Questions and Answers (Q&A)
-
Getting a sexual assault exam and evidence kit can take a few hours, but may take longer depending on factors such as what parts of the exam the patient is comfortable completing, and if there is a need for more in-depth medical examination due to injuries sustained during the assault.
-
The answer varies depending on the age of the patient and the type of evidence being collected. The sooner the exam is done, the higher the chance of evidence being collected. However, there are many reasons a survivor may not immediately get care. Remember that there is no time limit on receiving medical care.
For adults, it is best to collect evidence within 120 hours (5 days)
For pediatrics, it is best to collect evidence within 72 hours
Other types of DNA collection: Bite marks <96 hours; Anal DNA collection <72 hours; Oral DNA collection <24 hours
HIV prophylaxis and emergency contraceptive can be provided within 72 hours. Other STD prophylaxis can be given anytime .
Drug Screen: blood for 12 hours, urine for 24
-
A sexual assault evidence kit (or "rape kit") refers to evidence collection following a sexual assault. This can be done to document any physical evidence of the incident. It may include internal and external swabs to collect DNA, pictures of any injuries, and collection of clothing worn during the assault.
A patient can choose what evidence they would like collected and how it is done. For example, swabs for DNA on the skin could be done, but the patient could refuse any swabs of the genitals.
Medical care can be done with or instead of a sexual assault evidence kit. A sexual assault medical exam assesses the patient for injuries or other medical issues as a result of the assault. If a patient does not wish to have evidence collected, they may still visit the hospital to be medically assessed and receive appropriate preventative care such as pregnancy and STD prophylaxis.
-
Yes, you can have someone with you during the sexual assault evidence kit and/or the medical exam.
If you would like a support person but do not know who to bring with you, you have the right to have an advocate present. Your nurse should ask you if you would like an advocate, but you can also call 574-289-HELP (4357) to speak to an advocate in advance or at the time of receiving care.
-
Evidence can still be collected.
While steps like showering, using the bathroom, eating, and changing clothes may damage or destroy evidence, we want you to take whatever steps you feel you need. A forensic exam can still be completed, and evidence can still be found. Of course, you can also still be examined medically for any injuries or medical issues relating to the assault.
-
In Indiana, the cost of sexual assault forensic medical care is covered by the state, if the patient seeks care from a hospital. The hospital will directly bill the Indiana Crime Victim Compensation fund. You should not receive any bill or charge to insurance.
It is against state and federal law for a victim to pay any out-of-pocket costs for a forensic medical exam.
-
An “anonymous kit” refers to a sexual assault evidence kit that is collected, but the patient has not yet decided to submit the kit as evidence in a police report. An anonymous kit can be stored without the patient’s name for up to one year while the patient decides if they would like to make a report.
-
Someone may choose to have an anonymous kit if they are unsure if they would like to make a report to the police with their DNA evidence, but still want to collect evidence as soon as possible, to have it available in case they do choose to report at a later time.
Reporting rape and sexual assault can be difficult and retraumatizing to the patient, and there is much to consider before making the report. Patients may fear retaliation, disbelief from law enforcement, among other factors. Taking an anonymous kit provides the patient with time to consider these things before making a report.
-
After an sexual assault exam kit is completed, the nurse will provide the patient with a kit number and pin number they can use to track their case here.
The tracking system will show the location of the kit, and status of testing. It will not show test results, including any medical information or confirmation of DNA findings.
If you had a sexual assault evidence kit collected but have misplaced your kit and/or pin number, contact the hospital that collected the kit. For Saint Joseph Regional Med Center, call the Forensic Department at 574-335-2532
-
Anonymous kits are held by the St. Joseph County Police Department without the patient's name for one year or until the patient decides to make a report, whichever comes first. No testing is done on an anonymous kit until the patient decides to move forward with a criminal case.
-
The time allowed for a patient to consider having their anonymous kit tested varies by state and jurisdiction. In St. Joseph County, IN, patients have one year to report and have their kit used in an investigation.
-
General medical care for a sexual assault patient can take several hours, and the actual time it takes can vary depending on the presence and severity of injuries.
-
General medical care for sexual assault can vary depending on the nature of the incident and severity of the injuries. Most medical exams will include the following:
A history of the event. Your medical provider will ask you to recount what happened leading up to, during, and following the incident.
A physical examination. Your medical provider will do a physical exam to assess the nature and severity of injuries sustained during the assault. This may include an exam of the breasts and genitals. It is important to note that you can deny any part of the physical exam or evidence collection process at any time.
Assessment and treatment of injuries. If there are physical injuries or concern about internal injuries, your medical provider may want to do additional testing or scans to ensure that there are no emergent medical issues. If these issues are present, the provider may take additional steps to ensure your health and safety.
Preventative measures. Your provider will offer preventative medicines such as emergency contraception, pregnancy test, STD and HIV prophylaxis and testing, and/or a drug screen to prevent any further health consequences of the assault.
-
Yes, you can have someone with you during the sexual assault evidence kit and/or the medical exam.
If you would like a support person but do not know who to bring with you, you have the right to have an advocate present. Your nurse should ask you if you would like an advocate, but you can also call 574-289-HELP (4357) to speak to an advocate in advance or at the time of receiving care.
-
In Indiana, the cost of sexual assault forensic medical care is covered by the state, if the patient seeks care from a hospital. The hospital will directly bill the Indiana Crime Victim Compensation fund. You should not receive any bill or charge to insurance.
It is against state and federal law for a victim to pay any out-of-pocket costs for a forensic medical exam.
-
You can always request a report be made for a sexual assault. However, it may be difficult or impossible to prosecute if the case does not fall within the statute of limitations. The statute of limitations varies depending on a number of factors including the age of the victim and the nature of the crime, as well as the state in which the crime occurred. In Indiana, for cases of rape, the statute of limitations are as follows:
If the victim is under the age of eighteen: A prosecution must be brought within ten years after commission of the offense or within four years after the person ceases to be dependent of the person alleged to have committed the offense, whichever occurs later.
If the victim is eighteen or older: A prosecution must be brought within five years after commission of the offense.
If the claim would be barred under the previous categories, a prosecution may commence no later than five years after the earlier of the date on which: 1. the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; 2. the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or 3. a person confesses to the offense.
If it is a Level 1 Felony, prosecution can happen at any time.
For cases of sexual battery, the statute of limitations are as follows:
If the victim is an adult, prosecution must commence within five years after commission of the offense.
If the victim is a child, prosecution must commence within ten years after the commission of the offense, or within four years after the victim ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.
For a level 4 felony, if the prosecution would otherwise be barred under the above limitation, prosecution may commence within one year after the earlier of the date on which the state: 1. first discovers evidence sufficient to charge the offender with the offense through DNA analysis; or 2. could have discovered evidence sufficient to charge the offender with the offense through DNA analysis through the exercise of due diligence.
For guidance and information on reporting, we recommend you speak with an advocate at the Family Justice Center.
For more information about criminal statutes of limitations in Indiana, click here.
-
Making a report to the police is a complex and difficult decision. While you can discuss this decision with friends and family, you may wish to speak with an advocate or another professional to fully understand your options. To find an advocate near you, you can contact the National Sexual Assault Hotline at 1-800-656-4673. If you live in St. Joseph County, Indiana, you can contact 574-289-HELP (24/7) or 574-234-6900 (FJC front desk) to reach an advocate.
-
You can file a police report in a few ways. This is also something that your advocate can assist you with, if you are in contact with one.
At the hospital: If you seek medical care after an assault, you can let your nurse know you wish to make a report, and an officer will come to the hospital to speak with you.
With the department: You can call the non-emergency number of the police jurisdiction where the crime took place. Let them know that you would like to make a police report and they will assist you in coordinating a time to speak to a police officer. You can also go in person to the department with jurisdiction over where the incident occurred. If you do not know what department has jurisdiction, call the county’s non emergency dispatch. In St. Joseph County, that number is 574-255-0606
911: If you are in imminent danger or need medical assistance, call 911 to have police sent to your location.
-
Investigation: Once a sexual assault report is taken, the case may be assigned to an investigator in the Special Victims’ Unit for further investigation. They would reach out to you for further information, and they can explain to you what steps they will need to take next.
It is also possible your report could be sent directly the the Prosecutor’s office for review, if no further investigation is necessary.
Review for prosecution: Once the investigation has been completed, the case will be sent to the Prosecutor’s Office to review and make a determination if charges will be filed.
The Prosecutor’s office may contact you to learn more about your wishes and comfortability participating in prosecution. However, the it is ultimately the decision of the Prosecutor’s office to file charges, not yours.
Charging: If charges are filed, the defendant will appear in front of a judge for an arraignment. At the arraignment, the defendant will enter a plea of guilty or not guilty. At the arraignment, the judge will set a bond. If the defendant is not able to make the bond, they will remain in custody.
The state may also request a no contact order. This order requires the defendant to stay a set distance from you and to not contact you for the duration of the order.
If charges are not filed, you may have options civilly, such as a protective order or other resources. You can reach out to an advocate at the Family Justice Center at any point in your process to discuss your rights and options within or separate from the criminal case.
-
Every investigation is handled differently, according to a number of factors including what evidence is available and the willingness of witnesses, suspects, and victims to participate.
Victim interview: The detective will likely wish to speak with the victim first. Although an initial statement is taken by law enforcement, a follow up interview may be essential in order to get specific information. It is also likely that a victim may remember more details a few days after the incident.
A victim/survivor cannot be forced to speak with law enforcement or participate in an investigation. Depending upon the nature of the case, if a victim/survivor tells the detective they do not wish for the case to proceed, it may be closed without further action.
Collecting evidence: The detective may prioritize gathering evidence that could be lost or destroyed. This could include requesting surveillance footage or requests for evidence possessed by a third party. If a victim has not had a forensic exam, they will likely encourage them to do so. They could also request other evidence such as clothing or other personal items. If a victim has any evidence or communication on their phone, the detective may request to take it to the cyber crime lab.
If your phone needs to be taken to the cyber crime lab, the Family Justice Center may be able to provide you with a temporary phone. Ask your detective to connect you with an FJC advocate or call 574-234-6900.
Speaking with witnesses: If there were any witnesses or individuals with information, the detective may make contact with them.
Speaking with the suspect: The detective will most like attempt to make contact with the suspect. When this occurs depends upon a number of factors. You can ask your detective to make you aware of when they will be contacting the suspect.
It is important to know that the detective cannot require the suspect to speak with them. If the suspect refuses to be interviewed, the case can still progress without a statement from them.
-
Yes, you can have a support person with you when you talk to the police. If you would like a support person but do not know who to bring with you, you can call 574-289-HELP (4357) to have an advocate accompany you.
-
The timeline of investigation and prosecution can vary greatly, depending on a wide variety of factors. It is important to note that it is rarely fast. If an evidence kit was collected, it can take up to 6 months for the lab to test it and provide results.
This can be very frustrating for many survivors. An advocate can keep you updated and answer questions as your case progresses.
-
The person who assaulted you may or may not be arrested. This is dependent on evidence found during the investigation and whether or not a prosecutor files charges in the case. If charges are filed, it is likely that the offender will be arrested. However, in the majority of sexual assault cases, the suspect is not immediately arrested when a report is first made.
-
If the person who assaulted you is arrested, they will be processed in jail. If charges are filed, the defendant will appear in front of a judge for an arraignment. At the arraignment, the defendant will enter a plea of guilty or not guilty. At the arraignment, the judge will set a bond. If the defendant is not able to make the bond, they will remain in custody. The state may also request a no contact order. This order requires the defendant to stay a set distance from you and to not contact you for the duration of the order.
-
If an offender is charged, they will appear before a judge who will set a bond. If the offender is able to pay this bond, they will be released from jail. They may have pretrial release conditions placed upon them, such as GPS tracking or a no contact order, but this is not guaranteed. However, if they are unable to pay bail or are held without bail, they will not be able to get out of jail.
-
Item description
-
A trial may or may not happen in a criminal case. Often, an offender is offered a plea deal through the prosecutor’s office. If the offender and the judge accepts this plea deal, there will not be a trial. If they do not, then a trial will proceed. You may be asked to testify, and may receive a subpoena to appear in court. The prosecutor’s office should reach out to prepare you to testify.
-
In cases of sexual assault, the state will often request a no contact order for the duration of the criminal trial. This mandates that the offender not contact you or be near you.
However, a no contact order may not be enough to deter the offender from attempting to reach you or retaliate against you. It is important to develop a safety plan where the no contact order is only a piece of your overall plan. You can find tools to develop a safety plan online or reach out to a sexual assault advocate. An advocate at the Family Justice Center can assist you in safety planning and understanding your rights.
-
An advocate from the prosecutor’s office is a person tasked with keeping you informed about the criminal case and helping you understand the criminal justice system and process.
A Family Justice Center or SOS advocate can work collaboratively with your advocate in the prosecutor’s office, if you wish. The can also assist you in navigating the civil justice system and accessing community resources.
Family Justice Center/SOS Advocates are confidential, which means that anything you share with them cannot be shared with other individuals or agencies, including law enforcement and prosecution, without your explicit written consent.
-
No. You are a witness to the crime. When the defendant abused you, they violated the laws of the State of Indiana. The prosecutor represents the People of the State of Indiana and prosecutes the defendant for the crime committed.
You do have the right to consult with an attorney if you wish, but they will not be able to represent you as a victim in a criminal case.
Please note the information provided here is specific to the systems in St. Joseph County, Indiana. Different counties and states will have different processes.
-
The state of Indiana gives rights to victims of sexual assault, including the right to private communications with an advocate.
Information shared with advocates with SOS and the Family Justice Center is protected under state and federal law. That means that anything* you disclose to an SOS or FJC advocate cannot be shared with another agency or individual outside of FJC without your written consent. Advocates cannot be forced by a judge to speak or provide documentation of anything shared with them.
*Advocates are still mandated reports for abuse or neglect or a child or endangered adult, as well as serious threats to harm yourself or others.
-
An advocate is a person who is knowledgeable about community resources, the civil legal system, safety planning, and more. They can refer you to other community organizations that can help with barriers to safety such as food insecurity, housing insecurity, legal aid, court accompaniment, etc. They can also help you navigate the legal system and assist in the filing of protection orders.
-
You can receive therapy and join a support group at the Family Justice Center of St. Joseph County. To do this, you will need to become a client of the center. If the services at the center are not appropriate for you, we can refer you to service providers in the community. To become a client with the FJC, call 574-234-6900.
-
Deciding to get a protection order is a personal and complex choice. While a protective order can be a helpful tool to hold an offender accountable and maintain safety for a victim, it may also increase the danger that a victim faces. Because of this, it is important to consult a professional that can help you make an informed decision. If you are a victim of domestic violence, sexual assault, or stalking, you can contact an advocate at the Family Justice Center at 574-234-6900 for guidance and assistance.
-
Safety planning is developing a plan to keep you physically, mentally, and emotionally safe while navigating a crisis situation. It can help you overcome feelings of panic during a crisis by knowing exactly what steps to take to reach safety. A safety plan can include but is not limited to:
Making a bag with things you’ll need if you flee a dangerous situation
Deciding how you will exit each room of your home if need be
Informing neighbors, family, and friends of the situation
Varying your schedule and routines
Avoiding dangerous areas of the home
Identifying a safe place to stay