Legal Information

The criminal justice system is not the only way for survivors of sexual assault to get their legal needs met. Because most victims never report to the police, most sexual assault victims are never involved in the criminal justice system. However, survivors may still have many legal needs that arise from being sexually assaulted. Some issues that survivors may be concerned about, but do not necessarily think of as legal issues, are things such as  physical safety, housing, concerns about work or school, questions about privacy rights and immigration status and questions about how the criminal or civil justice system works or perhaps even filing a civil law suit against the perpetrator.

Privacy
Victims may express fear that people will find out private information about her/him or about the assault. Many victims want to protect their privacy as much as possible. This includes limiting the number of people who know about the assault, keeping their names out of public documents, including newspapers, and keeping medical and counseling records confidential.

Physical Safety
A victim may not feel safe for months or years after being assaulted. Careful safety planning is needed particularly if the victim has any on-going contact with the perpetrator. Civil orders of protection are available for sexual assault victims. The sexual assault protection order (RCW 7.90) is an order that a victim of sexual assault can petition the court for in order to ensure the perpetrator stays away and has no further contact with the victim.

Immigration
Victims may worry that the assault will affect her/his ability to remain in this country or will affect her/his attempt to become a legal resident. Visit Northwest Immigrant Rights Project for more information.

Housing
A victim may face eviction, needs to live somewhere else, or needs the perpetrator to live somewhere else, as a result of the sexual assault.

Employment
Sexual assault is often a profound threat to a victim’s employment and job status. The victim may feel unsafe at work, her/his job performance may be affected by the trauma, or traumatic symptoms may increase absenteeism.

Education
You cannot over-estimate the impact that rape has on a victim’s education. In nearly every case, sexual assault is a powerful threat to a victim’s educational process and academic goals.

Financial Loss & Insurance Issues
Sexual assault victims often have a broad range of expenses directly related to the assault. Medical bills, therapy bills, lost wages, moving expenses, and lost tuition are routine losses from the sexual assault.

Civil Liability
In civil law suits the victim initiates a complaint against the perpetrator or other parties that may be responsible. Civil cases are tried before judges or juries. Civil actions are often based on legal theories of assault, battery, rape, sexual harassment, infliction of emotional distress and other torts.

For more legal information, visit Washington LawHelp, Legal Voice, Sexual Violence Law Center or Washington State Bar Association.