Seek a medical exam, report the crime, and file a claim: These are the key steps to take when you’ve been a victim of sexual assault. As sexual assault attorneys in Missouri, we understand the enormity of these incidents and how to navigate the aftermath with the care and sensitivity you deserve. We’ve created this guide to help you understand your rights following a sexual assault or abuse and make informed decisions about the legal options available to you.
What Are Sexual Assault Victims’ Rights in Missouri?
The Missouri state constitution guarantees victims of sexual offenses and other dangerous felonies specific rights, including being present at proceedings, staying informed, and pursuing restitution.
On top of general victims’ rights, Missouri law gives sexual assault or abuse survivors the right to:
- Advocacy: You may seek assistance and advocacy through a rape crisis center or similar resource.
- Medical Examination: You are entitled to a sexual assault forensic examination, plus a shower and change of clothes after the evaluation, at no cost.
- Appropriate Providers: You may choose the gender of the law enforcement officer or medical examiner providing your services. You may also request an interpreter to aid communication.
- Optional Evidence Collection: You may choose whether the forensic examination is reported to law enforcement, submitted anonymously, or collected and stored without testing.
- Protective Order: You may obtain a protective order signed by a judge to stop an abuser from intimidating or otherwise harassing you.
- Case Information: You may obtain copies of the police reports regarding your case.
- Legal Action and Compensation: You may access financial assistance for mental health-related services following a sexual assault in Missouri, and you may also seek compensation through civil litigation.
Steps After a Sexual Assault: Safeguard Your Rights
Without advocates helping you decide what to do when you’re a victim of a sexual assault, the aftermath can be an overwhelming and isolating experience. To get you started, we’ve outlined some practical next steps following a sexual battery, assault, or rape.
Seek Medical Attention
Receiving trauma-informed medical assistance after a sexual assault can protect you from further physical harm and help you address mental impacts. A forensic medical exam also assists with the investigation and connects you to resources for your harm.
If you’re seen within five days of the assault, the exam will be provided at no charge, regardless of your intentions to report the incident. The Missouri Department of Public Safety still recommends that anyone who has been waiting past five days seek medical attention. Health insurance or financial assistance may be available to cover exam costs.
Contact Law Enforcement
A survivor of a sexual assault always has the right to choose whether to report the crime. Reporting the assault soon, when evidence is undisturbed, can aid the investigation. Eligibility for the Missouri Crime Victims’ Compensation Program requires victims to report the assault to the proper authorities. If you decide not to file a report immediately, you can still choose to report at a later time.
Speak to an Attorney
Even if you’re already working with the police, you may benefit from the knowledge and assistance of an experienced sexual assault lawyer. As some of Missouri’s leading civil litigation attorneys—and named Law Firm of the Year by AWL—our firm understands how to protect victims’ legal rights and pursue meaningful recovery. We pride ourselves on being trusted advocates who understand the challenges you’re facing and can help with:
- Weighing the benefits of criminal and civil legal action to find the best path forward
- Collecting evidence beyond the forensic exam, including witness statements and medical records
- Obtaining expert witnesses to opine on your trauma and validate your experience
- Calculating current and future damages beyond financial repercussions, including emotional pain and suffering
- Obtaining financial aid or accommodations for counseling services
Legal Options for Missouri Sexual Assault Victims
A criminal and civil case against a sexual assailant will result in different outcomes, which often determine the best course of action for victims. Our sexual abuse attorneys can walk you through what each involves under Missouri law, and offer guidance as to whether criminal charges, civil litigation, or both may be essential to your recovery.
Criminal Charges
Sexual contact without consent is a felony in Missouri. Pressing charges against your assailant can punish the offender and help protect society. Outcomes of a successful trial may include incarceration, fines, or probation. While criminal charges are good options to penalize an assailant, they will not compensate victims financially.
Civil Lawsuits
A civil case is one way for a sexual assault victim to seek restitution from an alleged abuser. You may pursue a civil lawsuit regardless of whether the person was convicted of related criminal charges or if the case is ongoing. Compensation may encompass both financial and emotional losses resulting from the assault.
Unlike a criminal case, where you have little say in your involvement, civil litigation allows you to choose a law firm. Partnering with an attorney experienced in litigating sexual crimes may be key to getting your questions answered and evaluating your claim. Your trial lawyer will prepare your case for court and negotiate on your behalf, allowing you to focus on healing.
Missouri Statute of Limitations for Sexual Assault Cases
For many victims, it can take months or years to gain the courage to speak up against an assailant, which means the statute of limitations, or legal filing deadline, may come into play. Consider consulting with an attorney to understand whether and how the statute of limitations applies to your situation.
If you don’t know what to do when you’re a victim of sexual assault, we’re here to help. Contact the attorneys at DBJ Law to discuss your case and explore your legal options so you get the compensation you deserve.