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Five Tips for Reporting An Assault to Law Enforcement

February 15, 2022

Reporting your assault to law enforcement is a difficult decision.

Here are five tips to keep in mind before, during, and after a police interview.

  1. Ask for your identity and your address to remain private. Tell every officer with whom you come into contact that you do not want your name or address on any public documents or on any documents that go to the perpetrator. Almost every state has a process for this, but officers will not follow it unless you ask.
  2. Give only one recorded statement to the detective who will investigate your case. Anything you say to the police can be used against you in future criminal or civil cases. The most common way that survivors’ statements are used “against them” is when defense attorneys are able to point to “inconsistencies” in a survivor’s statements. In these cases, a survivor likely gave a statement to the responding officer, another statement to a police officer who comes to the hospital, and another statement to the detective. You can avoid this by giving a single recorded statement to the detective who will be investigating your case. Having the statement recorded removes the error associated with any misinterpretation or misquoting on the part of the receiving law enforcement officer. Also, making one statement eliminates the normal minor differences that happen whenever a story is retold.
  3. Be careful when asked about your own conduct. Even if you didn’t do anything wrong, remember that anything you say can be used to prosecute you or get you in trouble. Technically, you could be prosecuted for admitting to drinking, doing drugs and/or physically assaulting the perpetrator. Admitting to these actions could also get you in trouble with your school, university or work. You should consult with a lawyer if you have any concerns about questions the police ask but, in the meantime, it is better to politely decline to answer any question that would require an admission of  conduct that violates the law and/or rules of your school, university or workplace. The Fifth Amendment guarantees you the right to decline to answer any question about any illegal activity you may have engaged in. A note to parents and caregivers: the police interview is not the time to punish a minor for activities that may have coincided with the assault. The first priority must be to ensure your child has the support they need to heal.
  4. Remember that you have control. You are not required to speak to police at all and you have the right to choose what you say to the police, where you say it, and when you say it. Just because an officer tells you that you need to report to the station at a certain time does not mean that you need to. You have the right to leave the police station, you have the right to ask for breaks, and you have the right to seek whatever emotional support you need. While you will generally not be allowed to have a support person in the police interview room itself, you can always bring a friend or relative with you to the station. Have that person bring drinks and snacks and take regular breaks from the interview to be with your support person. If you do not have someone available, ask for a victim advocate to be with you. Being in control also means that you can ask to speak to a supervising officer if you feel your report is not being taken seriously.
  5. Finally, seek out as much support as you can get after the police interview and take good care of yourself. Retelling such a horrible story to a stranger is scary and triggering even under the best conditions. You can find support here or you can reach out to us directly.
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