It is common to feel overwhelmed and confused about what to do after a sexual assault. One choice survivors make is whether or not to report the crime to the police. Understanding the process can help you make the right decision for yourself. Below you will learn about the steps involved in reporting, what to expect, and what to do if you need help working with law enforcement after a sexual assault.

Reporting a Sexual Assault to the Police

There are many ways survivors can make a police report about a sex crime, but three situations are the most common:

Calling 911

If you call 911, officers will respond to your location and take a report. They will likely talk to you about your options. This can include seeking medical care and evidence collection at an emergency room, providing contact information for a rape crisis center, and letting you know a detective will follow up.

In the Emergency Room

If you go to an emergency room to get medical care and evidence collected in a rape kit and have not yet made a police report, the hospital will notify law enforcement. An officer will arrive at the hospital and ask to speak with you about the crime. It is important to note that you are never required to talk to law enforcement. 

At the Police Station

You can go to a police station to make a report. It will need to be in the precinct where the assault occurred. Let the person working in reception know you would like to report a crime. You will then speak with an officer to make the report.

Interacting With the Officer 

Though these situations are different, the reporting process is mostly the same. The person taking your report is likely a patrol officer, sometimes called a “beat cop.” They respond to all types of crimes, so they may not have special training for working with sexual assault victims. Their job is to take down the basic facts of the crime, which will be passed on to a detective.  

Officers do not get to decide which reports of sexual assault they will take. Illinois law says that they have to document your case. If you try to make a report and an officer refuses to take it, you can ask to speak to another officer. You can also contact CAASE for legal assistance asserting your rights as a victim (see below).

Initial Questions When Reporting a Sexual Assult

To make a report, officers will need to gather information about the crime. Survivors can expect to be asked:

• Where did it happen?
• When did it happen?
• Do you know who assaulted you and what is your relationship with them?
• What did they do?

They may also ask more specific questions: 

• Was there alcohol or drugs involved? 
• Did the assailant use a weapon?

It may be difficult and painful to answer some of these questions but know that the officer is trying to gather information so that law enforcement can better investigate your case. When the officer finishes writing your report, they will give you a document with some basic facts, including the report number and a phone number for contacting the police department.

Detective Interview

Your case will be assigned to a detective for investigation. They will likely be trained to work on sex crimes and specialize in these cases. They will review your report and contact you to set up an interview. If they don’t within one month, you can reach out to law enforcement using the phone number and report number you received when you made the report. 

Your interview helps the detective investigate the crime and gather evidence. They will ask more detailed questions than when you reported, and they may request to record your conversation. You can say yes or no.

You should provide as much information to the detective as you can. You will be repeating information you already shared when you made the report, but that is okay! The patrol officer may not have told the detective about everything you said or what they saw at the scene. If you can share any of the following, it may be particularly helpful:

• Video – from door cameras, surveillance cameras, social media posts, etc
• People who could testify
  • Eyewitnesses – people who saw behavior or level of intoxication before the assault or witnessed the assault
  • Outcry witnesses – people you told about what happened 
    • DO NOT share therapists or diaries
• Text messages with the perpetrator, especially if they admit to harming you 
• Any form of admission
• Information about or photos of injuries
• Receipts – showing where you were or what you were doing

If you have questions after the interview, you can contact the detective. They can update you about the investigation status and if an arrest will be made.

Deciding to Report a Sexual Assault

Survivors may choose to report because they want to pursue accountability in the criminal justice system, potentially uncover a perpetrator’s pattern, or help prevent future assaults. No matter your reasons, you should report as soon as possible if you want to. Getting law enforcement involved quickly can help ensure valuable evidence is collected and bolster your case.

If you are hesitant to report, consider what’s holding you back. Self-blame, gaps in memory, anxiety about participating in a case, and distrust of law enforcement are common barriers.

Self-blame

Survivors of sex crimes often feel personally responsible for the harm they suffered. Even though this self-blame is misplaced, it can be powerful. Know that what happened was NOT your fault. You are not alone, and there are people and resources to help you. 

Gaps In Memory

Not being able to remember everything about the assault also makes victims hesitant to report it. The trauma of the event, alcohol, or drugs can make it difficult or impossible to recall all the details. But anything you can share with law enforcement is potentially useful to them. Police don’t need complete information to initiate an investigation and many crimes are prosecuted even when the victim doesn’t have perfect recall.

Participating In a Case

You may feel anxious about how involved you will need to be in a criminal case. In almost all situations, victims get to decide how they participate in the process. That means filing a report gives you more options, and you could decide you do not want to be involved at a later date. 

Distrust in Law Enforcement 

With few options for accountability, survivors who report should be able to count on a high-quality response from law enforcement. But, we know that isn’t always the case, and you may feel conflicted about working with police or uneasy about trusting them. That is entirely understandable. You can read about victims’ rights in Illinois that can help protect against mishandled cases.

Remember, reporting is a personal and sometimes complex decision. You will need to weigh the pros and cons for yourself. While police and prosecutors always have the ultimate power to decide to pursue an investigation or not, you have the power to decide to report or not.

Getting Free Legal Assistance

Survivors in Cook County may qualify for free legal services through CAASE. Our clients receive individualized legal advice, consultation, and representation following and related to sexual harm, with special attention paid to their victim’s rights within the criminal legal system. This can include assisting before you make a police report, explaining the process, getting law enforcement to respond to your case, and ensuring law enforcement has all the necessary information.

To learn more or schedule a consultation, please call Veronica at 773-244-2230, ext. 205 or email legal@caase.org. Even if CAASE can’t assist you, we will attempt to connect you to another attorney and support resources. 

NOTE: Our offices are closed due to concerns about our staff and clients’ health. We are working remotely, and email is the easiest way to contact our legal team. Please allow up to 72 hours for responses by email and phone.

CAASE published this piece on May 5, 2022. It was authored by Hayley Forrestal with input from Elizabeth Payne, who specializes in representing survivors of sexual harm in the criminal legal process. Learn more about our staff here.