Deciding About Reporting to Law Enforcement or Using the Civil Justice System
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Reporting to Law Enforcement
Childhood sexual abuse is a crime. In the criminal justice system, people who have been harmed by criminal behavior, including adult survivors, are typically identified as victims of crime. You, as a victim of crime, have the right to report the crime(s) to law enforcement. This is one option to hold your offender accountable. If you are a survivor of childhood sexual abuse and you are currently an adult (18 or over), you have a right to decide whether you want to report this to law enforcement regardless of when the sexual abuse happened. Not everyone will decide to report to law enforcement. It is a personal choice for each survivor. You may want to talk with a victim advocate or a law enforcement agency about reporting, generally, and what to expect prior to making a formal report. This can ensure you have enough information to make an informed choice about whether to report the sexual abuse you endured as a child.
If you decide to report, you should contact the law enforcement agency that serves the jurisdiction in which the abuse happened. In Colorado:
- A local police department in cities or towns, and
- A county sheriff in unincorporated or rural areas in Colorado.
Victim Rights
In Colorado, victims of crime, including adult survivors of childhood sexual abuse, have certain Constitutional rights once they report the crime. The first of these rights is to be treated with fairness, respect and dignity; the second is to be free from intimidation, harassment and abuse. Victims also have the right to be heard at critical stages in the criminal justice process and to be informed about decisions and actions taken related to their cases. To learn more about your victim rights in Colorado, go to this link for the Colorado Victim Rights Brochure.
Regarding confidentiality:
- Information reported to law enforcement agencies may be used in an investigation or prosecution of the person who committed the sexual abuse. If this happens, and the case goes to trial, the abuser, or their attorneys may have a right to access that information. It is important that survivors understand this, as some survivors do not want their abusers to have access to any information about them. Respect for privacy is law enforcement practice and law enforcement agencies only share information with those involved in the criminal justice process like District Attorneys prosecuting these crimes prior to trial.
Regarding Statutes of Limitations:
- There are laws that have been in effect in Colorado at different times that impact whether law enforcement can investigate crimes reported to them. They are called Statutes of Limitations and they say how long someone who has committed a crime can be investigated or prosecuted after they committed the crime. Those calculations are very complex and should be done by a law enforcement agency or a District Attorney’s Office in Colorado. You can report the crime whether or not it can be investigated based on the Statute of Limitations that existed at the time.
What is a Victim Advocate?
- Most law enforcement agencies and prosecutors’ offices in Colorado have victim advocates who can meet with you, provide information about the reporting process, the criminal justice system and the trial if that happens, provide support as you report to law enforcement and provide information and support through the trial process. They can also answer questions about reporting for you if you are considering whether to report.
- Law enforcement victim advocates are not allowed to keep information you disclose that is related to the investigation of the crime you report confidential from the law enforcement agency with which they work. They can respect your privacy and will only share required information with the law enforcement agency investigating the crime.
A Sexual Assault Agency can also assist in this process
Most communities have local sexual assault programs that can provide a confidential victim’s advocate to assist you with making a report to law enforcement. They are not required to share information you tell them with law enforcement unless it falls under their mandatory reporting duties.
Confidential sources of support
You can find your local sexual assault program in Colorado here or nationally here.
Victim Compensation
If you report a crime to law enforcement, you may have access to Victim’s Compensation, dollars that can assist with some portion of therapy or other needs you have that are directly related to the crimes committed against you. Local district attorney’s offices typically administer these funds. A law enforcement or confidential victim advocate will be able to tell you how to apply for Victim Compensation in your community.
What if I was abused in another state from where I’m currently living?
If you were sexually abused in another state, we recommend you contact the local law enforcement agency in the jurisdiction where the sexual abuse happened to ask about reporting policies and procedures. We recommend asking about the process in that state prior to reporting, as laws and practices are very different from state to state, and survivors deserve to have full information about their options before deciding what they want to do. Your statewide sexual assault coalition or local sexual assault program may be able to help explain reporting procedures in your state as well.
Civil Legal Options
Some survivors want to hold their abusers accountable by using the civil legal system to sue the person who sexually abused them. You may also be able to sue an agency that covered up your abuse or the abuse of others, giving an offender ongoing access to children. This can be particularly helpful if the statute of limitations has run out and you are unable to pursue criminal justice remedies.
This often happens with adult survivors, as many of us have not disclosed our abuse to anyone for many years. It likely took all that time to finally understand that what happened to us was abusive and not our fault.
Taking steps to sue the person who sexually abused you can also hold an offender accountable for the cost of therapy or other services you have needed to help with your recovery from the trauma. In some cases, it can be a way to ensure that an organization changes its policies or practices to protect children in the future. Whether you can pursue civil legal remedies can be confusing and it is important that you have a competent attorney familiar with the changing statutes of limitations for these cases and with case law that determines how they must be handled.
In Colorado, there are several attorneys and firms that have extensive expertise working on legislation related to childhood sexual abuse and representing survivors. Contact a Wings Survivor Services Navigator for referrals to attorneys who can help with civil legal action.
In other states, your local sexual assault program or your statewide sexual assault coalition may be able to help you find a competent attorney to help you with civil legal options. You can get connected to your local center through the National Sexual Assault Hotline.
If, after reading this, you have decided you do not want to report or are not yet ready to do so, you can look for other services and supports here.
Restorative & Transformative Justice Options
Some survivors may have an interest in exploring a restorative or transformative justice process, typically when they have already accessed ample support to navigate healing from their experience of sexual violation and want to take this additional step.
“Restorative justice gives victims the chance to meet or communicate with their offender to explain the real impact of the crime – it empowers victims by giving them a voice. Restorative justice often involves a meeting called a conference, where a victim meets their offender face to face. Sometimes, when a face to face meeting is not the best way forward, the victim and offender will communicate through letters, recorded interviews, video or via a facilitator instead.” – Restorative Justice Council
Learn more about these options through the organizations listed below.
Colorado Resources:
https://www.ccasa.org/restorative-transformative-projects/
https://www.coloradodefenders.us/for-clients/client-resources/restorative-justice/
https://conflictcenter.org/programs/restorative-denver-program/
National Resources:
https://restorativejustice.org.uk/restorative-justice-and-sexual-harm
https://www.nsvrc.org/publications/articles/restorative-justice-responses-sexual-assault
https://www.nationalcenterforrestorativejustice.com/ourwork
There are many paths to pursue healing and justice. Give yourself the space and permission to consider the ones that feel right to you. Know that your choices can and may change over time.