Sexual assault survivors not only suffer in the moment of the sexual assault but also in every moment that follows. The weight of this trauma is a burden that they carry with them everywhere, destroying their zest for life and potentially leaving permanent physical injuries.
The criminal justice system serves to punish those who commit various sexual assault crimes, while the civil courts can help sexual assault survivors recover compensation for their financial losses related to physical, emotional, and psychological injuries endured.
A sexual assault investigation will be launched once the crime is reported. Once victims make the report, they often wonder, “How long does a sexual assault investigation take?” At Wagner Reese, we are personal injury attorneys staunchly committed to compassionate legal representation and support of sexual assault victims. In this article, we provide information about the sexual assault investigation timeline to help you know what to expect on your quest for justice.
Overview of Sexual Assault Investigations
Whether you were with someone you knew who took advantage of you or were assaulted by a stranger, your sexual assault case matters. In order for officials to perform a thorough and timely investigation, it is advised that you report the incident as soon after it happened as possible. While time limits are extended in certain circumstances, there will be a better chance of getting physical evidence if you act quickly.
Here is what you can expect in the sexual assault investigation process:
Initial Reporting, Medical Treatment, and Police Involvement
A sexual assault investigation starts the moment you report a sex crime to the police. This report to the police will be taken seriously, and they will typically have you undergo forensic examinations for the purpose of collecting physical evidence left behind by the perpetrator.
From there, the authorities will conduct a thorough investigation. In some cases, the abuser may be known to the victim. In other cases, they may only have a description of the person and must begin a manhunt to find them to seek justice.
Role of the Investigator and Gathering Evidence
During a sexual assault investigation, an investigator will be assigned to the case. This person will be responsible for gathering evidence such as medical records and surveillance footage, talking to witnesses, and reading reports from forensic experts to help them find and hold the responsible parties accountable.
Timeline of the Investigation Process
There is no set timeframe for a sexual assault investigation to conclude. It could take a few weeks, or could span over a year. There are many factors that can affect the length of time it takes for a sexual assault investigation, though it is important to remember that investigators will be trying their best to move it along as quickly as possible without missing any details.
How Long Does a Sexual Assault Investigation Take? Factors Influencing the Duration of Investigations
In order to hold the perpetrator accountable, all the correct steps must be followed within the court system or it could compromise the integrity of the case. That said, certain factors can influence the investigation timeline significantly.
Complexity of the Case
When a sexual assault case is complex, it can be a time-consuming endeavor. If a sexual assault case involves a large number of witnesses or there are many details, it will likely take investigators longer to complete. Rape cases are challenging for this reason because there are often no witnesses, victims either did not see their rapist or did not know them, and the trauma experienced by victims may make it harder for them to recall crucial details.
Availability of Initial Evidence and Witnesses
In sexual assault cases, evidence is a huge factor that can impact the sexual assault case duration. The timeframe for sexual assault investigations often hinges on the available evidence. If DNA evidence is gathered, it may take several weeks for forensic testing and processing to be complete.
Court approval may be required to collect certain types of evidence, which can also make both sexual assault lawsuits and criminal proceedings take longer. While reporting the sexual assault serves as evidence, other items are needed to strengthen the case. This typically includes medical reports and witness testimony. While there aren’t always witnesses to a sexual assault, those that have seen what happened may hesitate to cooperate out of fear of retaliation or other concerns.
Law Enforcement Resources
The legal process may also be slowed down by the availability of resources for law enforcement. Some departments are overburdened with cases, and despite their best efforts, it may take more time to get started on the case. There simply may not be enough investigators to manage the caseload, which will add more time to the process.
Understanding Sexual Assault Court Cases
A sexual assault court case will likely take around six months from the beginning stages to completion, though it could take a year or longer if factors are complicated.
It begins with filing charges based on evidence recovered during the investigation. Pre-trial phase procedures will prepare the case to go to court, where survivors’ rights must be upheld. During the trial, the attorneys will choose the jurors, conduct cross-examinations of witnesses, and present evidence.
In criminal cases, there must be enough evidence for a judge or jury to find that the accused is guilty beyond a reasonable doubt. When investigations are rushed or there is a lack of DNA samples, it may be hard for jurors to issue a guilty verdict. If the liable parties are found guilty, the judge will provide the sentence and the perpetrator will be convicted.
When it comes to sex crimes, criminal charges aren’t the only way that a rapist can be punished. Victims of sexual assaults have the right to file legal proceedings for sexual assault lawsuits. Since this legal process is challenging particularly given the reliving of the trauma of the event, it is best to work with an experienced attorney who can advocate for your legal rights, provide support, and navigate the entire process to fight for your compensation.
Role of Legal Representation in Expediting Cases
Sexual assaults can be challenging to talk about, but a bigger challenge is ensuring that all parties involved are held accountable. The best way to seek justice for perpetrators of sex crimes is to hire a personal attorney with experience in sexual assault cases.
The Importance of Hiring an Experienced Lawyer
At a civil trial, it isn’t a matter of being guilty beyond a reasonable doubt. It is about proving that this person caused you harm by either negligent or malicious behavior, and that the harm caused you to suffer economic and non-economic damages. It can be taxing on victims to try to work through a case like this on their own all while reliving the trauma.
An attorney can represent you in your civil lawsuit and take over, and they’ll be better poised to do so. They’ll have a full understanding of all relevant laws, comb over the details to get all the evidence they can, take witness statements, and advocate fiercely for your legal rights and fair treatment.
How Legal Support Can Help Streamline Legal Proceedings
Attorneys can hire an investigating agency and expert witnesses to help fill in gaps. Since evidence plays such a crucial role, the more evidence in a case, the more likely it will be to have a favorable outcome. You may not have seen your attacker, but a camera recording in a nearby parking lot may have recorded them.
How long are sexual assault lawsuits? They can take as much time as a criminal investigation and trial. By gathering evidence more quickly after the assault, your attorney can help move things along more quickly to put the trauma behind you and help you move forward.
Emotional and Psychological Impact on Victims
At Wagner Reese, there is something we have noticed with sexual abuse victims, those involved in teen sexual assault lawsuits, and even adults who are survivors of sex crimes: all of them carry trauma deep inside of them.
Many victims blame themselves and ruminate over what they could have done differently. They think about what they were wearing or if they were giving mixed signals. They also relive the horrifying moments when they were sexually assaulted. Some women are beaten and attacked by a stranger while others are with someone they know or at a party when they are taken advantage of.
If you did not provide your consent to sex, then what has happened to you is a crime. It does not matter if you didn’t say the word “no” to your attacker either. Regardless of how your sexual assault occurred, the attorneys at Wagner Reese understand the horror that cycles through your mind every day. It is our goal to hold your perpetrator accountable and get you the compensation you deserve for your physical, emotional, and psychological injuries. If you or someone you love has been the victim of sexual assault, contact us for a confidential discussion to learn about your legal rights and get support.
