Frequently Asked Questions
Understanding Sexual Assault
What is considered sexual assault?
Sexual assault refers to any unwanted sexual contact or behavior that occurs without clear, informed, and voluntary consent.
Read more: What is Sexual Assault?
Is coercion considered sexual assault?
Yes, coercion can be considered sexual assault. If someone is pressured, manipulated, or threatened into sexual activity against their will, it means they did not or could not give true consent—making the act non-consensual and abusive.
How do I know if what happened to me was sexual assault?
If you experienced any sexual activity that you didn’t freely agree to—whether through force, pressure, manipulation, or when you couldn’t consent—it may be considered sexual assault. Trusting your feelings is important, and you’re not alone in questioning what happened. Speaking with a trauma-informed attorney or counselor can help you find clarity and support.
Can I be sexually assaulted by someone I know?
Yes, sexual assault can happen in any type of relationship—including with someone you know, trust, or even love. Knowing the person doesn’t make the experience any less valid or serious. What matters most is whether you gave clear and willing consent.
What is the legal definition of consent?
Consent is a clear, voluntary, and informed agreement to engage in specific sexual activity. Legally, each state defines consent differently, but it often includes the requirement that it be given freely, without force, coercion, or manipulation—and by someone who has the capacity to consent.
Read more: What is Consent?
Can sexual assault happen without physical force?
Yes, sexual assault can occur without physical force. Coercion, manipulation, threats, or taking advantage of someone who is unable to consent—due to age, intoxication, or incapacitation—can all lead to non-consensual acts that are legally considered sexual assault.
After an Assault: What to Do Next
What should I do after being assaulted?
If you’ve been assaulted, know that what happened is not your fault. When you feel ready, consider seeking medical care as soon as possible. A SANE exam is typically recommended within the first 24 to 48 hours because it can document injuries, provide medical care, and preserve evidence if you choose to use it later.
You are not required to report the assault in order to receive care. In many locations, rape kits can be completed under a Doe or anonymous name so you can decide later whether you want to involve law enforcement. You can also reach out to a trusted advocate, counselor, or attorney who is experienced in trauma-informed support. Their guidance can help you understand your medical, emotional, and legal options without pressure and at your own pace.
Do I have to report the assault to the police?
No, you are not required to report the assault to the police. Reporting is a deeply personal choice, and it’s okay to take time to decide what feels right for you. Some survivors choose to report right away, while others may never do so—and both paths are valid.
Can I take legal action even if I don’t remember everything clearly?
Yes, you can still take legal action even if your memory of the assault isn’t complete. Trauma can affect how memories are processed, and it’s common for details to feel unclear or fragmented. A trauma-informed attorney can help you build your case using all available evidence, not just your recollection.
Is there a time limit to report sexual assault?
Yes, there are time limits—called statutes of limitations—for reporting or filing a lawsuit for sexual assault, and they vary by state and case type (criminal vs. civil). Some states have extended or eliminated these limits, especially for cases involving minors. Speaking with a knowledgeable attorney can help you understand the deadlines that apply to your situation.
Read More: RAINN
What is the statute of limitations for sexual assault?
The statute of limitations for sexual assault depends on the laws of each state and the type of case—criminal or civil. Some states have no time limit for prosecuting certain forms of sexual assault, especially those involving minors or where DNA evidence is present. It’s important to consult with a legal professional to understand the time limits that may apply to your specific situation.
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What is a sexual assault forensic exam (rape kit)?
A sexual assault forensic exam, often called a rape kit, is a medical exam that collects evidence after a sexual assault. It may include physical exams, DNA swabs, and documentation of injuries. The exam is done by a trained professional and can be an important step if you choose to report the assault—but it’s entirely your choice whether to undergo one.
Can I still report the assault if I’ve already taken a shower or cleaned up?
Yes, you can still report the assault even if you’ve showered or cleaned up. While some physical evidence may be harder to collect, other forms of evidence—like statements, injuries, or witness accounts—can still support your case. You deserve to be heard, no matter what steps you’ve taken afterward.
What are my rights as a survivor?
As a survivor, you have the right to be treated with dignity, respect, and compassion. You may also have legal rights, including the ability to seek protection, access support services, pursue a civil lawsuit, or participate in a criminal investigation. Your choices should be honored, and you’re entitled to make informed decisions about what happens next.
Read more: What Rights Do Sexual Assault Victims Have?
Legal Process & Lawyer Questions
What is the legal process for a sexual assault lawsuit?
The legal process for a sexual assault lawsuit typically begins with filing a civil complaint against the perpetrator or an institution. From there, both sides gather evidence (called discovery), may attempt settlement, and—if unresolved—the case may go to trial.
Read more: Legal Steps in a Sexual Abuse Lawsuit: What You Need to Know
What can I expect when speaking with a sexual assault lawyer for the first time?
In your first conversation with a sexual assault lawyer, you’ll be met with compassion and a chance to share your story at your own pace. The attorney will explain your legal options, answer your questions, and help you understand what next steps might look like—all without any pressure to commit.
Read more: What to Expect When Speaking with a Sexual Assault Lawyer
Will my identity be kept confidential during the legal process?
Yes, there are legal protections in place to help keep your identity confidential, especially in civil sexual assault cases. While court proceedings are generally public, attorneys can request protective orders or file under pseudonyms to safeguard your privacy. Your lawyer will work with you to ensure your comfort and confidentiality throughout the process.
What should I look for in a sexual assault lawyer?
Look for a sexual assault lawyer who is experienced, trauma-informed, and genuinely committed to supporting survivors. Compassion, clear communication, and a willingness to prioritize your needs are essential. You should feel heard, respected, and empowered from your very first conversation.
Do I have to testify in court if I file a lawsuit?
Most sexual assault cases never go to trial, so many survivors never have to testify in a courtroom. In some cases, you may need to give testimony during a deposition, but this is not done in a courtroom and is usually held in a private, controlled setting.
A trauma informed lawyer will request protections that help make the process as comfortable as possible, such as limiting who can be present, allowing breaks whenever needed, or adjusting how questions are asked. Your attorney’s priority is your safety and wellbeing while guiding you through each step with care and clarity.
What are the differences between civil and criminal sexual assault cases?
Criminal cases are brought by the state to hold someone accountable for breaking the law, and they can result in jail time or other penalties. Civil cases, on the other hand, are brought by the survivor to seek compensation for harm suffered. You can pursue a civil case even if there’s no criminal conviction, and both can sometimes happen at the same time.
Healing & Emotional Support
How do I begin healing after sexual assault?
Healing after sexual assault is a personal journey, and there’s no “right” way to begin. Many survivors find support through trauma therapy, support groups, or trusted loved ones. Taking even small steps toward self-care, safety, and emotional support can be powerful acts of reclaiming your life.
Read more: How to Begin Healing After Sexual Assault
What are common emotional reactions after sexual assault?
Common emotional reactions after sexual assault can include shock, fear, anger, guilt, shame, or numbness. Some survivors may also experience anxiety, depression, or trouble sleeping. These reactions are valid and normal responses to trauma—you’re not alone, and support is available.
What support services are available to me?
Support services for survivors often include crisis hotlines, support advocates, counseling, medical care, legal advocacy, and support groups. Many communities have local sexual assault crisis centers, and national organizations like RAINN offer confidential, 24/7 assistance. A trauma-informed attorney can also help connect you with trusted resources.
Read more: Resources
Can I still get help if the assault happened years ago?
Yes, help is available no matter how long ago the assault happened. Many survivors don’t come forward right away, and that’s okay—your experience is still valid. Support services, therapy, and legal options may still be accessible, depending on your needs and your state’s laws.
How can I support a friend or loved one who was assaulted?
Start by listening without judgment and letting them know you believe them. Avoid pushing them to take any specific action—instead, offer support on their terms. Encourage them to seek professional help if they’re open to it, and remind them that healing is possible, and they don’t have to go through it alone.
Can therapy or counseling really help after an assault?
Yes, therapy or counseling can be incredibly helpful after an assault. Working with a trauma-informed professional can give survivors a safe space to process what happened, manage emotional responses, and begin healing at their own pace. Many find that it’s an important step toward reclaiming control and rebuilding trust in themselves.
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