Sexual Assault Awareness Month: Understanding the unique challenges of sexual assault cases
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Most prosecutors would agree that sex crimes cases are among the most difficult criminal cases to prove at trial. They are difficult for a variety of reasons: extremely sensitive subject matter, victims who are terribly traumatized, and juries who tend to be skeptical of the allegations. My article is in honor of Sexual Assault Awareness Month and will explain what makes these cases so difficult for prosecutors as I dispel some common misconceptions of sexual assault cases.
MYTH 1: Sexual assault victims disclose the incident immediately.
Most sex crime cases are what prosecutors call “delayed report” cases. The delay can be hours, days, weeks or even years. Factors such as the age of the victim, processing the shock of the crime, guilt or shame associated with victimization can contribute to the delay. Additionally, self-protection in not wanting to relive the experience can be a huge reason for delay. Survivors may also fear not being believed by law enforcement or friends and family. For child victims, they sometimes lack the ability to recognize or articulate abuse. For prosecutors, this translates to a more challenging case to prosecute.
MYTH 2: Prosecutors will have evidence other than testimony in sexual assault cases.
Delayed reporting may have significant implications for the prosecution of sex crime cases. It means that almost all child molest cases and a substantial number of rape cases do not have forensic scientific evidence (unlike what you see on TV). Typically, there will be no scientific evidence, such as DNA evidence. Unlike other crimes, nearly all sex crimes occur in a private setting. There will likely be no other eyewitnesses, no video surveillance and no corroborative evidence to present to the jury. Perpetrators have the advantage because, despite Indiana law allowing a conviction based on credible testimony from a single eyewitness alone, defendants can attack this type of evidence, characterizing it as simply “he said, she said” allegations. There is a tremendous amount of pressure for a sex crime victim to know that the outcome of the case often rests on their credibility, and victims feel that pressure regardless of their age.
MYTH 3: Sexual assault victims display extreme emotional reactions when relaying the incident, whether it is to law enforcement or while testifying at trial.
How is a sex crime victim supposed to act? Do they have to cry to be credible? If they are stoic, does it mean they are lying? Is a victim’s demeanor different based on who the listener is, the age of the victim or the quality of the questioning? What if the victim is inconsistent?
We should all be aware of the fact that people react differently to traumatic events. Sexual assault victims may appear stoic, have a flat affect or might even display strength when recounting the incident. Law enforcement and prosecutors are accustomed to encountering traumatized individuals who show a variety of emotive reactions. It’s also not unusual in that most sexual assault victims typically know, love or trust the perpetrator prior to the incident. Yes, there are cases where perpetrators are strangers to the victim, but in most sexual assault cases, the perpetrator knows the victim and has some kind of access to them. According to RAINN (Rape, Abuse & Incest National Network), 8 out of 10 rapes are committed by someone known to the victim. Additionally, of sexual abuse cases reported to law enforcement, 93 percent of child victims knew the perpetrator. Therefore, in known perpetrator cases, there is an additional layer of emotion beyond the incident itself.
Understanding why these cases can be so difficult to prosecute is important. Every case is different and every sexual assault victim has overcome many hurdles before law enforcement even becomes aware of an incident. By dispelling common myths, we all as a community can be more supportive of survivors. April is Sexual Assault Awareness Month. If you or someone you know needs to report a sexual assault, please contact 911 or local law enforcement.
Tami Napier is Chief Deputy Prosecutor in Marshall County, Indiana, and has been a deputy prosecutor for many years. She has been a faculty instructor with the Indiana Prosecuting Attorneys Council (IPAC) for years presenting on a variety of litigation-related topics.