To Report or Not to Report:

Reporting an assault is a choice that only you can make. There is no requirement that you must prosecute your assailant. Survivors often make this decision based on the circumstances of their assault and their life situations, including whether or not they feel that they have friends or family who will support them through the process. Another factor for some survivors is the feeling that they would not want another person to be victimized by the same perpetrator. Filing criminal charges and prosecuting their attackers is one way of regaining some control, holding the perpetrator accountable for his or her actions, and taking a stand on their own and the community's behalf.

The criminal justice system often seems intimidating or even frightening. If this is the case, there are people such as SARA advocates and the Victim-Witness Assistance Coordinator, and/or UVA Sexual Assault Education Coordinator, who can support you through the process of a police interview, the subsequent investigation, and possible prosecution.

Reporting to the police begins the legal process whould you choose to prosecute at a later date. Because the custody of evidence is critical in a criminal case, hospitals rae not allowed to store evidence, so if you want to have a PERK exam, it must be given to the police by the hospital staff, and only after you sign a release. Also, since time is critical after an assault occurs, the sooner the assault is reported, the easier it is to collect valuable evidence. You can also halt the criminal justice process at any time. You can read more on that in the section, "Your Rights".

Police First Response

Generally, there are two circumstances under which a police officer would come to speak with you. In the first scenario, the officer arrives at your residence or wherever you are, in response to an emergency call. In this case, the officer's first responsibility is to provide aid to you as a crime victim. This may mean driving you to the emergency room for medical treatment (if you aren't seriously hurt), or simply interviewing you there. A second scenario is when an officer is called to the emergency room in response to a call from the medical staff. In this case, the initial interview will occur in a private room at the hospital.

The responding officer will sit with you and ask you detailed questions about what occurred, where, when, and how. Many of the questions may feel invasive or difficult to answer. Well-trained officers understand how difficult it is to answer the questions, but if they are to aid in an investigation, they need as much detail as they can get. It might be helpful to have a knowledgeable advocate, such as a SARA volunteer, sit with you to provide support and to intervene in the event that the officer makes inappropriate comments or asked biased questions.

Investigation

The officer must also protect the crime scene, determine the type and circumstances of the crime committed, as well as identify the potential suspects and witnesses. After a prelminary survey of the crime scene, the responding officer will call in an investigator. In some cases of acquaintance assault there will be no "crime scene" per se, but there still should be an investigation. At the University of Virginia, you may requrest a plain clothes officer if you wish, so the situation will be handled more discreetly.

Upon his or her arrival, the investigator takes charge of the crime scene and is briefed about the incident by the responding officer. The investigator will then interview the survivor and other witnesses, asking very specific questions about the crime. The investigator will then collect evidence, and document the crime scene.

After the investigator conducts interviews and gathers evidence, he or she then writes up a report that is then given to the Commonwealth's Attorney. Physical evidence, including the PERK, is sent to Richmond for analysis. Your case is assigned a case number, which is something you may want to know. You may request a copy of the police report for your own files. If you see any errors, or you remember any further details that would aid the police or Commonwealth's Attorney, by all means inform the investigator. It's not unusual for survivors to remember more detail as time passes.

Is the Media Informed?

State law allows you to request that any identifying information regarding you or members of your family not be released to the public, including the media, parents (if you are over 18) or deans of the University. However, police are required by law and the Freedom of Information Act to release some information (deleting identifying details) including what occurred, where and when.