What Victims Need to Know

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In addition to providing information for victims of sexual violence and stalking, this section includes information on human trafficking and dating violence, as these crimes can involve sexual violence and stalking. Each of these types of violence is explained below:

  • Sexual violence is sexual activity without a person’s freely given consent. It doesn’t matter where you were, the time of day, what you were wearing or if you were drinking or using drugs—no one has the right to sexually violate another human being. Sexual violence encompasses a range of offenses, including completed and attempted sexual penetration (and being made to penetrate), abusive sexual contact (e.g., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism and verbal sexual harassment). All forms involve victims who do not consent or are unable to consent. Perpetrators are often someone known to the victim.
  • Stalking can generally be defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking is serious, often violent, and can escalate over time. A stalker might: follow you and show up wherever you are; send unwanted gifts, cards, letters, texts, phone messages or emails; damage your property; monitor your phone calls or computer use; use technology to track where you go; threaten to hurt you, your family, friends or pets; find out about you by using public records or online search services, hiring investigators, going through your garbage, or contacting friends, family, neighbors or co-workers; post information/images or spread rumors about you on the internet or social media sites, in a public place or by word of mouth; and engage in other actions that control, track or frighten you. (Drawn from Stalking Resource Center, 2012)
  • Dating violence is controlling, abusive and aggressive behavior against a person on a date or who is a dating partner. It may include physical, sexual and emotional abuse. (Dating Violence Resource Center; National Center for Victims of Crime, 2012)
  • Human trafficking is a crime involving the use of force, fraud or coercion to obtain labor or commercial sex acts. If persons younger than 18 are made to perform a commercial sex act, it is a crime regardless of whether there is any force, fraud or coercion. Human traffickers lure and ensnare people into forced labor and commercial sex acts by exploiting their vulnerabilities. (Drawn mainly from Polaris, 2018)

Help is Available

If you are a victim of these types of violence, you need to know that the violence you experienced was not your fault. Although you may not feel it at this time, you are not alone. Help and support are available.

Experiencing any form of violence can be traumatic. Multiple victimizations can further the trauma. To heal, it is important to address your emotional and behavioral reactions to victimization, in addition to any physical injuries or health conditions resulting from the violence. If you are experiencing ongoing violence, you may need assistance in reclaiming your life.

You are encouraged to utilize the free and confidential support services offered by victim advocates at your local/regional rape crisis center. See below. Call 800-656-HOPE or go to West Virginia Rape Crisis Centers to locate the center closest to you and obtain contact information.

For situations involving suspected sexual abuse of children and vulnerable adults, report by calling the West Virginia Department of Health and Human Resources‘ 24-hour Centralized Intake Hotline for Abuse and Neglect at 800-352-6513. (See mandatory reporting laws in WV Related Legislation.) Adolescents who are being sexually abused can also contact the 24-hour National Child Abuse Hotline for assistance and referral at 800-422-4453.

Local Support

(Adapted in part from Office for Victims of Crime, Training and Technical Assistance Center, 2007)

Victim support and advocacy services may be useful to you at many stages, from immediately after the violence occurs to days, weeks, months or years later. A victim advocate from a local rape crisis center can provide victims of sexual violence, stalking, dating violence or human trafficking with free and confidential information, referrals and emotional support via the center hotline. 24-hour hotline services include but are not limited to:

  • Listening and helping you identify any immediate concerns
  • Offering information—on issues such as safety options, medical care, preserving evidence, reporting options, the sexual assault forensic medical exam, risk of pregnancy and sexually transmitted diseases (STDs), including HIV, trauma reactions, etc.—to help you make informed decisions related to addressing your needs and concerns
  • Supporting you in your decisions

Beyond hotline services, an advocate can accompany sexual assault victims during medical forensic care; accompany victims of sexual violence and stalking through criminal justice proceedings; connect them to additional rape crisis center services, including support groups and supportive resources for themselves, friends and family members; and make referrals to community resources to address ongoing needs. Connect with your local rape crisis center for more on specific services offered to victims of different types of violence.

How to Support Victims

Sexual violence, stalking, dating violence and human trafficking affects not only the victim, but also their family and friends. Family members and friends often struggle to help their loved one deal with the effects of the violence, due in part to their own struggles with what occurred. It is critical for victims that the people they talk to about their experiences of violence:

  • Show that they believe them
  • Provide comfort and support
  • Listen without judging and try not to interrupt or ask a lot of questions
  • Let them make the decisions and be supportive of those decisions
  • Without the victim’s permission, do not tell others what happened
  • Remind them that it was not their fault
  • Let them know that whatever they did to prevent further harm was the right thing to do
  • Encourage them to talk about their victimization with an advocate, mental health professional or someone they trust
  • Remember that healing takes time—be patient and supportive for as long as it takes

Safety Planning

Safety planning is a thoughtful, deliberate process in which an advocate (or other professional or support person) and a victim create a plan to enhance safety for the victim. Each individual’s circumstances, safety needs and concerns are unique. Rape crisis center advocates are trained to assist with safety planning.

Along with considerations for physical safety, it is important to evaluate the emotional and behavioral impact of experiencing the violence. Victimization can cause a range of emotional and behavioral consequences—for some individuals, that might include engaging in self-harm. Optimally, safety planning looks at options for enhancing physical safety and emotional wellbeing. (See below for more on the emotional impact.)

Your feelings of security, control and wellbeing after experiencing violence can be enhanced when you identify your specific safety concerns, and then plan how to reduce your risk of further physical harm and increase your sense of emotional safety. For example, if you are afraid of running into an abusive former dating partner, it would be useful to consider all scenarios where such interactions might occur and then plan on how to approach each one in a way that maximizes your physical safety and minimizes your emotional trauma.

An increased sense of safety can contribute to healthy day-to-day functioning as well as eventual healing from the effects of violence. Recognizing that your situation and concerns may change over time, planning for safety often needs to be ongoing rather than a one-time event.

If you feel that you are in imminent danger:

  • Call 911. Never feel embarrassed or hesitant to call for help.
  • If you are in your vehicle, drive to the nearest police station. Tell them of your immediate or pending safety concerns for yourself or your family.

If you feel unsafe and are not in imminent danger:

  • Talk with an advocate to develop a plan of action to address your immediate safety needs. The basic plan can identify:
    • Specific steps you can take to address your safety concerns
    • Supportive persons who can help with safety and their roles in the process
    • Specific safety strategies that may prove difficult to achieve and accommodations needed to reduce or eliminate these barriers
    • Any essential items you may need if you have to flee your current location
    • Referrals to community resources to meet any urgent needs.
  • If needed, implement and discuss the safety plan until you feel comfortable with it. Every individual and circumstance are different. Some victims feel safer remaining in their own homes after experiencing violence. Others feel safer if they change locks or have a friend stay with them. Still others feel best relocating. Some victims may be homeless and need safe housing. Victims who are students may want to change their dorms or class schedules. Victims assaulted by strangers may want security devices. Those who live with their perpetrators may need a plan to escape them or survive threats to their safety. Only you can identify what will help you feel safer.

Related resources:

Protective Orders

One option to enhance safety is to seek a protective order that orders a perpetrator to stay away from a victim. In West Virginia, a victim of sexual and domestic violence and stalking can request a protective order through their county magistrate court—a Personal Safety Order (PSO) for victims in non-domestic relationships or a Domestic Violence Protective Order (DVPO).

  • These are civil remedies; there is no obligation to file a criminal report (although a mandatory reporting situation may involve a report to law enforcement and DHHR).
  • The petition for a protective order may be filed by any person for themselves, or by a parent, guardian or custodian on behalf of a minor child or incapacitated adult. The petition will need to explain exactly what the perpetrator has done to make the victim afraid.
  • Upon filing the petition, if a magistrate finds reasonable cause to believe the offender committed the offense in question, then a temporary order can be issued.
  • Under a PSO, the magistrate can order the offender to “stay away” from the victim’s home, work and school; refrain from contact; not interfere with the victim and, if the victim is a minor, any siblings or minors in the home. Under a DVPO, additional remedies can include temporary custody, possession of the residence and/or financial support.
  • Filing fees may be waived.

Health Effects and Needs

Mental Health

A rape crisis center advocate can help you understand how the violence you experienced or are experiencing can cause traumatic reactions. It is critical to address your related mental health needs following victimization, just as you would address any physical injuries. An advocate can aid you in identifying your needs related to healing from trauma and creating a plan to address them, as well as provide referrals to counseling.

Reactions in the Aftermath of Violence

It is common for victims to experience a range of emotional and behavioral reactions in the aftermath of sexual assault and other related violence. Immediately after a sexual assault, for example, victims may feel numb, afraid, confused, shame, distrust, upset, calm and/or not want to talk or think about it. Later, they may feel helpless, sad, depressed, angry, suspicious of others, irritable, apathetic, isolated, vulnerable, nervous and/or have difficulty with intimacy. Some victims may wonder if they are going crazy because of their feelings and behaviors. They may experience extreme changes in mood, thinking that they have lost control. Victims may ask “Why me?” or “What did I do to cause this to happen?” It is as important that they are reassured that they were victims of a violent crime that was not their fault and that the responsibility for the assault lies with the perpetrator.

There is no “right way” to feel or act after being sexually assaulted. No two people react in exactly the same way. For example, emotions may be frequent and strong for one person, and less intense for another. Some victims may briefly experience a period of intense emotions after the assault. Others may appear to have healed emotionally, only to have the feelings return at a later time.

How Does Trauma Affect Victims?

A wide variety of thoughts, feelings and behaviors are common reactions to traumatic events. A traumatic event is one in which an individual is exposed to an actual or perceived threat to life or safety—experiencing or being threatened with sexual or physical violence clearly constitutes a trauma (Lash, 2017). Some victims—such as those who are stalked by their perpetrators, sex trafficked, or are in intimate partner or dating relationships with their perpetrators or are otherwise unable to escape an abusive situation—may experience multiple and ongoing trauma.

In the past, understanding about trauma from sexual and physical violence was based on accounts of individuals’ subjective reactions to it and related psychological research. Neuroscience research is now helping us better comprehend the changes in the brain that can occur at the time of a traumatic incident and in its aftermath. At its most basic, this scientific field of study explains how the human mind and body respond to threats to life/safety at an instinctive level, with survival as the goal (Lash, 2017). At the same time, the research validates that trauma and victims’ reactions to trauma remain a fundamentally subjective event, due to the unique “hard wiring” of individuals’ brains and the impact of their learning and life experiences (Paragraph adapted from Wilson, Lonsway & Archambault, 2016).

The following are examples of factors that may influence a person’s reactions to a traumatic event (Santa Barbara Graduate Institute et al.): the severity and frequency of the event; personal history (of previous trauma and adverse experiences, having a disability and type of disability, having been in a relationship with their perpetrator, etc.); individual coping skills, values and beliefs; and the level of support received from family, friends and/or professionals.

Traumatic reactions a person might experience may include physical, emotional, behavioral and cognitive symptoms such as (Santa Barbara Graduate Institute et al.):

  • Changes in eating patterns, sleep disturbances, sexual dysfunction, low energy and chronic and unexplained pain
  • Depression, spontaneous crying, feelings of despair and hopelessness, anxiety and panic attacks, fearfulness, compulsive and obsessive behaviors and feelings of being out of control, irritable, angry and resentful; emotional numbness and withdrawal from normal routine and relationships
  • Memory lapses or confusion, difficulty in making decisions, decreased ability to concentrate, hyperactivity and impulsivity

Victims may also have additional symptoms of emotional trauma—such as re-experiencing the trauma and significant/ongoing/prolonged emotional numbing and avoidance (Santa Barbara Graduate Institute et al.). These symptoms may be indicators of post-traumatic stress disorder (PTSD). Experiencing a trauma such as sexual violence can result in lasting negative effects in victims’ lives, particularly if left untreated.

Here are a few resources on the science of trauma:

Medical Health

You are encouraged to seek medical care as soon as possible after experiencing any form of physical or sexual violence. While some physical injuries may be obvious, others may be less visible or not visible to you because they are internal. It is best to seek medical treatment if you are unsure of whether you have been injured.

Note that, in addition to physical injuries, victims who experience sexual assault are often concerned about the risk of pregnancy and sexually transmitted diseases (STDs, also referred to as sexually transmitted infections or STIs), including HIV. While the risk of becoming pregnant or contracting an STD from a sexual assault is relatively low, you can be medically evaluated for these issues, learn about your options for care and access prophylactic treatment if needed. Note that for pregnancy prevention, emergency contraception optimally is taken within the first 12 hours after an assault, but it can be effective up to 120 hours (5 days) post-assault.

If you are a victim of ongoing physical or sexual violence or experienced such victimization in the past, you are also encouraged to seek medical assistance to address any related health concerns.

You may be eligible for compensation for related medical expenses incurred if the violence is reported to law enforcement within 72 hours after it occurred. (See Crime Victim Compensation Fund information below.)

A rape crisis center advocate can help you identify medical concerns and your options for help and provide referrals for medical assistance.

Forensic Medical Exam

The purposes of a sexual assault forensic medical exam are to (1) assess and address victims’ health care needs and concerns related to sexual victimization and (2) collect evidence for potential use during case investigation and prosecution. This exam is recommended even if there are no visible injuries as a result of the assault, the victim is unsure about reporting or does not want evidence collected, or the assault was not recent.

Note that in West Virginia, victims can have a forensic medical exam with or without reporting the assault to law enforcement, as long as they are not minors or adults who have been deemed by the courts as incapacitated. Evidence on the body and clothing can be collected and stored, giving victims additional time to consider their criminal justice options. Advocates and law enforcement officers can assist victims if they later decide to initiate a criminal investigation of the assault (go to What is a Forensic Medical Exam for related information). However, in mandatory reporting situations. a report will be made by the healthcare provider to law enforcement and/or the WV Centralized Intake Hotline for Abuse and Neglect.

Exam Process

A sexual assault forensic medical exam of a victim usually takes place at a licensed medical facility (e.g., a hospital emergency department) within about 96 hours of the assault. It is ideally conducted by a health care provider specially trained to conduct this type of examination. Very often that provider is a forensic nurse, typically a sexual assault nurse examiner (SANE). During the exam, this health care provider typically:

  • Obtains information about victims’ pertinent health history and the crime
  • Conducts a physical examination (not a routine physical examination) to look for injuries and findings
  • Collects and preserves all evidence and documents any findings
  • Collects urine and blood samples for analysis in cases in which alcohol and/or drug facilitated sexual assault is suspected
  • Treat or refer victims for any medical treatment
  • Offer victims prophylactic medications and other care needed as a result of the crime
  • Provide victims with referrals for medical and psychological care and support

There is no cost for forensic portions of a forensic medical exam. Licensed medical facilities only charge for medical treatment you may receive.

Rape crisis center advocates are on-call 24/7 to accompany victims during the examination to provide support, information and victim advocacy.

Preserving Evidence

Depending on what occurred during the sexual assault, offenders’ DNA and other trace evidence might be obtained during the forensic medical exam, from the surface of victims’ bodies, hair, saliva, semen or vaginal discharge, debris under fingernails, clothing, linens used during/after the assault, etc.

  • To preserve evidence on your body and clothing for collection during a forensic medical exam, it is best to go to the hospital in the clothing you were wearing at the time of the assault and refrain from bathing, brushing your teeth, washing your hands and urinating/defecating. However, if you have already engaged in any of these activities since the assault, don’t worry that it will “ruin” the case. Also, if you have already changed clothing, you can still collect the clothing worn during the assault and bring it with you to the hospital, even if they have already been washed.
  • If you believed that you were drugged before/during the assault, collect your first voided urine and take it with you to the hospital. Traces of drugs used may remain in your blood or urine. Again, however, if you have already urinated after the assault, don’t worry it will ruin the case. (See the drug facilitated sexual assault section of the website for additional information.)
  • Take a change of clothing with you in case your clothes are kept in order to further examine/test for evidence. 

Reporting Options

You have options for reporting the violence you experienced. A rape crisis center advocate can help you understand your options. Keep in mind that center services are available to you regardless of your reporting decisions. Note, however, that WV law mandates that rape crisis center advocates and certain other professionals report child or vulnerable adult abuse or neglect. (See mandatory reporting laws in the WV Related Legislation.)

One Option: Report. Reporting violence you experience to law enforcement provides the criminal justice system an opportunity to begin an investigation into the matter.

  • You can initiate reporting by calling 911 or your local law enforcement agency.
  • If you are a victim of human trafficking, you can also report by calling the WV Intelligence/Fusion Center at 866-WVWATCH (866-989-2824).
  • For variations in reporting procedures, also see Persons in Detention and College Students.

Another Option: Decide Not to Report for Now. For many reasons, you may be hesitant or may not want to report to law enforcement. It is OK if you decide that reporting is not right for you.

  • For sexual assault victims: Note that physical evidence on victims’ bodies and clothing may be destroyed or deteriorate over time. Even if you choose not to report in the immediate aftermath of the assault or are unsure about reporting, you can still have a forensic medical exam to receive medical care and have potential evidence gathered in case you change your mind about reporting.
  • If you are not sure if you want to report but want law enforcement to be aware that the incident occurred, find out if your law enforcement agency accepts anonymous reports. These types of reports allow victims and/or third parties to share information about an incident with authorities without compromising confidentiality and filing a formal complaint.

Another Option: Make a Delayed Report. You may decide at a later point that you wish to report the violence to law enforcement. As there is no statute of limitations for felony offenses in West Virginia, they can be reported at any time. Misdemeanor offenses can be reported up to one year after the incident occurred.

Note that to be eligible for compensation through the WV Crime Victims Compensation Fund for medical or other related expenses incurred by victims, a crime usually needs to be reported to law enforcement within 72 hours of its occurrence. However, sexual assault victims who have a forensic medical exam conducted within 96 hours after the assault are eligible for compensation through this fund, regardless of their reporting status. (See the section below on the Crime Victims Compensation Fund.)

Other Legal Remedies. Whether or not criminal charges related to the violence you experienced are filed, you may have additional civil legal options depending on the circumstances of the violence. For example:

  • A protective order is one civil remedy that may be available to victims, as discussed above in the safety planning section.
  • Victims might also consider filing civil lawsuits for harm/loss due to the violence. Sanctions usually include the injured party receiving monetary compensation or other awards (but not imprisonment).
  • Institutional settings and professional licensing codes may have policies and procedures that make perpetration of these types of violence a violation. For example, college students who are victimized by a student, faculty or staff member of their college can report it as a violation of the college code of conduct and more broadly as a Title IX violation. Victims who reside in correctional facilities, assisted living facilities, boarding schools, group homes and foster care facilities should be able to make a complaint to the facility administration. Victims whose perpetrators are licensed professionals can report them to relevant licensing bodies.

Crime Victims Compensation

The West Virginia Crime Victims Compensation Fund provides compensation to West Virginia victims of crime who have suffered personal injury and have incurred out-of-pocket losses as a result of a criminal act. Residents of the State are eligible to file a claim with the Crime Victims Compensation Fund if they meet the below requirements:

Residency

  • The crime must either have occurred in West Virginia, or to
    • A WV resident injured in another state without a compensation program
    • A WV resident injured outside the United States as a result of terrorism

Eligibility

  • A victim who has suffered an injury as a result of a crime
  • Anyone who pays for medical and/or funeral/burial services of a victim
  • A legal guardian of a minor
  • An executor of the estate of a deceased victim
  • A spouse or dependent who suffers noneconomic loss due to the death of a victim

Not Eligible

  • Person who commits the crime
  • Persons who are injured while they are incarcerated
  • Persons who do not cooperate with law enforcement or claim investigators from the Crime Victims Compensation Fund

Requirements

  • The crime must have been reported to law enforcement officials within 72 hours (with possible exceptions, including if a sexual assault victim has a forensic medical examination within 96 hours of the assault)
  • The claimant must fully cooperate with law enforcement officials
  • The victim must have suffered a personal injury
  • There must be economic loss
  • A claim must be filed with the WV Crime Victims Compensation Fund within 2 years of the date of the incident 
    • An exception: The application for a minor victim (under 18 years of age at the time of the crime) must be filed before the minor’s 20th birthday

To file a claim, an application must be completed and submitted to the Crime Victims Compensation Fund. There is no fee to file and an attorney is not required. Victim advocates at rape crisis centers are trained to assist victims in filing claims. However, if a victim seeks the services of an attorney, reasonable attorney fees can be paid by the Crime Victims Compensation Fund (not from awards), at no cost to the claimant regardless of the outcome of the claim.

If a victim is uncertain about the eligibility of any aspect of a claim, additional information may be obtained from the West Virginia Legislature’s Crime Victims Compensation Fund (304-347-4850, 877-562-6878 in state or cvictims@wvlegislature.gov). An application can be downloaded through that site or is available by calling the Fund or at the local prosecuting attorney’s office.

Once a claim has been filed, the following is what usually happens:

  • The Crime Victims Compensation Fund assigns a claim investigator to review the case.
  • Based on the information gathered during the investigation, the investigator files a “Finding of Fact and Recommendation,” or FFR, and a copy is sent to the victim.
  • The victim may file a response to the FFR within 30 days.
  • A Claims Commission judge then will review the FFR, all filed documents and the victim’s response, if any. The judge will then make a decision (about the award/denial of award) and a copy of the order will be sent to the victim.
  • If the victim or claim investigator disagrees with the decision, they are given 21 days to request a hearing. Another judge will preside over the appeal hearing, which is the final process.
  • The law requires that awards be made directly to the medical or funeral/burial provider (for those applicable expenses), to the claimant for reimbursement of approved expenses and to the claimant for approved wage/income losses.

As noted above, sexual assault victims face unique circumstances regarding eligibility for the Crime Victims Compensation Fund. They can have a forensic medical examination conducted without reporting the crime to law enforcement; having a forensic medical examination conducted within 96 hours of the assault enables them to be eligible for this compensation.  

Note that Fund policies and procedures can change.

Resources

What Sexual Assault Victims Need to Know Brochure

References

Dating Violence Resource Center (n.d.). Campus dating violence fact sheet. Arlington, VA: National Center for Victims of Crime.

Lash, J. (2017). Is it trauma or is it distress? Differences between victim/complainant trauma and accused/respondent stress [Unpublished paper]. Indianapolis, IN: Indiana University – Purdue University Indianapolis, Counseling and Psychological Services.

National Center for Victims of Crime. (2012). Bulletins for teens: Dating violence. Arlington, VA: Author.

Office for Victims of Crime, Training and Technical Assistance Center. (2007). National Victim Assistance Academy, Track 1, Foundation-level training [Resource manual].  Washington, DC: U.S. Department of Justice.

Polaris. (2018). The victims and traffickers [Webpage]. Washington, DC: Author.

Wilson, C., Lonsway, K. & Archambault, J. (2016). Understanding the neurobiology of trauma and implications for victim interviewing. Colville, WA: End Violence Against Women International.

Santa Barbara Graduate Institute, Center for Clinical Studies and Research & LA County Early Intervention and Identification Group. Emotional and psychological trauma: Causes and effects, symptoms and treatment. Reprinted from Helpguide.org. (2005).

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