Support, Legal Options, and Self-Care for Survivors

Choose Not to Report

• You are not required to report abuse.
• You can focus on emotional healing and self-care.
• You can change your mind later.
• You can consider legal timelines, such as statutes of limitations, which impose time limits on reporting abuse. This may impact your case due to the amount of time that has passed.
• You can prioritize safety, support, and mental health resources.
• You can get a confidential forensic exam (often called Jane/Joe Doe kits, or anonymous rape kits) without reporting to law enforcement to preserve evidence while you decide whether or not to report. Learn more at Getting a Sexual Assault Forensic Exam (SAFE).

Key points to remember:
Choosing not to report the abuse is a choice you can make and is the right decision for some. Not reporting is rational and reasonable. The most important aspect is that it is up to you, the person that experienced the abuse. Healing takes time, and it is perfectly fine to prioritize your well-being first. 

If you decide to report later, some legal barriers may exist depending on your state’s statute of limitations. Statutes of limitations are laws that put time restraints on reports of crimes, such as requiring a report of abuse to happen within 10 years of the assault. These laws differ in each state and differ by crime. It is important to understand the statute of limitations that may impact your report. More information is available at RAINN’s State Law Database

All survivors deserve emotional healing, support, and a safe environment. Your choice is yours to make—nobody else’s. Self-care and building a trusted support network can be essential steps forward.

Note: There are some cases where the choice to report a crime is taken out of your control. If you discuss child sexual abuse with someone who is a mandatory reporter of child abuse, they may be forced to make a report to law enforcement or child protective services. If you are not sure if someone you are talking with is a mandatory reporter of abuse, you can ask them if they are required to report abuse and other crimes before you discuss your case further. Lawyers are not mandated reporters, and most communications with lawyers are protected from being shared with others. You should always feel free to ask and get clarity on the level of confidentiality of the communication.

Seek Legal Resources and/or Advice

• You may want to consult an attorney to understand your rights.
• You may want to talk with an attorney about civil lawsuits or criminal charges and the process for both pathways.
• You may want to gather supporting evidence (medical records, documentation). This information can help attorneys understand and review your case.
• Attorneys can help navigate Title IX complaints and other administrative processes, such as reports to the US Center for Safe Sport.
• When talking with an attorney, it is okay to say “I do not know” to details you can not recall.
• It can be helpful to keep a log or journal as things happen and memories surface.

Key points to remember
An attorney can explain various legal pathways to accountability and justice. These include:

• The civil legal process that would center around a lawsuit between individuals or organizations/institutions.
• The criminal legal process that involves crimes against the state and where the state prosecutes the accused.
• Administrative processes, such as school-based sexual discrimination/harassment/abuse (Title IX of the Education Amendments of 1972) or work-based sexual discrimination/harassment/abuse (Title VII of the Civil Rights Act of 1964). 

All these various paths have different processes, challenges, and benefits. An attorney may be able to give advice and give you context about how these paths would work in your case. 

When speaking with an attorney or legal support staff, it is essential to clarify the confidentiality of the conversation and then be as honest and detailed as possible about what happened to you. You do not need to have every detail memorized—being honest about what you know and what you do not is enough. Talking about what happened to you can bring up trauma reminders/triggers. It is important to make sure you have space to take care of yourself, and you should be able to take breaks as you need while talking with an attorney.

Lawyers can also advise on statutes of limitations, damages you can seek, timeframes for the various processes, and next steps. This process should be survivor-led; the goal is to inform you, not pressure you.

Attorney support can be expensive. And attorneys operate on various fee structures. Some attorneys will operate on a retainer (contract for services over a given time), hourly billing (billing for services based on an hourly rate), contingency (billing only against resolution of a case), pro bono (not charging for services), and low bono (charging a lower rate or sliding scale for services based on the client’s financial situation). It is important to understand the cost of legal representation in your specific case. It should be clearly and transparently communicated, and you should not be pressured.

Note: Not all attorneys have been trained in trauma-informed care. Feel free to ask them about their trauma-informed care training and process before discussing your case.

Make a Police Report

• Report in the location where the abuse occurred, when possible. If it is not possible, other places/jurisdictions should be able to help you cross-report or give you the correct contact information.
• You may be asked if you want to “press charges.” That is the consent to file a complaint with the criminal legal system formally, and it signals that you are interested in working with the prosecution/law enforcement. Prosecution officials (district attorneys, city attorneys) are attorneys for the city, state, or country that argue cases for public safety with in the criminal legal system. Some cases are pursued even if the victim/survivor does not want to participate, and other cases can not proceed without the victim/survivor’s participation in the criminal process.
• Filing a report does not necessarily mean that charges will be brought against the accused. Law enforcement officers and the prosecutor’s office (District Attorneys, City Attorneys, US Attorneys)  will have to investigate, look at the evidence, and decide whether there is enough information and evidence of wrongdoing to proceed with charges.
• Provide as much information as you remember.
• Be sure to ask what to do if you remember more information or if something else happens related to your case.
• A police report can open access to Victim Compensation Funds
• Law enforcement may ask if you want to or have had a sexual assault forensic exam (SAFE exam, rape kit). These can be used as evidence in cases. Learn more about sexual assault forensic exams here: RAINN

Key points to remember

Filing a police report documents your experience and preserves your option to pursue criminal charges. You will be asked to share details like dates, names, and locations, but it is okay if you do not have all the answers. Providing documentation like medical records or texts can help. Reporting allows you to access resources like counseling through Crime Victims’ Fund programs.

File a Title IX Claim

• If the abuse happened in connection to an educational system (K-12 school, school facility, college or university)  you can file a Title IX complaint. You can find information on how to file a report on the school’s website (search for “Title IX”) or contact the administration office.
• You can request accommodations at the school without a formal investigation.
• Title IX applies to K-12 and colleges receiving federal funds. (Which includes nearly all private schools)
• You can file both a Title IX report and a police report
• Consider consulting with a lawyer for Title IX legal guidance.
• Reporting to the school may trigger a cross-report to law enforcement.
  

Key points to remember

If abuse occurred in an educational setting, Title IX ensures your right to a safe learning environment free of discrimination based on sex. Filing a complaint can lead to disciplinary action against the abuser and academic accommodations for you. You can also request support services without filing a formal complaint. 

Title IX is an administrative process within the school, and you can also report to law enforcement. Sometimes these offices will coordinate their investigations. For more information:

• https://rainn.org/federal-legislation/title-ix-how-it-affects-survivors-of-campus-assault/?gad_source=1&gad_campaignid=22320885044&gbraid=0AAAAAD–ry_BFbAVPpOtnwhErV9SXxIz-&gclid=Cj0KCQjwh5vFBhCyARIsAHBx2wwtW5ZL7b_Ufh2d_-WYjKt0zK_0NEflIgtz4GRMgFx0xbd4Dac7P4kaAhelEALw_wcB
• https://www.ed.gov/laws-and-policy/civil-rights-laws/title-ix-and-sex-discrimination 

Getting a Sexual Assault Forensic Exam (SAFE)

• Consider a Sexual Assault Forensic Exam (SAFE).
• Exams are free of charge under the Violence Against Women Act (VAWA).
• Evidence can be stored if you decide to report later. This option is called an Anonymous SAFE Kit (or a Jane/Joe Doe Kit, or VAWA Kit). You should receive a number for the kit to keep should you decide to report at a later time.
• Examiners and medical facilities can provide STI and HIV testing. Some states also offer pregnancy prophylaxis.
• You can pause, skip, or stop the exam at any time.
• You can ask for a confidential sexual assault advocate to be present during the exam.
  

Key points to remember

A forensic exam, also known as a rape kit, collects evidence and can give you access to medical care after an assault. You are not required to report to the police in order to get an exam. The process is completely in your control—you can stop at any time. 

SAFE exams also provide preventative treatments for STIs, and can document injuries. It is a valuable option even if you are uncertain about pursuing legal action now. Some of these protections and treatments vary by state, including access to pregnancy prophylaxis. You can ask about what after-assault treatments are available. These should be provided free of charge. Also, you should not be charged for the exam itself, and it should not require processing through insurance.