@Arella Mae,
Quote:Following a rape or attempted sexual assault, the survivor is left in a state of crisis. Decisions are hard to make during this time, but the survivor needs to make some decisions which will affect possible prosecution. Survivors have the right to decide whether or not to report the assault to the police. However, if a survivor goes to the hospital, the medical staff are required to report the assault. Survivors need to understand that REPORTING IS DIFFERENT THAN PROSECUTING. However, once a rape is reported, it becomes a crime against the state, and the survivor becomes a witness for the prosecution who may be subpoenaed at anytime. In most cases the prosecutor will not pursue a case against the wishes of the survivor. There is no right or wrong answer to the question of reporting. It is a difficult decision to make, and NO survivor should be forced to report or made to feel guilty or responsible for not reporting. Looking at the pros and cons of reporting may help survivors reach a decision.
Why some survivors have stated that they report:
•to hold the perpetrator accountable for the assault
•to help keep others safe by possibly prosecuting an offender
•to get revenge or to see that justice is served
•so that other survivors might gain support and report their own victimizations
•to prove to "doubters" that there really was an assault
•so that they would be eligible for state monies (see "Compensation for Victims of Crime)
Why some survivors have chosen NOT to report:
•fear of the assailant
•fear of retaliation by the assailant's family
•lack of confidence in the criminal justice system
•fear of being blamed by others
•wanting to forget the incident
•fear of family, friends', co-workers' reactions
•fear of loss of privacy
http://www.erie-county-ohio.net/victim/legal_issues.shtml
well known reasons for not reporting which were left out are
guilt for behaviour before the rape
guilt for not judging the man capable of rape
cant remember events very well because of all of the drinking
guilt for not fighting back
guilt for not being more clear earlier that sex was not wanted
deciding that there is no upside to getting involved in the criminal jusutice system
enjoying some parts of the rape experience
dont want to see the man hurt, or dont want to see him hurt as much as current rape law prosecution will likely hurt him
dont think the rape is a big deal or dont think that the rape was a criminal offense
the cost/benefit analysis for reporting is no where near as cut and dried or one sided as you make it out to be...When visiting the rape industry store or the hospital removes control from the victim through mandatory reporting laws the victim is run over again, because one the event is reported the victim will be hounded to participate in the criminal system, the victim is denied control over their own life, which is the very thing that the rapist also took from them.....