What Happens After a Sexual Assault Is Reported

The hours following a sexual assault are crucial from an evidence standpoint. The quicker a victim gets help, the easier it can be to collect evidence.

In New Jersey, reports of a sexual assault activate a Sexual Assault Response Team (SART). Three components work together to make up the team: a specialized forensic nurse, a confidential victim advocate and law enforcement.

SARTs are activated to specific, designated hospitals. The New Jersey chapter of the International Association of Forensic Nursing maintains a list of designated SART hospitals.

A victim has the right to be transferred to one of these facilities to take advantage of the full team of support available.

Sexual Assault Nurse Examiner (SANE)

When a victim reports a sexual assault, either by showing up at a hospital or to police, he or she has access to a Sexual Assault Forensic Exam (SAFE), more commonly known as a rape kit. The kit collects evidence by swabs and, if necessary, photographs that can corroborate the victim’s account of the assault. For example, if the victim reports the perpetrator forced oral sex or licked her, swabs of the mouth and skin will be collected.

The SANE nurse also will administer drugs to prevent sexually transmitted diseases, HIV and pregnancy, if necessary.

SAFE exams must be conducted within five days of the assault to collect any evidence. The earlier a kit is performed, the more likely biologic evidence will still be present.

There is no charge for the SAFE kit and teenagers do not need parental approval to obtain a forensic exam. 

Confidential Sexual Violence Advocates

Victims also are entitled to a victim advocate, a volunteer support person present to help the victim, answer questions and provide access to resources, including counseling, shelters and other follow up care.

The victim can decide when an advocate is present, and may request an advocate both at the hospital and for any follow up police interview.

Advocates must undergo a 40-hour certification process and ongoing training to participate in their county’s victim advocacy program.

Law Enforcement

Police will also respond to a hospital if the victim requests it. Many departments have specially trained detectives who handle sexual assault cases. In some instances, the police will conduct an interview at the hospital, asking very specific questions about the assault. The SAFE kit can corroborate this account.

Police also may request a follow up interview at the station.

Victims do not have to talk with police immediately. They may opt to file a report at a later date.

Victims’ Rights

Sexual assault is a crime that wrenches control away from the victim. To promote healing, a victim is given control over many aspects of the case after the assault.

The victim has the right to:

• Request or refuse a SAFE kit, including any specific component of the kit. For example, the victim may consent to an internal exam, but not photographs.
• Have access to a confidential sexual violence advocate throughout the exam and police interview process.
• File a police report or decline to file one. This decision does not affect the medical care or advocacy a victim receives. SAFE kits are kept for 90 days, during which the victim can decide whether to follow through. Kits are only processed if the victim requests it.
• Be transferred to a hospital that conducts a SAFE kit.  

Advocacy groups also will connect the victim to services, including crisis counseling, mental health care, emergency shelters, food assistance programs and a host of other programs, depending on the individual circumstances.

Help is available regardless of when the sexual assault took place, whether a police report is filed and whether an exam is performed. For more information, visit .

This is part of a Patch series during National Sexual Assault Awareness Month. For more on the series, visit our Out of the Shadows: National Sexual Assault Awareness Month page.