Police ProceduresThe Reporting Process
If you wish to report a sexual assault, you should call the police as soon as possible. Do not bathe or shower, douche, or even touch anything that may be connected with the assault (bedclothes, articles the assailant may have touched, etc.), and if possible, postpone urinating until after the medical examination as you may inadvertently destroy evidence used to establish a case.
A uniformed officer will gather general information about the assault, and a detective will conduct a more detailed interview. You may have a friend or support person accompany you during the interview.
The Investigator
If you would feel more comfortable talking to a woman, a female investigator is usually available upon request. The in-depth interview is conducted in private, but you may have a friend or support person accompany you if you wish. This interview is one of the most important phases of the investigation and will cover all the details of the assault. The questions asked of you may be difficult to answer, but are designed to help you accurately recall the incident. Feel free to request an explanation if you don't understand why a question is asked.
The detective will complete the investigation including information about the case. When you don't know who the assailant is, you may be asked to look at photographs or view an in-person lineup. You may also be asked to help a police artist develop a sketch of the assailant.
The Medical Examination
If you were sexually assaulted, a medical exam may be necessary to help confirm penetration or sexual contact and to meet your health care needs. During the exam you will be examined for any injuries, foreign hair samples, semen, and other body fluids, etc. (any evidence found will help make a stronger court case). In addition, concerns about pregnancy and sexually transmitted diseases should be discussed with the medical team at the time of the exam.
The police will take you to one of the hospital emergency rooms in the area. If you prefer a particular hospital, tell the officer so that s/he can take you there. It may be helpful for you to know that the Sexual Assault Nurse Examiner Program is available through Meriter/Madison General. This program provides nurse examiners to victims who prefer to have a specially trained female nurse examiner perform the evidence collection and health assessment.
When you go to the emergency room, you should take a change of clothes with you; the clothes you were wearing at the time of the assault may be needed by the police as evidence. Any articles taken as evidence will be held until your case is closed.
The nurse will explain the procedure to you. The investigator will be present at the hospital; you may choose whether or not to allow the investigator into the exam room. You may also be allowed to have a support person, such as a friend or Rape Crisis Center advocate with you during the exam; ask the nurse if this is possible (this usually depends on the size of the available examining room). If this is not possible, your support person can wait outside the examining room and join you as soon as the exam is over.
The District Attorney
Once an investigation is completed, the police refer the case to the District Attorney's office. The DA's office is responsible for deciding whether your case will be prosecuted. The DA must decide whether there is enough evidence to prove the charge(s) in court. A decision not to prosecute does not mean that the DA doesn't believe that you were assaulted, but only that there is insufficient evidence to prove it. You may request a meeting with the DA to discuss the charging decision.
If the DA decides to issue a charge or charges, a complaint is drafted, and the suspect can then be arrested or given a summons to appear in court.
Following the suspect's (hereinafter referred to as the defendant) initial appearance in court, one lawyer from the District Attorney's office will be prosecuting the case. In many ways, s/he acts as your attorney at no cost to you. Technically, however, s/he represents the State of Wisconsin, and you are considered a witness for the State. Feel free to contact the DA with any questions you may have.
Crime Victim Compensation Program
A sexual assault victim may be compensated for medical, hospital, surgical, psychological, and drug expenses and/or lost wages which are incurred as a result of being the victim of a crime. Victims can also be compensated for the replacement value of any physical evidence held by the police. In order to qualify for compensation, you must:
1. have reported the crime to the police within five days of its occurrence;
2. apply for the compensation within one year of the crime; and
3. be willing to cooperate with the law enforcement investigation.
These requirements are often waived for sexual assault victims, so it is
important that you apply even if you are not certain that you are eligible
(for example, the Compensation Program may be willing to consider an assault
not reported within the five-day limit). An award may be made even if the
assailant is not prosecuted or convicted.
The Rape Crisis Center or the District Attorney's office can provide you with information, forms, and assistance in applying for benefits of the Crime Victim Compensation Program. You may also contact the Compensation Program directly:
Crime Victim Compensation Program
P.O. Box 7951
Madison, WI 53707-7951
(608) 266-6470
