Making the decision to report a sexual can often be a difficult and confusing process. The following are advantages and disadvantages to consider when making the decision:
Advantages:
- If the crime is reported and the assailant is apprehended and convicted, there is a possibility that may be protected from becoming a victim of that perpetrator (although there is not guarantees that the he will not re-victimize). Also, other victims' reports of assault or abuse may be substantiated.
- Even if the perpetrator is not convicted, the arrest itself he may not commit sexual assault again (although there is not guarantees). He may realize his actions are against the law and that he will be held accountable for those actions.
- The victim should be aware that every crime has a statute of limitations. A statute of limitations is a law requiring that a crime be charged within a specific period of time after it has occurred, i.e. usually six years for a felony and three years for a misdemeanor. A prosecution for a sexual crime committed against a child must commence before the victim reaches the age of 26. (Legislation passed in the spring of 1994 changed Sec. 939.74 (2) © to extend the age requirement from 21 to 26 years of age.) In general, a victim should know that even if she is reluctant to report, doing so now assures that the statute of limitations does not run out.
- The victim will be eligible for Crime Victim Compensation.
- The victim can have support through the process. Assistance throughout the trial process can be obtained from an advocate and/or a victim/witness specialist.
Disadvantages:
- There is no guarantee the victim's name and report will not be published by the media, as the media has access to police reports.
- It may be difficult for the victim to repeat her/his story many times to police officers and in court.
- It is solely up to the district attorney to decide whether or not to proceed with bringing a charge against the alleged perpetrator.
- Few cases go to trial, and there is no guarantee if a case goes to trial a conviction will result.
- If the case goes to trial, cross examination can be traumatic.
The decision whether to report does not have to be made right away if
the choice seems to be exceedingly difficult. However, if a victim is considering
reporting, s/he should be aware that prompt reporting and evidence collection
greatly increase the likelihood of a successful prosecution. While reporting
the assault does not commit the victim to aid in the prosecution, s/he does
lose some decision-making control once the crime is reported to the police.
For example, the district attorney could decide to prosecute the assailant
even if the victim wants to drop the charges. Once reported, the assault
becomes a crime against the state, and therefore, the state can continue
with the prosecution regardless of the victim's wishes. In rare cases,
the district attorney might even charge the victim with obstruction of justice
if s/he later recants their story. While this is a very rare occurrence,
has been known to happen. However, in general, law enforcement agencies
and district attorney's offices are sensitive to the victim's wishes and
concerns.
