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Myths about Sexual Assault Cases
Myth 1. When sexually abused, the victim immediately would tell someone what occurred or was occurring. FALSE - Adult and child victims do not always immediately report sexual abuse for numerous reasons. Often children are threatened that something bad will happen if they tell anyone. Sometimes children are just too scared to tell anyone what happened. Children often fear that if they tell, their family will be divided and the child may have to live with strangers or their mother and siblings will be mad at them for breaking up the family. Some adults have trouble leaving abusive relationships but for a child, the fear can be even more amplified. Children rely on adults for shelter, money, food and clothing. They simply do no have the means to take care of themselves. Accordingly, a child might worry that if they tell and have to move, they will have no where to go. They may feel trapped. Some children don't disclose sexual abuse because they simply don't know that the behavior is wrongful. A five year old may describe being raped but think that this type of thing happens in every family and that the offender had a right to do this. Sometimes, rather then disclosing abuse, older children sacrifice themselves to protect their younger siblings - they think that if they do what the offender wants them to do, the offender will not commit sex acts on their siblings. Boys have a particularly rough time disclosing sexual abuse because they may blame themselves for not being able to stop the abuse. Boys are particularly hesitant to disclose abuse by same sex offenders. The law recognizes and understands that children often delay disclosing sexual abuse and accordingly the State may charge an offender for a child sex act until the child is 28 years old. Sometimes adult victims will also delay disclosing sexual abuse. Sometimes the victim is too upset and in shock and denial. They may feel shame over their situation. Sometimes, they fear the repercussions of pressing charges - they may be scared the offender or his/her family will try to retaliate. Sometimes, they just want to move on and don't want to continue having to think about the traumatic incident over the next six months to a year that the case may be pending. Sometimes victims think that no one would believe them if they told. Sexual offenders often target victims that they think no one will believe. They may look for someone with problems - a drug or alcohol problem or possibly women who have prostituted themselves in the past. They may target a runaway or a homeless person or a person with mental problems. Often victims have the same misperceptions about sex crimes cases that the public has. They may fear that no one will believe them because they are a drug addict or because they knew the defendant or even dated the defendant in the past. They may worry that they will be demonized in the trial process - that their whole life will be drawn out in front of them and that they will be questioned about their manner of dress or their drug problems or past sexual experiences. Some people just don't want to talk about a sexual attack. Most people would not want to tell strangers about their sexual experience - why should victims be any different. In an effort to avoid the revictimization of victims during the trial process, the legislature has enacted "Rape Shield Laws" which prohibit introduction at trial of evidence of a victim's unrelated sexual experiences unless the evidence is relevant to the charges at issue. Myth 2. If sexual abuse occurred, physical injuries or "evidence" would be present. FALSE - Physical injuries are rarely found in sexual assault cases. Fondling cases are essentially "touching" cases. If an offender touches a victim's breasts or genitals, there will be no fingerprints on the skin. In many cases in which the victim's genitals or anus are penetrated, physical injuries and tearing are not seen. Essentially, the vagina is designed to expand. Females sometimes can have sex, use tampons or deliver babies without leaving visible injuries to their genitals. Offenders know that if a child victim has visible injuries, it will make it more likely that the offender's conduct will be discovered so they may try to be especially careful not to injure the victim. They also may not fully penetrate the victim - - although penetration no matter how slight is unlawful. The anus is also designed to expand to accommodate bowel movements and injuries are accordingly rarely seen following penetration. Victims of sexual attacks should be taken to the hospital for an examination because some injuries may be seen using a colposcope (a medical tool which has a strong light source and magnification capabilities.) If the victim has urinated, defecated, showered or bathed prior to examination, it reduces the chance that physical evidence will be found. Accordingly when a victim delays disclosing abuse, it makes it more likely that no physical evidence will be found. Also, if an offender uses a condom or does not ejaculate in the victim, it GREATLY reduces the chance that semen or DNA evidence will be found. Accordingly if the offender is trying to evade detection, he may purposely withdraw before ejaculation. Although a few rapists leave serious physical injuries, most rapists sexually attack the victim but do not leave serious physical scars. The emotional scars though are often very severe. Myth 3. Rapists are usually strangers to their victims. FALSE - When people are asked to picture a rapist, they often assume the rapist is a stranger who jumps out from behind the bushes in a park or breaks into the victim's home in the middle of the night. People assume child sexual offenders are strangers who entice children with stories about animals or asking for directions. Some sex crimes do occur in these manners but the fact is that most sexual offenders are people known to their victims and many sexual attacks occur in the home. Myth 4. If it was really rape, the victim would have screamed and fought back. FALSE - Often victims go into "survival mode" and fear that if they scream or fight back, they may anger their attacker and the attacker may hurt them more and possibly kill them. They may do what their attacker wants them to do in hopes that it will keep them alive. They may fear that if other family members are awoken by their screams, the situation may become more dangerous to more people. Some victims describe feelings of disassociation. They sometimes feel like they are outside their body, helpless, watching the attack occur. They hope that the faster the attack is over, the faster the attacker will leave. Children and adult victims sometimes go into shock and what has been described as "frozen fright" during an attack and sometimes do not take advantage of times when it may be possible for them to escape their attackers. They may fear that if the offender catches them trying to escape or notify someone of what has occurred, they will be in greater danger. Myth 5. Only women and girls can be sexually attacked. FALSE - Men and boys are also sometimes sexually attacked. When a man or boy is penetrated, the crime is called sodomy. Women or girls can be raped or sodomized. Myth 6. If a woman or man says "no" she/he may really mean "yes". FALSE - "NO" means "NO" Myth 7. If the child consents to the sexual activity, it is not rape / this child is promiscuous and must have initiated the sexual contact. FALSE - By law children cannot "consent" to sexual activity. Charges of Statutory Rape, Statutory Sodomy, Child Molestation and Sexual Misconduct involving a Child exist to prosecute individuals who engage in sexual acts with children. These charges depend on the age of the victim, the age of the offender and the acts committed. It is irrelevant that the child may not have fought back or that the child may have initiated or enjoyed the sexual conduct. When a child is sexualized at a young age, they sometimes mimic sexual behavior. They may start engaging in sexual acts with other children or use sexual language that one would not expect a child to use. Sexually abused children have been taught by their abusers that to obtain attention, affection or approval, they must satisfy the sexual desires of their abusers. Sometimes these children will also exhibit learned seductive behaviors towards non abusers expecting the actions to provoke the same type of approval the offender has shown them. A child may also mimic sexual acts because the child simply does not know the action is wrong. The child may feel that because someone he/she loves or trusts is committing these acts, it must be okay and this type of thing probably happens in most homes. Some abused children act out and display raw anger and hostility. Myth 8. Children often lie about sexual abuse. FALSE - Sexual abuse is not a frequent topic for children to lie about. Sex is something that is very difficult for most people to talk about and even more difficult for children to talk about. Most children want to fit in with their friends. Saying that their parent or mother's boyfriend or another individual sexually assaulted them is not something that is easy for a child to do. Detectives and social workers who interview children about sexual abuse have undergone special training on how to avoid leading a child during these interviews. Myth 9. Rapists/sodomizers attack because they are seeking sexual gratification. FALSE - Rape is a crime of power, not love. Rapists/sodomizers use sex as a way to hurt and humiliate women and men. It usually does not have much to do with sexual desire. Rapists are sometimes married or in relationships and have consensual sex available to them when they choose to forcibly rape their victims. Myth 10. If you are on a date, in a relationship or married, it can't be rape. FALSE - Whenever a person says no and they are forced to engage in sexual contact against their wishes, it is rape, even if the victim and offender are married or have kissed or had sex before. This is true even if the victim is intoxicated, on drugs or a prostitute walking down the street. A person never loses his or her right to say no to sexual contact. |
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