Assault to the Police
Excerpted from: Wisconsin Coalition Against Sexual Assault's Sexual Assault Legal Advocate Manual and Statute of Limitations Information Sheet
Deciding whether to report a sexual assault to the police can often be a difficult process. The decision to call the police need not be made right away. However, the more timely the report, the greater the likelihood that evidence from the victim and crime scene can be preserved.
Immediately Following a Sexual Assault
It is important that the police be called as soon as possible since 72 hours
following the assault is a critical window of opportunity for collecting
evidence. After the sexual assault incident has occurred, the victim should
try to refrain from:
- changing clothes,
- rinsing or brushing teeth,
- bathing,
- douching, or
- touching anything related to the assault (i.e., bedclothes, objects touched by the assailant...)
Urinating can also destroy some evidence as well. If any or all of these
things have been done before the police have been called, there still may
be evidence to collect. Evidence collection and the medical exam would still
be advised in the 72 hour time period after the assault, regardless of any
cleaning or reorganizing actions taken by the victim.
Can I Report a Crime After Some Time Has Past?
The evidence collected in the first 72 hours following a sexual assault
is very critical to helping the police build a solid case. However, the
statute of limitations (legal amount of time in which charges can be brought
against an alleged perpetrator) for criminal felony cases can be commenced
up to 6 years after the crime has been committed and 3 years after a misdemeanor
offense (Wis. Stat. Sec. 939.74). In the sexual assault of adults, crimes
in the first, second and third degrees (which include rape, forced sodomy,
forced oral copulation, sexual assault with an object etc...) are considered
felonies. Fourth degree sexual assault of an adult (which includes forced
fondling) is considered a misdemeanor offense.
In terms of children who are sexually abused, the statute of limitations for criminal cases are a bit different. For children who are physically abused, caused mental harm, sexually exploited, victims of incest, victims of child enticement or solicited for prostitution, when they are under the age of 16, prosecution must be commenced before that person turns age 26 (Wis. Stat. Sec. 939.74(2)(c)). This law was enacted on April 7, 1994 and only pertains to child abuse crimes which occurred after that date. For children who were abused before the age of 16 and the date of April 7, 1994, prosecution must commence within 6 years from the last assaultive incident or before the victim turns age 21, whichever is later.
How Long Does the Legal Process Take?
After the initial call to police, the investigation process begins. How
long the legal process will take is dependent upon the circumstances involved.
Contact with various aspects of the criminal justice system could go on
for months and even years depending on the complexity of the situation.
