Victim Assistance

No. A person does not have to report to law enforcement to have a SAFE Kit collected. A person has the option to have the SAFE Kit collected and stored anonymously. The SAFE Kit will be stored in evidence for up to 60 years. A person always has the option to go back and report at a later date. If they decide to formally report, the SAFE Kit will be tested at that time. If the person chooses not to report, the SAFE Kit will not be tested. (See question 1, 2, and 7 concerning reporting options)

Certain individuals must make a report to law enforcement for crimes involving minors (persons under age 18), people over age 65, and vulnerable adults (adults with disabilities).

A survivor still has options even if law enforcement is notified. (See question 1, 2, and 7 concerning reporting options)

¹ The options under the law may be restricted due to mandatory reporting (minor-under age 18, vulnerable or elder adult) or domestic violence mandatory arrest laws. See question 5.

You have options.

Law Enforcement wants to work with a person to listen to what they want to happen and how far a person wants to participate in the process. A person will be consulted throughout the process in what steps are taken and what they want to see happen. Law Enforcement will listen and respect a person’s wishes and a person may change their mind at any time.

Some options include:
-Consultation with law enforcement to understand the process without making a formal report.
-Make formal report to law enforcement for documentation of the incident only (no follow up investigation)
-Make formal report to law enforcement, law enforcement conducts investigation, but no referral for criminal charges to District Attorney’s office for potential criminal charges.
-Make formal report to law enforcement, law enforcement conducts investigation and refers to District Attorney’s office for potential criminal charges.

The District Attorney’s office will review the investigation and consult with the person about how the matter can proceed.

Evidence of a sexual assault comes from multiple sources and Law Enforcement has a number of ways to investigate a case. In addition to a survivor’s statement, further evidence may be in the form of witness statements, scientific evidence, medical evidence, changes in behaviors, technology, etc... If a survivor does not remember or was physically helpless during the sexual assault, this evidence can sometimes stand on its own.

Even if there were no additional evidence, in the criminal justice system, one person’s word, if believed, is enough to prove any fact. If a survivor says they were sexually assaulted, that can be enough evidence to proceed.

A person can make a report to law enforcement at any time after the sexual assault, even years after. It is normal for most survivors not to report right away. The length of time before reporting the assault can affect what type of evidence may be available, but it does not automatically make a person not believable. Law Enforcement is trained to know there are a number of reasons why a person doesn’t report right away.

It is often the case that sexual offenders have offended in the past and continue to offend. Even if a survivor does not wish to prosecute or the case cannot go forward, a report can help other survivor’s cases or to locate an offender or develop a pattern of evidence that can be used against an offender.

There is no legal definition of what it means to “consent” to a sex act in Oregon. The law uses a common sense approach and looks at the total circumstances. No situation is like another and the law accounts for this.

A person can withhold consent either verbally or non-verbally. Meaning, if someone says “no” or “stop” or puts up physical resistance this can show a lack of consent.

But a person does NOT have to verbally or physically resist a sex act to show lack of consent. (ORS 163.315). This means a person does not have to say “no” or “stop,” and does not have to hit, kick, push, or do any other act to resist. However, the lack of resistance may be considered to determine if the sex act was consensual.

A person can also be incapable of giving consent in the following 5 ways under Oregon Law:

1) If forcible compulsion is used: Meaning use of physical force or a threat that places a person in fear of death or physical injury to themselves or others or if the person fears they will be kidnapped. ORS 163.305(2)

2) If the person is “mentally defective:” Meaning the person suffers from a mental disease or defect that renders them incapable of appraising the nature of their conduct. ORS 163.305(3)

3) If the person is “mentally incapacitated:” meaning the person is rendered incapable of appraising or controlling their conduct at the time of the offense. ORS163.305(4)

4) If the person is “physically helpless:” meaning a person is unconscious or for any other reason physically unable to communicate unwillingness to an act. This includes when someone is sleeping or intoxicated to a point of physical helplessness. ORS163.305(5)

5) When someone is under the age of 18, they cannot by law consent to sexual activity. ORS 163.315.

The length of time for the criminal justice process can vary depending on a number of factors.

The investigation may take time due to the need to interview involved parties, the processing of forensic evidence (if applicable), and the complexity of the investigation. If you have concerns about what is happening or the time of an investigation, please talk to law enforcement.

The court system may also take time due to availability of the court and the many parties involved, including the victim, the witnesses, the Defense Attorney, the District Attorney, and the Judge. If you have concerns about what is happening or the time of court process, please talk to the District Attorney handling the case and/or the assigned victim advocate.

The impact on a person’s life is individual and no one will have the same experience. It can include time away from jobs, schooling, family, friendships, and other responsibilities. There may be impacts on a person’s emotions, health, and day-to-day activities. It is important to find balance and support. Resources in the community may be helpful. (see question 19).

A defendant generally will NOT have access to counseling records. There are laws in place to protect counseling records and limit others access. However, this is not a blanket protection and there are some exceptions. Keep in mind that even if access is allowed, this doesn’t mean this evidence is admissible or usable in a court case.

A survivor of sexual assault may experience a range of conflicting feelings and emotions. There is no “one” way to feel and these may often change. A survivor can reach out to support services to discuss these. There are many resources available. The links below are only a few examples.

Oregon Attorney General’s Sexual Assault Task Force

Rape, Abuse & Incest National Network ( RAINN)

CARDV

SARC

Oregon Crime Victim and Survivor Services