Physical Safety Concerns for Sexual Assault Victims
If you have been raped or sexually assaulted, it is normal to feel
afraid and unsafe after the assault. Most rape and sexual assault
victims feel afraid for months or even years after the assault.
This is especially true if something happens to remind you of the
assault. Additionally, if you are still having contact with the
perpetrator, or have potential ongoing contact, you may still be
in danger.
- If the perpetrator knows where you live, work, or attend church
or school, or
- If the perpetrator has made a threat to harm you again if you
tell anyone, you should immediately talk to someone about your
safety.
Would a “Protective Order” help protect me?
In some sexual assault cases, getting a “protective order”
(usually called restraining orders or stay away orders) can help
you with your safety. Protective orders are pieces of paper issued
either by courts or institutions (like a housing authority or university)
which order the perpetrator to have no further contact with you.
Please understand, however, that getting an order is not a bulletproof
vest. If the perpetrator decides to ignore that piece of paper,
you may need to consider other safety measures. A protective order
can only ensure that the perpetrator is punished or sanctioned somehow
if s/he violates or disobeys the order.
All of the agencies listed (Local
Rape Crisis Centers, National
Crisis Hotlines, Domestic
Violence Programs, Local
Police) can help provide information regarding protective orders.
In addition, at the Victim Rights Law Center we can help you make
decisions about your safety after the assault. We can look at what
legal remedies there are that could help you with your situation.
We can help you apply for a protective order.
Physical Safety - Legal Information and Remedies
Massachusetts laws related to protective orders are outlined below.
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.
The Different Types of Protective Orders You
May Be Able to Use
I am living with, related to, or dating the perpetrator.
I have an “arms length” relationship
with the perpetrator.
The perpetrator is involved with my housing.
I am involved with a criminal prosecution.
I am in school, college or university.
If you are living with, related to, or dating
the perpetrator
If someone has sexually assaulted you and you have lived with, are
related to, are currently dating, have dated, or have had some kind
of serious social relationship with that person in the past, you
can apply for what is called a “Chapter 209A restraining order.”
You can apply for this kind of restraining order in the District
Court or Probate & Family Court. If the perpetrator disobeys
the order, s/he can be arrested and charged with the crime of violating
the order.
If you have an “arms length”
relationship with the perpetrator
When you do not have the relationship needed for a Chapter 209A
order, but you are afraid of the perpetrator (who is someone like
a neighbor, co-worker, or classmate), you can go to court and apply
for an “injunction” and ask the court to order the perpetrator
to stay away from you. You can apply for an injunction in the Superior
Court. If the perpetrator disobeys the order, s/he cannot be charged
with a crime but can be sanctioned by the Court in some other way.
If the perpetrator is involved with your
housing
Public Housing Authorities may order people to either stay away
from or leave (“vacate”) the building if they think that
person will put tenants in danger. Private landlords may apply to
the courts for the same kind of order. If the perpetrator disobeys
the order, s/he could be charged with a crime.
If you are involved with a criminal
prosecution
If there is a criminal complaint (the police have filed criminal
charges against the person who assaulted you or there is a grand
jury indictment) and the perpetrator has been arrested on those
charges, you can ask the criminal court to order the defendant to
stay away from you, your family or other witnesses. If the perpetrator
tries to intimidate you or threatens you or has contact with you
in violation of the court’s stay away order, there can be more
criminal sanctions or punishment.
If you are in school, college or university
Most schools will want to make sure that a student who has been
assaulted is safe. The school may issue a no-trespass order, or
stay-away order, at its discretion under the school’s established
policies.
If you are a victim and have specific questions or concerns
about any of these protective order issues, please contact
us for confidential legal information specific to your unique
circumstances.
Attorneys and Advocates who want to learn more about the
physical safety rights of sexual assault victims should see our
Attorney Practice Manual.
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