Humble Police Department: Confronting Sexual Assault

What is Sexual Assault?
Sexual assault is a violent crime in which the assailant uses sexual contact to inflict humiliation or to exert power and control over the victim. In Texas, over 250 women and 600 boys and girls are raped every day. In addition, 10,280 men are sexually assaulted each year in Texas.

Sexual assault includes several different types of crimes such as rape, incest, child molestation, marital rape and exposure. Most often these crimes are perpetrated by someone the victim already knows; e.g. acquaintances or friends (29%), relatives (26%) or intimate partners (19%).

Sex offenders use many methods to intimidate their victims. They might use trickery, manipulation, coercion, bribery, blackmail or threats. The offender often takes advantage of a person in a vulnerable or less powerful position in order to reduce the likelihood that the person will resist attempts to humiliate, violate and control. Half of rape victims describe being fearful of serious injury or death during the assault.

The experience of sexual assault has different meanings for each person. No one knows precisely how an individual will react, but crisis counselors have indentified some common reactions to sexual assaut. These include: numbness, shock, disbelief, embarrassment, shame, guilt, depression, powerlessness, disorientation, denial, fear, anxiety, anger and rage.

Myths & Facts About Rape
MYTH: It could never happen to me.
FACT: Everyone is a potential rape victim: females and males of any age, race, class, religion, occupation, education or physical description.

MYTH: Most rapes are a spontaneous act of passion committed by a stranger in a dark alley.
FACT: Most rapes are planned in advance and often occur in the victim's home. The offender is often an acquaintance, friend or relative. A rapist will rape again and again, generally in the same area of town and in the same manner.

MYTH: Rape is a sexual crime
FACT: Rape is an assault that is acted out sexually. It is a profound violation of the victim's personal integrity and sense of safety and control over his/her life.

MYTH: Rapists are degenerates and are easy to spot in a crowd.
FACT: Most rapists appear to be no different than anyone else. Most are young, married and appear to be normal. They can be of any race, color or economic class.

MYTH: Rape only happens to young women.
FACT: Rape victims range in age from 4 months to 92 years. People of all ages, socioeconomic groups, neighborhoods and lifestyles can be victims.

MYTH: Some victims are "asking for it" by their dress or actions.
FACT: Research indicates that rapists are looking for available, vulnerable targets, not people who dress or behave in a particular way. No person ever deserves or "asks" to be hurt or degraded under any circumstances.

MYTH: There is no way to eliminate the problem of sexual assault.
FACT: Education, consciousness-raising, and a change in sexual socialization, are methods that will help prevent casual patterns and values that contribute to the problem of sexual assault.

If You are Raped:

Seek medical treatment. DO NOT douche, bathe, shower, eat or drink anything, or change clothes before you go.
Go to a friend's house or somewhere you can get emotional support.
Report the rape to authorities. (This does not mean that you agree to press charges.)
Seek counseling. Even if you don't report the rape or press charges, you should contact you nearest rape crisis center for information about counseling. Their services are free and confidential.

What is the sexual assault exam?
It is a physical examination performed by medical personnel for the purpose of collecting legal evidence. It is not a medical treatment. The presence or absence of physical evidence does not prove whether a person has been sexually assaulted. Rather, it provides supportive evidence to be used during the legal proceedings if the case is prosecuted.

Who pays for the exam?
Medical care such as treatment and counseling may be paid for by the Crime Victims' Compensation Fund. Someone at the hospital or your local victim witness office or sexual assault advocate will be able to help you obtain and fill out these forms.

Why do I need medical attention?
Following any sexual assault there are two medical issues that must be addressed. First, the possibility of pregnancy should be assessed if the victim is female. A "morning after pill" can be taken that will greatly reduce the risk of pregnancy. Second, all victims should be evaluated for the possibility of sexually transmitted diseases. There are treatments to reduce this risk as well.

The Legal Process

If I decide to prosecute what must I do?
Once you have made this decision, you will be asked to give the law enforcement agency handling the case a written statement telling them what happened and give a description of your offender.

After I give the statement, what happens?
If the offender has not already been arrested, the police will make a report of the offense and take it, along with your statement, to the assistant district attorney, who is responsible for seeing that the charges are properly filed. Once the charges are filed, an arrest warrant will be issued. If the offender has already been arrested, the district attorney's office will file formal charges as soon as possible.

Will the offender be able to get out of jail on bond after being arrested?
It is possible that the offender may be able to get released from jail on bond. A judge considers many factors in setting the amount of a bond. Bond can only be denied if the district attorney requests that the bond be denied because the defendant was already out on bond for a felony or because the defendent has been previously convicted of felonies.

What happens after the charges are filed and the arrest is made?
In Texas, a defendant has the right to a pretrial hearing to determine if there is enough evidence for a Grand Jury to formally charge the offender with the crime. This happens only occasionally. If the defendant requests one, however, you may be asked to testify by the assistant district attorney.

Will I have to testify before the Grand Jury and, if so, when?
In most cases, you will not have to testify. If you are asked to testify, an advocate may go with you to the District Attorney's Office to help you prepare for this. Grand Jury proceedings are secret and no one but the grand jurors and the district attorney will hear your testimony.

What happens if there is an indictment? (A formal charge of a crime)
The case will be set for trial.

When will my case be tried?
If the defendant is still in jail, the case must be tried within 90 days, unless he/she waives the right to a speedy trial. If not in jail, it may be from 3 to 12 months before the case is tried because of the heavy caseload in many courts.

TAASA
Texas Association Against Sexual Assault
7701 North Lamar, Suite 200
Austin, TX 78752
Phone: 512-474-7190
Fax: 512-474-6490
www.taasa.org

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