Sex Abuse Litigation

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Sexual assault: what it is and what to do

Updated

Sexual assault is any sexual contact or behavior that happens without clear, freely given consent. It includes rape, attempted rape, unwanted touching, and sexual contact with someone who can't consent because they're asleep, intoxicated, underage or being threatened. If it happened to you, it is not your fault, and you have options: medical care, confidential support, reporting to police, reporting to an institution, and civil legal action.

If you are in danger right now

Call 911. For free, confidential support any time, call the RAINN National Sexual Assault Hotline at 800-656-4673 or chat at rainn.org.

What counts as sexual assault

Exact legal definitions vary by state and country, but sexual assault generally covers:

Consent has to be clear, ongoing and freely given. Silence, a past relationship, or not fighting back is not consent.

What to do after a sexual assault

  1. Get to a safe place. Call 911 if you're hurt or in danger, or reach out to someone you trust.
  2. Consider medical care. A hospital can treat injuries, offer emergency contraception and medicine to prevent HIV and other infections, and perform a forensic exam (often called a "rape kit") with a specially trained nurse. Evidence is usually best collected within about 72 to 120 hours, but you can get care at any time.
  3. The exam is free and doesn't require a police report. Under federal law, states must provide forensic exams at no cost, and you can choose later whether to involve police.
  4. Preserve evidence if you can. If possible, avoid showering or changing clothes before an exam, and keep texts, messages, photos and anything else that shows what happened or how the person contacted you.
  5. Write down what you remember when you're ready: dates, places, people present, and anyone you told afterward.
  6. Get support. RAINN (800-656-4673) can connect you to a local rape crisis center, which can send an advocate to the hospital, police station or court with you.

Your reporting options

Civil lawsuits: holding institutions accountable

Separate from any criminal case, survivors can sue the person who assaulted them and, often, the institution that enabled it, for example by hiring someone with known complaints, ignoring warnings or covering up abuse. These suits have produced some of the largest settlements in American legal history: USC, Michigan State and USA Gymnastics, Catholic dioceses, the Boy Scouts and Los Angeles County. Many states have opened "lookback windows" that let survivors file claims that were once too old. Deadlines vary widely, so if you're considering a lawsuit, talk to a lawyer soon. See how to find a lawyer.

Frequently asked questions

What is sexual assault?

Sexual assault is any sexual contact or behavior without clear, freely given consent, including rape, attempted rape, unwanted touching, and sexual contact with someone who cannot consent because of age, intoxication, unconsciousness or threats.

Do I have to report to the police to get a rape kit?

No. In the United States, states must provide sexual assault forensic exams free of charge, and you do not have to report to law enforcement to get one.

How long after a sexual assault can evidence be collected?

Forensic evidence is usually best collected within about 72 to 120 hours, but you can seek medical care and support at any time.

Can I sue an employer or school for a sexual assault?

Often, yes. Institutions can be held liable when they ignored complaints, failed to supervise, or covered up abuse. Deadlines vary by state, so speak to a lawyer promptly.

Who can I talk to confidentially?

The RAINN National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673.

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