what is a sexual assault lawyer called

by Winfield Hilpert 9 min read

What to do if you are accused of sexual assault?

What to Know if You Are Accused of Sexual Assault

  • Do Not Talk to the Police. An investigation of this crime usually assumes you are guilty and will use everything you say to try to incriminate you.
  • Beware of the Pre-Text Phone Call. A common investigative tool is to have the alleged victim call you. ...
  • Do not Consent to a Search or Request. The police may contact you. ...
  • Get an Attorney. ...

How long does a trial for sexual assault last?

The average waiting time between a defendant’s not guilty plea in magistrates court and a crown court trial has stretched to seven months in sexual offence cases. ... Last year fewer than one in ...

How to respond to an allegation of sexual assault?

Staff protocol for responding to a sexual assault allegation

  • Establish immediate safety [show details]
  • Facilitate access to services [show details]
  • Proceed to Critical Incident Protocol [show details]
  • Debriefing [show details]

How can the legal system help survivors of sexual assault?

For cases that are reported, police investigations are less likely to result in legal proceedings than for ... excellent work of the Age here, and you can read more about how police investigations treat sexual assault cases in this investigation by the ...

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Who deals with sexual assault cases?

You have several options for reporting sexual assault:Call 911. If you are in immediate danger, dial 911. ... Contact the local police department. Call the direct line of your local police station or visit the station in person. ... Visit a medical center.

What is the name for someone who sexually assaulted someone?

The term perpetrator refers to any person who commits a sexual assault, regardless of whether the victim is a minor or an adult, whereas sexual offender refers to someone who has been convicted of a criminal sexual offence.

What is sexual assault Legal?

Sexual Assault: Definition Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape.

Is sexual assault a tort or crime?

In the civil justice system, sexual assault is classified as an “intentional tort,” meaning that victims can sue their attackers for wrongdoing.

What is it called when someone is raped with an object?

Rape is technically defined as forced penetration (with any body part or object) including anal, vaginal or oral intercourse.

What to say to a girl who was sexually harassed?

Some simple things that you can say include: “I believe you, and I want to help you,” “I am so sorry this happened to you,” or “I have no idea what to say, but I want to help you through this.

What is sexual assault 1st Degree?

A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.

What does Rainn stand for?

Rape, Abuse & Incest National NetworkRAINN (Rape, Abuse & Incest National Network) is the nation's largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline (800.656.

Is assault a negligence?

In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence.

What does "sexual assault" mean?

The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

What is the National Training Standards for Sexual Assault Medical Forensic Examiners, 2D?

The training standards include recommendations for training objectives and topics that will enable a sexual assault forensic examiner to implement effectively the guidelines and standards outlined by the protocol.

What to call if you are in danger?

If you are in immediate danger, call 911. OVW does not provide services directly to the general public. Find local help on our map or call the national hotline:

What is sexual assault?

About Sexual Assault. Sexual violence happens in every community and affects people of all genders and ages. Sexual violence is any type of unwanted sexual contact. This includes words and actions of a sexual nature against a person’s will and without their consent. A person may use force, threats, manipulation, ...

Why does sexual violence weaken the basic pillars of safety and trust?

Sexual violence weakens the basic pillars of safety and trust that people long to feel in their communities because it creates an environment of fear and oppression.

How much money does sexual violence cost?

A recent study from the Centers for Disease Control and Prevention found that individual victims of sexual violence incur $122,461 over a lifetime in costs associated with lost wages, health, criminal justice, and property damage (Peterson et al., 2017). Additional research shows that sexual violence can derail a person’s education and employment, resulting in a $241,600 income loss over a lifetime (MacMillan, 2000).

How does sexual violence affect a survivor?

As they try to make sense of what happened, loved ones may experience similar reactions and feelings to those of the survivor such as fear, guilt, self-blame, and anger.

What are the forms of sexual violence?

Forms of sexual violence include: Rape or sexual assault. Child sexual assault and incest. Sexual assault by a person’s spouse or partner. Unwanted sexual contact/touching. Sexual harassment. Sexual exploitation and trafficking. Exposing one’s genitals or naked body to other (s) without consent. Masturbating in public.

How does assault affect survivors?

Impact on survivors. An assault may impact a survivor’s daily life no matter when it happened. Each survivor reacts to sexual violence in their own way. Common emotional reactions include guilt, shame, fear, numbness, shock, and feelings of isolation. Physical impacts may include personal injuries, concerns about pregnancy, ...

What are the long term effects of sexual violence?

The long-term psychological effects survivors may face if their trauma is left untreated include post-traumatic stress disorder, anxiety, depression, isolation, and others.

What is a form of sexual violence?

It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault ), or the torture of the person in a sexual manner.

Where does mass sexual assault take place?

Mass sexual assault takes place in public places and in crowds. It involves large groups of men surrounding and assaulting a woman, groping, manual penetration, and frottage, but usually stopping short of penile rape.

What percentage of women are sexually abused?

Approximately 15 to 25 percent of women and 5 to 15 percent of men were sexually abused when they were children. Most sexual abuse offenders are acquainted with their victims. Approximately 30 percent of the perpetrators are relatives of the child - most often brothers, sisters, fathers, mothers, uncles, aunts or cousins. Around 60 percent are other acquaintances such as friends of the family, babysitters, or neighbors. Strangers are the offenders in approximately 10 percent of child sexual abuse cases.

What are the effects of child sexual abuse?

The effects of child sexual abuse include depression, post-traumatic stress disorder, anxiety, propensity to re-victimization in adulthood, physical injury to the child, and increased risk for future interpersonal violence perpetration among males, among other problems.

What is it called when someone touches someone's body?

Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent. In the United States, the definition of sexual assault varies widely among the individual states.

How long is a sexual penetration sentence in Australia?

In the state of Western Australia, sexual penetration is punishable under s 325 the Criminal Code Act 1913 with a maximum sentence of 14 years imprisonment.

How does sexual assault affect survivors?

Sexual assault also has adverse economic effects for survivors on the micro level. For instance, survivors of sexual assault often require time off from work and face increased rates of unemployment. Survivors of rape by an intimate partner lose an average of $69 per day due to unpaid time off from work.

What is sexual assault?

Sexual assault or abuse means any unwanted sexual contact. It’s when someone uses force or pressure (either physical or emotional) to get you to do something sexual. Rape is when someone forces or pressures you into having sex. Every state defines crimes like "rape,” "sexual assault," and “sexual abuse” differently.

How to help someone after a sexual assault?

4. See a doctor or nurse. Medical care is important after a sexual assault. You can go to the emergency room or you may be able to go to your nearest Planned Parenthood health center. The doctors and nurses who take care of people after sexual assault are usually specially trained.

What is rape in sexual terms?

Rape usually means forced vaginal, anal, or oral penetration by a body part or object. Here are some examples of things that are sexual abuse or assault: someone touching your breasts, butt, or private parts without your consent. someone showing you their genitals or making you touch them without your consent.

What is the national network for rape?

The Rape Abuse and Incest National Network offers a 24-hour, 7-day a week hotline. They can tell you about your options and connect you with local resources. A rape crisis center in your area can help you find a doctor or nurse, counselor, and other support.

What to do if you are assaulted?

Also if you can, don’t go to the bathroom, comb your hair, eat, smoke, drink, or take any drugs. If you change your clothes, take the clothes you were wearing during the assault to the hospital or police department in a paper bag. 3. Tell a parent, guardian, or another adult in your life who you trust.

Is it okay to think of sexual violence right away?

Dealing with any kind of sexual violence takes time. They might not even think of it as assault/abuse/rape right away. There’s no such thing as a “right way” for someone to react. It’s also really important to take care of yourself when you’re trying to be there for a friend who’s been hurt.

Can you speak to a police officer alone?

If you choose to speak with the police, you may want to have someone with you for support. If a police officer asks to speak with you alone, you don’t have to unless you want to. You can have someone you trust like a family member or friend there, or have a trained advocate with you. RAINN may be able to connect you with one of these advocates.

What is sexual assault?

What to Do. Sexual assault is a severe, punishable act that should not be taken lightly. Maybe you hooked up with someone while you were drunk. Maybe a stranger touched you inappropriately in passing. Maybe you were pressured into having sex with your partner.

What is the number to call for victims of sexual assault?

The Rape, Abuse, and Incest National Network (RAINN) provides a toll-free 24-hour hotline for victims of sexual assault at 1-800-656-HOPE as well as an online chat hotline. When you call the HOPE hotline, your call will be routed to a local RAINN affiliate organization (based on the first six digits of your phone number).

Why are sexual assault cases so challenging?

Because many sexual acts occur in private between just two people, there aren’t usually witnesses who can attest to the consent or the situation in which consent was unable to be freely given , and that’s why sexual assault cases can sometimes be so challenging.

What age is the most at risk for sexual assault?

Those most at risk of sexual assault are females ages 18 to 24 1  , but sexual assault can occur at any age, regardless of race, gender, and sexual orientation.

Who said not to engage in sexual activity when drinking?

Elizabeth L. Jeglic PhD, Professor of Psychology at John Jay College of Criminal Justice, recommends “ [not] engaging in [any] sexual activity when one or both parties are drinking or under the influence of substances. An individual cannot consent when they are drunk or high.”.

Can you call in on a cellular phone if you have been sexually assaulted?

When calling in on a cellular phone, there will be an option to enter your ZIP code (to more accurately route you to the nearest local sexual assault service provider). RAINN can help connect you to local counseling. If you’ve been sexually assaulted, know it is not your fault and recovery is possible.

Is sexual assault a felony?

Many sexual assault crimes are considered felonies and depending on the state, sexual assault may be called “sexual battery,” “criminal sexual penetration,” or “rape.”. Rape is considered a type of sexual assault. Categories of sexual assault include rape, as well as the following:

What is the most common type of sexual assault?

Acquaintance rape is the most common type of sexual assault. Over 80 % of rapes are acquaintance rapes and more than 50 % of them happen on dates.

Why is alcohol used in sexual assault?

Just as with roofies, alcohol impairs your judgment, lowers inhibitions, and affects consciousness. In the eyes of the law, you cannot consent to have sex when you are under the influence of alcohol.

What is consent in sexual relationships?

Consent is a voluntary, sober, enthusiastic, informed, mutual, honest and verbal agreement. It is an active agreement and cannot be coerced. Consent is a process which must be asked for every step of the way; if you want to move to the next level of sexual intimacy, just ask!

What is child sexual abuse?

Child sexual abuse is any sexual act with a child by a parent, an adult or someone who is older or more powerful than the child. It involves forcing, tricking, bribing, threatening or pressuring a child into sexual acts.

Why is rape underreported?

This type of rape is very underreported for a number of reasons; the women may fear the husband’s reaction, or she may fear the stigmatization and shame, as well as the potential loss of his or her children. For more insight into this type of rape, please refer to our section on relationship violence.

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