Survivor advocacy is one of the most important parts of the justice system.
Survivors often have difficulty understanding their rights following an assault. The legal system is complex, and many survivors don’t know where to begin. By employing a survivor advocacy best practice model you can:
- Understand your full legal rights
- Find the right support resources
- Take action against your attacker
And use them to start the healing process and seek justice.
Here is how it works…
What Is Survivor Advocacy?
Survivor advocacy refers to assisting victims of sexual assault by providing them education on their rights and resources available to them.
Survivor advocacy. It’s what helps you understand a system designed to be indifferent, and overwhelming. It’s making sure survivors are heard. It’s protecting them. It’s empowering them with resources to make their own choices.
Survivors can access what they need to heal — counseling, medical attention, and a compassionate Los Angeles sexual assault lawyer knowledgeable in these types of cases.
Sexual violence is a significant public health concern. The CDC reports that almost 1 in 2 women in the United States have experienced some kind of contact sexual violence during their lifetimes.
Survivor advocacy helps you rebuild your sense of safety and allows you to:
- Know your legal rights: You will learn what crimes can be charged, what civil lawsuits can be filed and what evidence is required.
- Access trauma-informed support: Identify counsellors, doctors, and advocates trained in handling these cases.
- Hold offenders accountable: With the appropriate legal team behind you, you will know how to seek criminal and civil action.
Pretty important stuff, right?
Below, we’ll break down the rights every survivor should know!
The Legal Rights Every Survivor Has
Walking into a police station or hospital after an assault. Know your rights before you do anything…
There are some core protections that exist for survivors and they include:
- The right to a medical exam at no cost.
- The right to have an advocate present.
- The right to refuse to speak to anyone you don’t want to.
- The right to file a civil lawsuit even if criminal charges aren’t pressed.
It really is that important.
Why reinvent the wheel when there are systems in place to assist you? The laws and protections are already clearly defined.
But to use them, you need to know they exist.
Top 3 Steps To Take After An Assault
The very first thing to concern yourself with is your safety. This should be priority number one as everything from here on out is based on being safe. The 3 best courses of action to take at this moment are:
- Get to a safe location and seek medical care
- Preserve any evidence (don’t shower or change clothes)
- Reach out to a survivor advocate or attorney
In that order.
They can equip you with the best foundation moving forward. Which is important because only 21.4% of rapes and sexual assaults get reported to police. Let’s break that down…
Get To Safety And Seek Medical Care
Your safety is priority number one. However, the medical exam is equally important.
A sexual assault forensic exam (sometimes known as a “rape kit”) can preserve evidence that may be important if you choose to pursue legal proceedings at a later date. You need not decide at the time of the exam whether or not to press charges — the evidence will be saved for you.
Many hospitals will do this exam for free, and you are allowed to have someone with you during the exam.
Bonus: Many states have laws that protect your privacy during the exam and after.
Preserve The Evidence
The next step provides you with one of the most powerful tools many survivors don’t know they have. It’s not just about the rape kit…
Don’t think that physical evidence is the only type of evidence that matters. Text messages, social media posts, witness accounts, and your written account can help too.
Write down everything you can remember, as soon as you can. Memory is fallible, but a contemporaneous record of the events surrounding an assault will be helpful down the road.
Also: Digital evidence is important as well. Take screenshots, emails, and any conversations that could be useful.
Reach Out To An Advocate Or Attorney
This is where the magic begins to happen. Surround yourself with good people.
One thing to know is that there is a person called a survivor advocate. They are there to walk you through every part of the process. They can be with you while police conduct interviews, explain legal jargon, and help you find resources.
Don’t worry, you don’t have to figure this out alone.
The Best Way To Find Legal Support
You can locate appropriate legal assistance through proper channels. This tried and true method has allowed thousands of victims to obtain justice.
Here’s what you need to do…
Research Attorneys Who Specialise In These Cases
Start by looking for attorneys that list sexual assault as their focus. Not all personal injury attorneys will be trauma informed.
Look for attorneys who:
- Have a track record with sexual assault cases
- Offer free consultations
- Use trauma-informed communication
- Take cases on contingency
Understand The Civil vs Criminal Process
There are two avenues to seek justice. Civil takes the avenue of monetary damages. Criminal punishes the wrongdoer.
Many survivors pursue both at the same time.
Know Your Statute Of Limitations
Statute of limitations deadlines vary by state for filing a case. Several states have recently extended or eliminated statute of limitations for sexual assault cases. This is a major victory for victims/survivors who weren’t ready to disclose early on.
Final Thoughts
Empowerment. Understanding your rights as a survivor is one of the most important tools for healing and justice. Knowing your rights can help you:
- Control — so you can make informed decisions about your case.
- Support — you’ll have the right people in your corner.
- Justice — you’ll know how to hold your attacker accountable.
By understanding the legal system, the path forward becomes much clearer. To quickly recap:
- Get to safety and seek medical care first
- Preserve any evidence you can
- Reach out to an advocate or attorney
- Understand your options for civil and criminal cases
- Take action within your state’s deadlines
Survivor advocacy exists because no one should have to navigate this alone.
