Legal or Reporting Options
Page Contents
Your Right to an Advocate | Criminal Legal Options | Pressing Charges | Reporting Only | Third Party Reporting | Criminal Court System | No Contact Orders | Lawsuits | University of Iowa Policy
Your Right to an Advocate
You have a legal right to have an advocate with you during each part of the legal process. An advocate can be reached by calling the Rape Crisis Line at 319.335.6000 or by telling law enforcement or the attorney that you would like an advocate.
What does an advocate do?
An advocate can help throughout the legal process by:
- Explaining options and choices concerning law enforcement reporting.
- Should the decision to report be made, an advocate can remain an understanding and knowledgeable support person by your side throughout the legal process.
- Talk with you about the impact the legal process may have on you and the emotions that typically arise.
- Assist family members or friends who may accompany you in understanding the legal process and how they can best support you.
- Assist you in accessing other support services through RVAP or other agencies.
Criminal Legal Options
You may be thinking of reporting the assault to law enforcement. In Johnson County, and in many other jurisdictions, you can tell a law enforcement officer about what happened to you without making an immediate decision about whether you want criminal charges filed. You may not have a choice about charges being filed in cases of domestic abuse or child abuse. You can talk with law enforcement about an assault even if it happened some time ago. An advocate from the RVAP can go with you to the law enforcement office and stay with you during your interview with the officer.
Pressing Charges
When reporting and pressing charges (intent to move towards prosecution), you will be asked to make a written statement and also to tell the detective about what happened. The detective will ask clarifying questions. The detective will ask for people who could be witnesses. (“Witness” does not mean they had to have seen the assault; it can be someone you told about the assault, people who know or live with the perpetrator, anyone nearby at the time, etc.)
You will be asked to provide as much detail as possible to help assure the best possible outcome in the criminal case. It is generally better for law enforcement and the county attorney to have as much information as possible, even if it includes details that may seem “incriminating” to you (i.e. you had been drinking, you said ok to some level of sex). It is easier for the detective and county attorney to deal with these issues up front in the criminal case than it is for them to hear it for the first time from the defense attorney at trial. There could be many reasons for not wanting to give all of the information about the assault: you might not remember, you might not feel safe, etc. An advocate can support you as you provide as much information as you can in regards to the assault. The detective or officer might want to drive out to the scene of the crime with you; the advocate can go with you.
The detective will probably talk with the perpetrator and any other witnesses. An arrest may be made at this time based on the evidence gathered.
Reporting Only
You might want law enforcement to know about the assault but not want to have charges brought against the assailant. There are two ways to do this: you can tell the detective yourself, or you can have RVAP staff make a third-party report.
If you want to make a report yourself, you can do so, by phone or in person, but usually the detective will encourage you to come in to the station and fill out a written report. You can tell the detective as much or as little as you want, but it is best for you to be as forthcoming as possible.
You can talk with the detective, make a statement, and report what happened. If you do not choose to press charges, this information will just go on file and law enforcement won’t do anything else.
Third Party Reporting
The third-party report is the “bottom level” of reporting, because law enforcement do not act on information from a third-party report. You give the information to the RVAP, and then RVAP staff passes it on to law enforcement. It may be kept as “intelligence” info, and could possibly help in an investigation of another assault by the same perpetrator. You can include as much or as little as you want in the report.
Criminal Court System
The criminal legal system often seems confusing and frightening to survivors. As you begin to decide how to proceed, it is important that you have an idea of what it means for you to press charges. An advocate can help explain the process. You may also follow this link for a flow chart of the criminal court system when someone is arrested for sexual assault: Sexual Assault Criminal Process (PDF document).
Civil Legal Options
No Contact Orders
If you were or are living with or involved in an intimate relationship with the perpetrator, you could petition for a Chapter 236 Restraining Order. This order can be obtained without the aid of an attorney, though using one is also permitted. An advocate can accompany you when you petition for the order and during the court process.
Lawsuits
Lawsuits are another civil option for some survivors. This is an option in cases where there is a “deep pocket” or other victims/survivors are willing to join in for a class action suit. For more information on this topic, follow the link to the Civil Lawsuits page.
University of Iowa Policy
Anti-Violence Policy at the University of Iowa
Anti-Retaliation Policy at the University of Iowa
Sexual Assault Policy and Programs
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