Anyone can be a victim of sexual assault -- children, teenagers, people who are mentally and physically disabled, the elderly, and women and men, regardless of race, sexual orientation or economic status. Sexual assault is a violent crime, not a sexual one. The assailant uses sex to inflict violence and humiliation on the victim, or to exert power and control over the victim. Sexual offenses can include several kinds of crimes: sexual assault, incest, sexual harassment, child molestation, marital sexual assault, indecent exposure and voyeurism. Offenders may be strangers to their victims. More often, however, the offender is known to the victim. Indeed, the sexual offender may be an acquaintance, partner, spouse, or other family member.
WHAT IS RAPE?
Rape is no longer a legal term in New Hampshire. It is now classified as "Sexual Assault." Under RSA 632-A, there are three levels of sexual assault:
Sexual and physical abuse of children under 18 is also considered child abuse. Anyone suspecting or knowing of such abuse is required by law to report it to the Division of Children, Youth and Families (1-800-894-5533, in New Hampshire; 603-271-6556, outside NH) (RSA 169-C:29) (see resource section).
WHAT SHOULD YOU DO IF YOU ARE SEXUALLY ASSAULTED?
If you are sexually assaulted, you should:
HOW CAN YOUR LOCAL SEXUAL ASSAULT CRISIS CENTER HELP?
Confidential support and information is available 24 hours a day through your local rape crisis center (see resource section). All crisis centers have 24-hour hotlines so you can get in touch with an advocate. Advocates are available to talk with anyone who has been affected by sexual violence. You can call your local sexual assault crisis center 365 days a year. Advocates can provide emotional support and explain options to sexual assault victims or their parents, partners, or friends. In New Hampshire there is a statewide protocol that states that if a rape victim goes to the hospital to have a sexual assault medical exam the hospital should call the local rape crisis center to have an advocate come to the hospital to meet with the victim. If you go to the hospital to have a rape exam and there is not an advocate there, you may also request that the hospital contact an advocate to meet with you.
There is a law in the state of New Hampshire to make getting help safer for you. RSA 173-C states that information transmitted between a victim of a sexual assault or domestic abuse, and a crisis center advocate shall remain confidential. This information is never given out, unless the crisis center has received written permission from you. This information is never given out, unless the crisis center has received written permission from you. This means you can disclose any information about your situation and receive help and support without any of the conversation being revealed to a third party.
WHAT IS THE SEXUAL ASSAULT MEDICAL EXAM?
In New Hampshire, there is a sexual assault medical exam available at all hospital emergency rooms. The exam is made up of some tests to make sure the victim is not physically hurt. It is also to gather physical evidence of the assault. Due to the violent nature of the crime, it is important that this evidence be collected. The sexual assault medical exam can be done up to five days after the assault. You have the right to refuse any or all parts of the exam. The hospital will collect the clothing that you had on at the time of the assault and will document any injuries you may have received. The evidence collected will be used in investigating the crime.
WHO PAYS FOR THE SEXUAL ASSAULT MEDICAL EXAM?
The State of New Hampshire is responsible for paying for the medical exam if you do not have any insurance. In order to qualify for this payment, you must report the crime and cooperate with law enforcement. If you choose not to report the crime, you will be responsible for payment of the sexual assault medical exam. If you do not want to report the assault immediately, the evidence will be held for two weeks in case you change your mind. If you choose to report the crime, the evidence is signed over to the police and is transported to the forensic lab for analysis.
WHERE DO YOU GO FOR SEXUALLY TRANSMITTED DISEASES AND PREGNANCY TESTS?
The sexual assault medical exam includes tests for the sexually transmitted diseases Trichomonas, Chlamydia, and Gonorrhea. While the results of these tests will not be available for 3-4 days, an antibiotic medication may be offered as a preventative measure. This is usually done through a prescription and the victim is responsible for paying for the medication, as it is not considered part of the exam. A baseline pregnancy test is done at the hospital, but this will only determine if you were pregnant prior to the assault. You can request emergency contraception (the "morning after pill"). Your local crisis center can provide you with referrals for a physician or clinic in your area for additional or follow-up testing.
IS AN HIV TEST DONE AS PART OF THE EXAM?
Although an HIV test can be done at the time of the sexual assault medical exam, it is NOT part of the exam. This means that it is not paid for by the State and the victim is responsible for payment. If you choose to have the HIV test done at the hospital, it is a confidential test, but the results will become part of your hospital record. The HIV test done at the hospital is a baseline test and will only determine if you were infected prior to the assault and will not indicate if you were infected by the offender.
The "window" for HIV (length of time between being infected and getting positive results) is three to six months, so follow-up testing is important. Included in the kit is a list of anonymous testing sites throughout New Hampshire where you can choose to have the test done and documented by a number rather than using your name. In addition, your local sexual assault crisis center or NH Helpline (1-800-852-3388) can provide you with the telephone numbers for anonymous or confidential testing sites in your area.
IS THE DEFENDANT REQUIRED TO HAVE AN HIV/AIDS TEST?
The defendant can only be required to have an HIV/AIDS test if he or she is found guilty of sexual assault, as defined by the law (RSA 632-A:10-b). He or she cannot be forced to be tested prior to the trial, or if found not guilty. Once convicted and sent to the state prison, the defendant is automatically tested and the results of the test are sent to the Attorney General's Office of Victim/Witness Assistance. That office will notify the County Victim/Witness Program who will contact you with the results. If you have concerns or questions, contact your Victim/Witness advocate.
WHAT EFFECT DOES ALCOHOL HAVE ON SEXUAL ASSAULT?
Many women think that they cannot report a sexual assault or press charges against the person who assaulted them if they have been drinking or were intoxicated. The use of alcohol or drugs does not give someone the right to assault you. Being intoxicated can make you incapacitated or helpless to resist. If you have been sexually assaulted while intoxicated, you are still protected by the law. The same is true for victims who were using drugs prior to the assault.
WHAT ARE "RAPE DRUGS?"
Some assailants are using "rape drugs" to make victims helpless. Such drugs include Rohypnol, or "roofies," and gamma-hydroxybutyrate, or "GHB." These drugs are often slipped into victim's drinks, and are tasteless, odorless and colorless. Signs that you may have been drugged include:
Under the Drug-Induced Rape Prevention Punishment Act of 1996, it is illegal to distribute or administer Rohypnol to another person without that person's knowledge, and with the intent to commit a violent crime. This act, separate from the assault itself, is punishable by up to 20 years in prison and a fine. If you believe a rape drug was used by the person who assaulted you, inform police and medical personal right away. A special urine test can be done to check for Rohypnol in your system.
HOW LONG DO YOU HAVE TO REPORT THE CRIME AFTER THE ASSAULT?
If you are 18 years of age or older when the sexual assault occurs, the statute of limitations, or the time limit for reporting, is six years. That means you have up to six years to report the assault. If you are under the age of 18 when the assault occurs, you have until age 40 to report the crime. You should consult the county prosecutor to see if your case falls within these guidelines. Even with the longer time to report sexual assault crimes, it can benefit you to have the crime reported as soon as possible.
WHAT DOES THE COURT PROCEEDING CONSIST OF?
Police Investigation: In order to report a sexual assault, a report needs to be made to the police department in the city or town in which the assault occurred. Once the crime has been reported to the police it becomes a "crime against the state" and the choice of whether the case goes forward is up to the police and the prosecutor. The police will interview you and will take a detailed statement about what happened to you. Sometimes, they will audiotape or videotape the statement, and sometimes they will request that you write down everything that you can remember. The police will gather all of the information and may need to talk with you several times during their investigation. If the investigation results in an arrest, the case is then turned over to the County Attorney's Office for prosecution. If the case goes to trial, you will be asked to testify.
Arraignment in District Court: The defendant is charged with a crime, makes a plea of guilty or not guilty, and bail is set. It is very likely that the defendant will be released on bail or on his or her promise to appear in court, and that the defendant will be ordered to have no contact with you. A defense attorney is appointed if the defendant cannot afford his or her own attorney. It is very common for the defense attorney, or an investigator who works for the defense attorney, to contact you. It is wise not to talk informally to the defense attorney. If you do talk to the defense attorney or investigator, you should let the prosecutor know. Many victims get confused about who they are talking to. It is rare that the prosecution will go to the victim's house, but it is not rare for the defense to show up at your door. Note that if the crime is a felony, then no plea is entered in the District Court. That is because the District Court does not have jurisdiction over felonies. This case would be entered in Superior Court.
Probable Cause Hearing in District Court: At this time, a judge will determine if there is sufficient evidence to bring the case to trial in Superior Court. Witnesses may be required to testify.
Grand Jury: A case sent to Superior Court is first presented to the grand jury, a group of 12-23 citizens. The job of the grand jury is to hear the complaint and accusations that have been made against the defendant. They hear the evidence related to the case, and decide whether or not there is enough information and evidence to bring the case to trial. The County Attorney's Office presents the evidence in closed session. A closed session is a hearing in which no one else is allowed to sit in on the hearing. The defendant is usually not present. If 12 or more members of the Grand Jury believe that the crime may have been committed by the defendant, the defendant will be formally charged. This formal charge is called an "indictment." Sometimes the victim is asked to testify during this process.
Arraignment in Superior Court: The defendant is charged with a specific crime. A new plea is entered, and bail is reset.
Trial: All evidence, information and witness testimony is presented during the trial. In a bench trial, a judge determines whether the defendant is guilty or not guilty. In a jury trial, all 12 jurors must agree on a verdict of guilty or not guilty. The defendant has the right to a jury trial by law. If the verdict of the trial is not guilty, the defendant has been acquitted and will be released. The defendant can never be retried for this particular incident, but could be charged for another incident at a later date. When jurors cannot agree on a verdict, it is called a "hung jury." This may result in a new trial. If the verdict is guilty, the defendant will be sentenced by the judge at a later date. Defendants who have been found guilty of Aggravated Felonious Sexual Assault or Felonious Sexual Assault are not released on bail while waiting for their sentence. This is because bail is never given to defendants who are found guilty of felony sexual assault crimes.
Pre-Sentence Investigation: Before sentencing, the judge will refer the case to the Probation Department. A probation officer will conduct an investigation of the defendant's background and also consider the impact of the crime on the victim's life. This information is used in determining the sentence.
Sentencing Hearing: At the sentencing hearing, the judge will consider testimony from witnesses, recommendations in the probation officer's report, and arguments by the attorneys. Victims of sexual assault have the right to address the court regarding the effects that the crime has had on their lives. You also have the right to present these concerns at any future hearing regarding changes in the sentence. Based on all of this information, the judge will sentence the defendant.
WHERE CAN YOU GET SUPPORT WITHIN THE CRIMINAL JUSTICE SYSTEM?
Support and information is available through the New Hampshire sexual assault crisis centers to assist sexual assault victims at the hospital, police station, and with the court process (see resource section). The criminal justice system often involves delays and postponements. As a result, the time between the initial investigation and its conclusion in court can be long. It is often helpful to work with an advocate who will provide emotional support and will be able to answer any questions about the process. If a case goes to trial, Victim/Witness Advocates are at the County Attorney's Office to help you with preparing to testify. They let you know what is happening with your case. (see resource section).
WHAT EFFECTS MIGHT A SEXUAL ASSAULT VICTIM SUFFER?
Sexual assault is an act of violence, and a crime. Being sexually assaulted by someone you know does not make the crime any less serious. Everyone reacts in different ways following a sexual assault. Common fears that some people may experience after being sexually assaulted are: the attacker coming back; being alone; crowds; anything reminding them of the attacker; or their friends and family finding out about the assault. Anger, frustration, powerlessness, and helplessness are common feelings that victims experience. Reactions to the assault may also include embarrassment, guilt, numbness, suspicion, denial, obsessions with the assault, aversion to touch and the disruption of a normal sex life.
Healing from sexual assault begins when the victim is able to deal with what has happened and her feelings about it. It is often helpful to talk about the assault with a trusted individual -- a friend, family member, professional counselor, or an advocate from a sexual assault crisis center. Sexual assault victims may choose to sue the sexual offender for damages and emotional harm even if there is not a criminal case. Your local sexual assault crisis center can provide you with more information (see resource section).
TAKING CARE OF YOURSELF
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