars that I had. He talked about the car for a little while, then he grabbed me and forced me onto the couch.  At that point I realized what he was going to do, so I managed to move so I wasn't in line of sight of my boys’ bedroom.  He raped me and then jumped up and started pacing and saying, "You are going to tell."  He then grabbed me again and tried to break my neck.  I really started fighting with him because I realized that he was going to try to kill me.  I got myself to the ironing board and got the iron and started hitting him on the head with it; he was able to take the iron from me and began bashing me in the head over and over until I was knocked out.  He then cut the cord off the iron and tied it around my neck and hands, dragged me into the kitchen, smashed a bottle over my head, and slit my throat in two places.  He left me on the kitchen floor to die. My neighbor saw the end of the attack and called the police. TBTN: How did the police initially respond to your report? CT: The officers that were on the scene were very kind.  I was in and out of consciousness. TBTN: Had you gone to the emergency room? CT: Yes, I went to the emergency room and was life-flighted to Grant Hospital. TBTN: Were you treated with kindness and sympathy from the police? CT: Yes, all the officers I had to deal with were great; they would even stop over after I got home to check in.  Not just the officers that were on the scene, any of the officers that were on the police force would stop and check on me and my boys. TBTN: Did the police arrest the suspect? CT: Yes, he was hiding out and he ended up turning himself in after the sheriff went to his parents’ home and told them that if they knew where he was, he better turn himself in.  They kept watch on his parents’ home. TBTN: Was the suspect ever put on trial? CT: He originally pled not guilty, and then right before trial he decided to plead no contest. Since he decided to plead no contest I didn't have to be cross-examined. TBTN: Was the suspect convicted? CT: Yes, he received 30-75 years. TBTN: Were the police available to you for follow up assistance? CT: Yes, and they still are today.  I keep in touch with the detective and the officers.  I also keep in touch with the prosecutor and my victims’ advocate.  I am so thankful for the Circleville Ohio Police Department, as well as the prosecutor's office.  Everyone that I had to deal with made this as easy as possible for me.  I just wish all other victims of crimes would be as lucky and blessed as I was.  Thank you for getting the word out that all Law Enforcement aren't uncaring. Excerpts from an interview with Debbie Hanchin. Take Back The News: What were the circumstances of your assault? Debbie Hanchin: A stranger broke into my home in the middle of the night. I woke up to the sound of someone running and saw a large man coming toward my bed. He lunged on top of me and we began to struggle. He had a pair of scissors at my neck and was threatening to kill me if I kept screaming. Years ago I made the choice that if I were ever attacked, I would fight and I would die fighting. Though I had the defensive wounds from the scissors, my attacker suddenly became on the defense and I successful fought him off. TBTN: How soon after the assault did you call the police? DH: The second he ran out the door. TBTN: How did the police initially respond to your report? DH: The first responding officer was "doing his job," meaning that I don't think he was trained in responding to attempted rape/rape calls. He was very harsh in trying to get me to calm down. This was only a minor portion of my overall excellent experience with the police, but I mention this because the first person to have contact with the survivor really has impact on the victim. After the CSI and my detective showed up, everyone was supportive and tried to be sensitive to me. TBTN: Had you gone to the emergency room? DH: No. TBTN: Did you have any physical evidence? DH: I had defensive wounds, blood from the door, scratches on my face. All have photos. TBTN: Did you feel as if the police took your claim very seriously and believed you? DH: Yes. TBTN: Did the police try to make sure that you were comfortable? DH: Yes. Every time my detective would need to see me, or wanted to show me some photos, he would always make sure I felt okay with coming downtown or meeting elsewhere. TBTN: Did the police question the suspect as far as you know? DH: My detective, Jason Sprague of the Columbus PD, Sexual Assault Division, was outstanding. He canvassed my apartment complex, followed one lead (outside of that night), and put a lot of time into pulling photos from the database that would match my description. The police also did a composite. TBTN: Did the police arrest the suspect? DH: Never found the #$@#*0. (sorry!) TBTN: Overall how do you think your experience with the police went? DH: Wonderful. This is more than a case; it's a violation that impacts the rest of your life and the lives of those around you. It's not just a police report with facts attached to it. It's a traumatic event that has psychological, physical, spiritual and emotional attachments. TBTN: Were the police available to you for follow up assistance? DH: Yes. In fact, they linked my case to another and we did a Crime Stoppers on my case and the other woman. When our Linden Area rapist was caught, the police specifically asked him about my case as they drove past my apartment. TBTN: Are there any other details of your experience that you would like to share? DH: I don't think anyone can really understand the difficulties associated with such a traumatizing event unless they've been through it. This being said, whatever training happens before that SA call comes, police need to hear more from actual survivors and victims. There was no DNA evidence from my case. The only chance he will be caught is based on my identification of him and perhaps his very, very strong MO. I called my detective a few days after the initial report and told him that just because I was not actually raped and just because there's no DNA evidence, doesn't mean my case gets shoved to the bottom of his files. I told him that if he finds him, then chances are he'll find several other cases. And I am one girl who fought him once, and I will certainly fight him again. Back to TOP of page ^ NEGATIVE POLICE EXPERIENCES Take Back the News is aware that not every rape survivor will have a positive experience with the police upon reporting their crime. It can be extremely discouraging for a rape victim to report their crime only to be met with disbelief and even judgment by law enforcement authorities. However, we believe that as more and more victims report their crimes, and more newspapers report on such crimes, law enforcement attitudes will be forced to change as the public becomes aware of and outraged about the epidemic nature of rape. Even if you do not personally have positive results from reporting the crime committed against you, hopefully your experience, combined with those of other survivors, will lead to better treatment of rape victims by law enforcement in the future. If you would like to share with Take Back The News your experience with the police, whether positive or negative, please contact Emily or Laura.