| SPEAKING
TOGETHER OF THE UNSPEAKABLE. |
Rape terrifies
every woman. When we think about rape, we picture a
shadowy figure attacking us in a dark and lonely alley.
We imagine ourselves paralyzed with fear and being left
for dead. We know this fear when we work a graveyard
shift, go to the store at 11 o'clock at night, or return
to a dark and empty house. Having never known complete
safety from rape, we spend time and energy avoiding
“risks”. We plan and take precautions. We
pay a high price for this unreliable safety we create
for ourselves: we give up freedom.
To make matters worse, this image of the rapist that
we guard ourselves against is often different from a
rape survivor's experience. Sometimes sexual assault
fits the image we have held, but more survivors report
attacks by friends, acquaintances, family members, and
co-workers.
We hear these reports, and we are scared. We can create
some safety for ourselves against strangers, but how
do we protect ourselves from people we normally have
reason to trust? How do we know whom we can trust? It
is scary for those of us who are not rape victims to
realize our images of rape and rapists may have been
wrong, but the real tragedy is what that realization
does to the victim. If she has imagined rape as a knife
attack in a dark alley, what is it that happened to
her? What is the sneaking, manipulating threat of a
brother in-law? Boss? Acquaintance? Husband or friend?
Victims search for answers about what happened to them.
"What kind of woman is raped? What kind of woman
is attacked in her own home? By someone she cares about?
By a total stranger?"
Unfortunately, most victims will blame themselves. Survivors
can find many things they "should" have done
differently. In addition to the guilt she will place
on herself, she must be careful about reporting the
crime. Too often, her feelings of self-blame will be
reinforced by those around her. We often judge the victim's
behavior. We will ask the same questions she has asked
herself. We frequently measure her response with some
standard of how a victim "ought" to act. We
may convince ourselves that this is something she somehow
brought on herself so that we will not have to confront
the fact that it could happen to us.
This self-blame and the reinforcement she receives for
it will make a victim feel isolated and keep her from
getting the help she needs. Hotlines and safe shelters
for victims, on the other hand, can help by providing
a place where survivors can talk about their experiences
and come to understand that they did the right thing
to survive. Through anonymity, hotline workers and callers
alike can speak about the unspeakable with the knowledge
that they will never recognize each other if they happen
to meet at some later time. On the hotline, we have
heard it all, so we can easily say, You are not alone!
By speaking together, we can regain our freedom of speech.
By talking openly about rape and sexual assault, we
can all say, You are not alone! We can find ways to
cope, to resolve problems, to trust each other, and
to find safety.
Vietta Helmle
Founder and long-term Executive Director of Mid Valley
Women’s Crisis Service
|
|
| DEFINING
SEXUAL ASSAULT AND RAPE. |
Sexual
Assault or Rape:
Sexual contact with anyone who cannot or does not give
informed, willing consent.
This is not the legal definition of rape in Oregon.
The legal definitions distinguish between degrees of
rape and between rape and other forms of sexual assault.
However, the Women's Crisis Support Team has developed
its own definition of rape - the one just given - in
order to focus attention on the pivotal issue of consent.
Whether a stranger or a family member attacked the victim,
whether she was violently assaulted or coerced by threats
or pleas, whether what happened to her legally would
be defined as rape, sexual assault, or sodomy, she suffers
the pain of being sexually assaulted. She deserves to
be believed, to have her feelings validated, and to
know that she is not to blame.
Pinpointing Responsibility.
A pervasive and devastating myth about rape is that
the victim is in some way responsible for the crime.
We have often heard people (including, unfortunately,
some defense attorneys and judges) say, "What was
she doing out alone?" or "She shouldn't have
been drinking" or "She shouldn't have been
wearing those clothes."
The reality is, a rapist is responsible for the rape.
The Women's Crisis Support Team refuses to accept
that sexual violence is ever the appropriate consequence
for going out alone, drinking, or wearing certain clothing,
any more than banks should be blamed for bank robberies
because they intentionally keep a lot of money in their
vaults.
Those who blame the victim also fail to take into account
that most victims of sexual assault or rape are assaulted
by someone they know and believe to be trustworthy;
that many sexual assaults occur in the victims' homes
where they believed themselves safe; that victims often
are children or the elderly; and that the crime is planned
in detail and the victim is powerless to change the
plan.
|
|
| MYTHS
AND FACTS ABOUT SEXUAL ASSAULT. |
Myth:
“It can’t happen to me.” Rape is an
isolated, infrequent event that only happens to certain
kinds of people.
Fact: Anyone can be sexually assaulted.
Studies show that sexual assault happens to people of
all ages, people of color, lesbians/gays, people with
disabilities, and people of every racial, ethnic, religious,
economic and social background.
Myth: “She asked for it.” Women
often provoke rape by their own behavior: wearing low-cut
clothing, going out alone, staying out late, being drunk,
kissing, etc.
Fact: No one asks to be sexually assaulted.
People have the right to be safe from sexual violence.
The offender, not the survivor, must be held responsible
for this crime.
Myth: Most sexual assaults are committed
by strangers in out of the way places.
Fact: Over 70% of sexual assaults are
committed by someone the survivor knows. Over 40% of
sexual assaults occur in the victim’s home and
another 30% take place in the home of a friend, neighbor
or relative.
Myth: Women frequently “cry rape”.
Fact: The FBI reports that false accusations
account for only 2% of all reported sexual assaults.
This is no higher than false reports for any other crime.
Myth: The best way for survivors to
get over a sexual assault is to act like it didn’t
happen, to put it behind them, get on with their lives
and be ‘normal’ again.
Fact: Speaking out about sexual assault
might be an essential part of the healing process for
survivors. However, no survivor should ever be forced
to speak, publicly or privately. All survivors have
a right to support and validation no matter where they
are in their individual healing process or how long
ago the assault occurred. |
|
| IN THE MIND OF THE
SEXUAL OFFENDER. |
Abusive people,
including sexual offenders, typically think they are
unique, really so different from other people that they
do not have to follow the same rules everyone else does.
Rather than being unique, abusers and sexual offenders
have a lot in common with one another, including their
patterns of thinking and behaving. Some of their characteristics
are:
Excuse Making.
Instead of accepting responsibility for his actions,
the sexual offender tries to justify his behavior. For
example, "I was molested as a child" or "I
was drunk when I did it" or "When she said
no, I thought she meant yes."
Blaming.
The sexual offender shifts responsibility for his actions
from himself to others, a shift that allows him to blame
the other person for "causing" his behavior.
For example, "She was acting provocatively."
Redefining.
In a variation on the tactic of blaming, the sexual
offender redefines the situation so that the problem
lies not with him but with the outside world in general.
For example, “It is society’s fault.”
Success Fantasies.
The sexual offender believes he would be rich, famous,
or extremely successful in some other terms if only
people were not holding him back. He uses this belief
to justify his assault. The sexual offender also puts
other people down verbally in order to make himself
feel superior.
Lying.
The sexual offender uses lies to control the information
available and therefore to control the situation. The
sexual offender also may use lying to keep other people,
including his victim, off-balance psychologically. For
example, he tries to appear truthful when he's lying,
he tries to look deceitful even when he's telling the
truth, and sometimes he reveals himself in an obvious
lie.
Assuming.
Sexual offenders often assume they know what others
are thinking or feeling. Their assumption allows them
to justify their behavior because they "know"
what the other person would think or do in a given situation.
For example, "I could tell she wanted me to do
it."
Above The Rules.
As mentioned earlier, a sexual offender generally believes
he is better than other people and so does not have
to follow the rules that ordinary people do. That attitude
is typical of convicted criminals, too. Each inmate
in a jail typically believes that while all the other
inmates are criminals, he himself is not. A sexual offender
shows “above the rules” thinking when he
says, for example, "I don't need counseling. Nobody
knows as much about my life as I do. I can stop anytime
I want to.”
Making Fools of Others.
The sexual offender combines tactics to manipulate others.
The tactics include lying, upsetting the other person
just to watch his or her reactions, and encouraging
fights between or among others. Or, he may try to charm
the person he wants to manipulate, pretending a lot
of interest or concern for that person in order to get
on her or his good side.
Fragmentation.
The sexual offender usually keeps his assaultive behavior
separate from the rest of his life, physically and psychologically.
An example of physical separation is the abuser's sexually
assaulting family members but not people outside the
family. An example of psychological separation is the
offender attending church Sunday morning and sexually
assaulting his victim Sunday night. He sees no inconsistency
in his behavior and feels justified in it.
Minimizing.
The sexual offender ducks responsibility for his actions
by trying to make them seem unimportant. For example:
"It was no big deal" or "She wanted it
anyway."
Anger.
Sexual offenders are not actually angrier than other
people. Anger is a tool offenders use. They deliberately
appear to be angry in order to control situations and
people.
Power Plays.
The sexual offender uses various tactics to overcome
resistance to his bullying. For instance, he berates
the victim, calling her a “tease,” a “slut,”
etc. If they have friends or acquaintances in common,
he may organize others to shun or criticize her for
daring to “accuse” him of rape or sexual
assault.
Playing Victim.
Occasionally the sexual offender will pretend to be
helpless or will act persecuted in order to manipulate
the victim into accompanying him or staying with him.
Here, the offender thinks that if he does not get what
he wants, he is the victim; and he uses the disguise
of victim to attack or make fools of others.
Drama and Excitement.
Sexual offenders make the choice not to have close relationships
with other people. They substitute drama and excitement
for closeness. Offenders find it exciting to watch others
get angry, get into fights, or be in a state of general
uproar. Often, they will use a combination of tactics
described earlier to set up a dramatic and exciting
situation.
Closed Channel.
The sexual offender does not reveal much about his real
feelings, and he is not open to new information about
himself such as insights into how others see him. He
is secretive, close-minded, and self-righteous. He believes
he is right in all situations.
Ownership.
The sexual offender typically is very possessive. Moreover,
he believes that anything he wants should be his, and
anything that is his he can do with as he pleases. That
attitude applies to people as well as to possessions.
It justifies his controlling behavior, physically abusive
behavior, and taking others' possessions.
Self-Glorification.
The sexual offender usually thinks of himself as strong,
superior, independent, self-sufficient, and very masculine.
His idea of the ideal man often is the cowboy or the
adventurer type. Any action or perceived attitude of
another person that does not conform to his glorified
self-image is seen as a putdown.
|
|
| TYPES OF RAPISTS. |
There are two
basic types of rapists: rapists unknown to the victim
and rapists known to the victim. Both types of rapists
commit rape because they want to and they can. It is
not true that rapists rape to have sex. Many times rapists
have a consenting partner with whom they can have sex.
Rapists Unknown to the Victim.
The rapist unknown to the victim typically is a stranger.
He frequently has a knife or other weapon. He threatens
the victim during the attack and may injure her severely.
He tells her he will hurt her in the future.
Rapists unknown to the victim direct enormous hatred
toward women. They want to degrade, humiliate, and use
power over their victims. About 30 percent of rapists
fit into this category. For victims, dying is a major
fear during the attack.
Rapists Known to the Victim.
This rapist is someone the victim knows: a friend, a
date, an acquaintance, a relative, a husband or partner.
He rarely threatens the victim with physical violence
beyond the sexual assault itself, and does not usually
injure the victim.
Over 70 percent of rapists know their victims. Their
goal is to have power and control over the victim. For
many victims, in their efforts to cope after the rape,
the major issue is the violation of trust the rape represents.
|
|
| SEXUAL ASSAULT STATISTICS. |
Every two minutes,
somewhere in America, someone is sexually assaulted.
(RAINN calculation based on 2000 National Crime Victimization
Survey. Bureau of Justice Statistics, U.S. Department
of Justice)
One out of every six American women have been the victims
of an attempted or completed rape in their lifetime.
(Prevalence, Incidence and Consequences of Violence Against
Women Survey, National Institute of Justice and Centers
for Disease Control and Prevention, 1998)
15% of sexual assault victims are under age 12
29% are age 12-17
44% are under age 18
80% are under age 30
(Sexual Offenses and Offenders, 1997; National Crime Victim
Survey, 1999)
According to 1999 National
Crime Victim Survey, 72% of rapes/sexual assaults are
not reported to the police.
Of the 28% that are reported probability statistics show:
- There is a 50.8% chance that
an arrest will be made.
- If an arrest is made, there
is an 80% chance of prosecution.
- If there is a prosecution,
there is a 58% chance of a felony conviction.
- If there is a felony conviction,
there is a 69% chance the convict will spend time
in jail.
- Therefore, even in those 28%
of rapes that are reported to police, there is only
a 16.3% chance the rapist will go to prison.
- Factoring in unreported rapes,
about 5% - one out of twenty – rapists will
ever spend a day in jail. 19 out of 20 will walk free.
(Probability statistics compiled by NCPA from US Department
of Justice Statistics)
|
|
| THE TRUTH ABOUT
RAPE AND RELATIONSHIPS. |
When a woman has
a close personal relationship with the man who rapes her,
she (and others) may be confused about whether the attack
was really a rape.
Oregon law, however, is clear on the subject of marital
rape. Oregon has been a leader among the states in asserting
that the marriage contract does not erase a wife's right
to say no to her husband. A woman in this state who is
raped by her husband has the same rights as any other
victim of rape, and she can receive the same protection
under the Family Abuse Prevention Act as a woman who is
beaten by her husband.
Similarly, what some call "date rape" is in
fact the crime of rape. At Women's Crisis Support Team,
we do not use the term “date rape” as it is
never appropriate to define a crime in the context in
which it sometimes happens. For example, you would never
hear, “it was a walk-in-the-park mugging”.
Sexual assaults and rapes are planned; they are not the
results of unpredictable bursts of passion. The plan often
is subtle and intricate, involving covert threats and
manipulative actions. For example, earlier in the evening,
the sexual offender might have demonstrated his strength
in a playful wrestling match, or he may have shown her
his gun collection or happened to mention violent acts
he had committed in the past. The purpose is to plant
the seeds of fear that will undermine her defenses when
he attacks her.
Rapists will often rationalize, "It was a date, and
she knew what to expect" (as if all dates are supposed
to involve rape); or, "She shouldn't have drunk so
much if she didn't want to do it" (since when is
trusting someone an invitation to rape?); or, "She
didn't fight or scream" (as if being immobilized
by fear or shock should be construed as consent).
Women who have been raped by their husbands or acquaintances
experience many of the same fears and feelings as the
victim of any sexual assault. They suffer from guilt ("Was
it something I said? Or did?"), from fear ("What
if it happens again?"), and from loss of trust ("How
could he do this to me?").
The victim needs to know that the attack was planned and
nothing she did or did not do caused his sexually assaultive
behavior. She needs to hear that he is a criminal and
she is not an accessory to the crime but rather a victim.
She needs to understand that her reactions during the
assault--whether she chose nonresistance or screaming
or some other tactic--were what she needed to do to survive.
Only her instincts could tell her his potential for violence
at that time, and she was correct to trust her instincts.
Whether or not she chooses to prosecute, we encourage
her to contact someone trained to work with sexual assault
victims so that her healing process may begin as quickly
as possible.
|
|
| DRUG FACILITATED
SEXUAL ASSAULT. |
Rohypnol and GHB
are strong sedatives often found at nightclubs and parties
and are used by individuals intent on perpetrating sexual
assault. In many cases, a sexual offender may mix the
drug into the drink of an unsuspecting victim. Combining
these drugs with alcohol increases the drug's effects,
sometimes causing death.
It is important not to ask victim blaming questions, or
make victim blaming statements, to women who are survivors
of drug facilitated sexual assault. “Why were you
drinking?” “Did you leave your drink unattended?”
“I would never go to that bar, nightclub, etc”.
Remember, sexual offenders are most often men who appear
to be trustworthy and charming. The offender is counting
on the fact that she does not expect him to sexually assault
her. What
is Rohypnol?
Rohypnol (flunitrazepam) is a strong sedative that is
manufactured and distributed by Hoffman-LaRoche. A member
of the benzodiazepine family that includes drugs such
as Librium, Xanax, and Valium. Rohypnol is about ten times
the strength of Valium. Although Rohypnol is used as a
pre-surgical anesthetic or for the treatment of insomnia
in many countries, the drug has never been approved for
medical use in the United States because other safer drugs
are available. Typically, Rohypnol is smuggled into Texas
from Mexican pharmacies; supplies in Florida often come
from Latin America. Street prices in Texas range from
$1 to $5 per pill. Slang terms for Rohypnol include Roach,
Roche (ro-shay), Roofies, Run-Trip-and-Fall, R-2, Mexican
Valium, Ropynol, Rib, and Rope. In South Texas, to be
under the influence of Rohypnol is "to get roached."
The effects of Rohypnol appear 15 to 20 minutes after
the administration and last approximately four to six
hours. Some residual effects can be found 12 hours or
more after administration. Rohypnol causes drowsiness,
dizziness, loss of motor control, lack of coordination,
slurred speech, confusion, and gastrointestinal disturbances.
Rohypnol causes partial amnesia; individuals are unable
to remember certain events that they experienced while
under the influence of the drug. This effect is particularly
dangerous when rohypnol is used to aid in the commission
of a sexual assault; victims may not be able to clearly
recall the assault, the assailant, or events surrounding
the assault.
What is GHB?
GHB (gamma-hydroxybutyrate) was once sold in health food
stores as a performance-enhancing additive to body builder
formulas. Although it is rumored that GHB stimulates muscle
growth, this claim has never been proven. GHB is a central
nervous system depressant that is abused for its intoxicating
effects. GHB can produce drowsiness, dizziness, nausea,
unconsciousness, seizures, severe respiratory depression,
and coma. In 1990, the FDA banned the use of GHB except
under the supervision of a physician because of many reports
of severe, uncontrollable side effects.
Why are Rohypnol and GHB Called "Sexual Assault
Related" Drugs?
Rohypnol and GHB have been called "sexual assault
related" drugs because of their potential to cause
blackouts and amnesia at high doses. In the past decade,
cases of sexual assault and rape by gangs of men where
victims were sedated by Rohypnol or GHB have been reported.
The drugs have been reportedly used at gang initiation
rites. In response to the abuse of Rohypnol and GHB, the
Drug-Induced Rape Prevention and Punishment Act of 1996
was enacted into federal law. This law makes it a crime
to give someone a controlled substance without a person's
knowledge and with intent to commit a violent crime. The
law also stiffens the penalties for the possession and
distribution of Rohypnol and GHB. |
|
| HEALING FROM SEXUAL
ASSAULT |
For the sexual
assault survivor, the attack is just the beginning of
the trauma. Afterward, she may experience at least some
of the following feelings and reactions:
- Fear of the sexual offender’s
return
- Frustration with the legal
process
- Destruction of her trust in
people, even those in no way connected to the assault
- Misplaced anger directed
toward her from her husband or partner
- Criticism and/or some level
of shunning from her family and friends as well as
from society in general
- Physical scars and/or disabilities
- HIV/AIDS or other sexually
transmitted diseases
- Pregnancy
- Feelings of extreme isolation
- Sleep disorders
- Fear
- Loss of self-esteem
- Guilt that she in some way
caused the assault
- Loss of a sense of control
- Loss of a sense of security
in her surroundings
Just as most women do not report
their sexual assault to authorities - fewer than 10
percent do, it is estimated - many victims will not
tell anyone at all.
Choosing to deal with the assault on their own, many
sexual assault survivors feel that keeping the assault
quiet is their only way to regain control of their lives.
Fear of being blamed for the assault, and a sense of
isolation, contributes to the decision not to tell anyone,
at least not right away.
Whether or not the survivor confides in someone, she
may be in a kind of shock for days. The survivor may
have a feeling of surrealism, an inability to process
what is happening. A sexual assault survivor may appear
calm but feel out of control. All of these reactions
may mean the survivor is in shock. Shock anesthetizes
the mind and body to help the victim survive the assault.
Relatively few sexual assault survivors choose to get
professional counseling. Yet, for many women, it may
be helpful to talk with a safe, caring, and supportive
person.
A woman who wants to report that she has been sexually
assaulted to the police is encouraged to go to the hospital
immediately for an exam by trained medical staff. At
the hospital, the woman also may have the assistance
of a Sexual Assault Victim Advocate from the district
attorney's office (see Sexual Assault and the Justice
System for more information).
Counseling will help the sexual assault survivor:
- Release an overwhelming flood
of emotions generated by the attack, including fear,
grief, and anger
- Overcome feelings of isolation
- Accept her own feelings
- Come to terms with the reality
of the attack and the validity of her responses
- Regain her sense of control
over her own life
- Understand and evaluate her
options
- Make informed, rational choices
for herself
|
|
| IF SOMEONE YOU KNOW
IS SEXUALLY ASSAULTED. |
If someone you
care about is sexually assaulted, here are some things
to keep in mind as you help her:
- Be supportive.
Really listen. Make it clear that you care about her
feelings.
- Do not ask for details.
Give her the opportunity to talk about her feelings,
fears, and reactions as she chooses.
- Do not tell her what to
do. It is her decision
whether to report the rape or not. You can help her
clarify her options or refer her to a rape crisis
hotline for that kind of help. In the Josephine County
area, the rape crisis hotlines for WCST are 479-9349
or the 24hour line 1-800-750-9278. Elsewhere, look
in the front pages of the local telephone directory
for the hotline serving the area where you live.
- If she has just been sexually
assaulted and she decides to report it, remind
her not to destroy evidence by bathing, douching,
changing clothes, or applying medication.
- Encourage her to get competent,
sensitive medical attention.
- Encourage her to talk
with someone trained to help sexual assault victims.
However, a survivor of sexual violence must be able
to decide for herself when and if she wants to receive
support and counseling.
- Seek support for yourself.
Your feelings matter, too. By talking through your
feelings with someone on the crisis hotline or a counselor,
you will be better able to provide the on-going support
she will need. Remember not to use her to help you
work out your own feelings.
- Be gentle, patient, and
sensitive to her needs.
Don't presume you know her needs. Ask before you reach
out.
|
|
| MEDICAL CARE FOR
SEXUAL ASSAULT SURVIVORS. |
Sexual assault
survivors who go to Grants Pass' Hospital's emergency
room for care are treated by professionals specially
trained to work with sexual assault.
A Sexual Assault Response Team (SART) nurse is on duty
or on call around the clock to ensure survivors receive
appropriate treatment as quickly as possible and that
any evidence that might be used in prosecuting the assailant
is collected and preserved according to strict standards.
One of the SART nurse's first concerns is for the patient's
privacy. After the survivor checks in at the hospital
emergency room, the SART nurse will move her as quickly
as possible to a room with more privacy for the examination.
Also, the survivor's name is kept confidential from
other staff in the emergency room.
The SART nurse interviews the survivor about the assault,
mainly for information that may be pertinent to the
survivor's medical condition. The nurse also takes numerous
samples such as hair, saliva, fingernail clippings and
scrapings, and swabs of any bites, abrasions, or other
injuries and preserves them for possible use as evidence.
The nurse also tests for the presence of sexually transmitted
disease. Each article of the survivor's clothing is
removed, sealed in a separate package, and marked for
evidence. A pelvic examination will be conducted and
medications may be prescribed, including medications
that can act as preventives for certain sexually transmitted
diseases and pregnancy.
The whole process takes about three hours to complete.
The SART nurses also do follow-up with survivors. A
nurse will call a day or two after the hospital exam
to check on how the survivor is doing.
|
|
| SEXUAL ASSAULT AND
THE JUSTICE SYSTEM. |
Whether or not
to report a sexual assault to law enforcement agencies
must be the survivor's choice, no one else's. The survivor
is the one who will have to decide whether she can handle
the stress that the decision to report inevitably brings.
Non-emancipated minors do not have the same legal protection
around reporting as adults. If you are unsure about
what your rights are, call the hotline to speak with
an advocate, 24 hours a day, 7 days per week.
A woman who wants to report a sexual assault that just
happened should telephone the police and be prepared
to go immediately to a nearby hospital for a rape kit
exam. That is a special exam administered by trained
medical personnel in order to gather physical evidence
about the assault. To preserve the evidence, the survivor
should not clean herself up in any way before the exam
is completed.
When the victim first reports the crime, the police
in many Oregon communities in turn will notify the local
Victim Assistance Program, and a Sexual Assault Victim
Advocate may respond. Usually the advocate will meet
the survivor at the hospital to stand by her during
the initial police interview and, if the survivor wants,
during the medical exam. The Sexual Assault Victim Advocate's
main purpose is to listen to the survivor, validate
her feelings and reactions, and prepare her for what
comes next in the legal process. Advocates may also
handle urgent practical tasks, such as assisting with
phone calls for the victim and giving her clothes to
wear home from the hospital if the ones she was wearing
are needed for evidence.
Later, the advocate may go with the survivor to further
interviews with the police and others in the justice
system. The advocate may accompany her to the grand
jury proceedings and, if there is an indictment, may
help prepare the survivor for court, including such
basic steps as showing her the courtroom, explaining
the trial process, and assuring her it's all right to
ask questions.
Support continues even after the trial, with matters
of compensation and restitution. Victim Assistance Program
staff will help the survivor with the paperwork needed
to get aid from the Oregon Department of Justice Crime
Victims' Compensation Program. Funds are there to help
meet expenses like medical and counseling bills and
to help make up for loss of income as a result of the
crime.
For more information about the Victims' Compensation
Program, see Crime Victim's Compensation in the Safety
& Protection section.
Although there has been considerable improvement in
recent years in the way the justice system treats a
sexual assault victim, the process for her still will
be difficult at best. When she reports the assault,
her actions may come under public scrutiny. She and
her actions may be criticized. She may not be believed.
In addition, it is entirely possible that she may go
through the months of investigation and court processes
only to see the offender walk away. Even if he is convicted,
she knows the odds are good that he will be back on
the streets soon.
Civil Penalties.
Filing a criminal complaint against a sexual offender
is not the only legal way to make him bear the consequences
of his actions. In some cases, it may be productive
for the survivor to look for a civil remedy-in other
words, to sue for an amount to be paid as damages.
A civil suit may be against the sexual offender himself,
but suits also have been made against others considered
in some way responsible for the crime, such as a motel
whose inadequate locks allowed the offender to enter
the victim's room, or the company that failed to check
out the offender’s background before hiring him
to work in homes where usually he was alone with his
victim.
As always for anyone considering court action, the sexual
assault survivor must decide whether it is worth it
to sue, given the financial and emotional costs involved.
The financial reality is that unless the party being
sued has a lot of money or other assets, it is unlikely
the survivor can collect enough in damages to cover
court costs, which can run to tens of thousands of dollars,
much less to compensate for the anguish the offender
caused. In addition, she may have a difficult time finding
a lawyer to take the case at all unless there is the
potential for a large award and a good chance of winning
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