Criminal Justice Concerns for Sexual Assault Victims

In general, rape and sexual assault are considered serious crimes, and charges for sexual assault can result in severe penalties for the perpetrator, including prison time. Despite the serious nature of these crimes, the majority of sexual assault victims decide to never report the crime to police. Many victims who do report often find that the reports do not lead to criminal convictions. Rape remains the least reported, least indicted and least convicted violent crime in America. Among college students, the reporting rate is 5%. (Department of Justice)

You, like many victims, may choose not to report the crime to the police for a lot of reasons:

out of fear of social blame
your desire to quickly move on with your life
your desire to avoid a long investigation and trial
out of concerns for your privacy.

Yet, if you are a victim, it is important to get as much accurate information about your criminal options as possible. Most police and prosecutors will talk to you about your options, and won’t force you to participate if you do not want to. If you have questions, or simply want to find out what your options are, you can contact your local District Attorneys Office or our office for more information. At the Victim Rights Law Center our goal is to help you get accurate information about the criminal justice system, and to provide independent representation for your privacy interests if you chose to file police charges. Just remember: You have the right to have your privacy protected if you chose to participate in the criminal justice system. The mission of the Victim Rights Law Center is to help you protect your privacy.

Criminal Justice – Legal Options and Information

Please note: The laws outlined below provide you with general information only. They do not provide specific legal advice to address your specific situation. For personal legal advice please contact us or another qualified attorney.

Sexual assault survivors frequently ask the following questions when they are weighing whether or not to report the assault to law enforcement. We have provided brief answers to these general questions, but please contact your local District Attorney’s Office or the Victim Rights Law Center for more specific information for your situation.

If I report, do I lose control of whether or not the case is prosecuted?
Can I file a police report and not go any further with prosecution?
Will my name be published in criminal court documents or in the newspaper?
How long will the criminal process take?
How does Massachusetts criminal law define sexual assault?

If I report, do I lose control of whether or not the case is prosecuted?
Technically, once you report an incident to the police, you become a witness in the case and do not control whether or not that case is prosecuted. However, in most sexual assault cases, state prosecutors will not go forward with a prosecution without your consent. Very rarely will a sexual assault survivor be forced to participate in criminal proceedings against his/her will.

Can I file a police report and not go any further with prosecution?
If you want to report, but not prosecute, most police departments will allow you to make this choice. Most police departments will allow you, as a rape survivor, to file an incident report without forcing you to participate further.

Will my name be published in criminal court documents or in the newspaper?
Technically, for rape and attempted rape, your name is not part of the criminal public record, and should be blacked out of all police reports and court records. You can also request that additional personal information be kept out of the public criminal record. The rules regarding publication of your name vary in the civil arena, and you should consult with an attorney on your specific situation. For more information…

How long will the criminal process take?
On average, in Massachusetts, a sexual assault case can take anywhere from nine months to 2 years for complete prosecution. However, every case is different and times vary dramatically.

How does Massachusetts criminal law define sexual assault?
Sexual assault is broken down into different types of crimes, which depend in part on the age of the victim and the type of harm inflicted on the victim. The two most common types of crimes for victims age 16 and over include:

Rape
Rape is generally defined as compelling a person by force or by threat of bodily injury, or against her will, to engage in sexual intercourse, including any oral or anal sexual acts which involve penetration of any kind into the mouth, genital or anal openings of another person’s body.

Indecent Assault and Battery
Indecent assault and battery is generally defined as intentional and impermissible contact with another person that involves offensive and improper conduct, such as the touching of another person’s genital area, buttocks, inner thighs, breasts or abdomen.

For victims under age 16, different rules apply. For a full list and description of the Massachusetts criminal laws related to rape and sexual assault, please click here for more info.

If you are a victim and have specific questions or concerns about the criminal justice system, you can contact your local District Attorney’s Office or our office for further information.

Attorneys and Advocates who want to learn more about rape victims’ legal rights in the criminal justice system can consult with our Attorney Practice Manual for more in-depth information.

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