The Facts | Right to Know
What Your College Is Doing |Checklist For Peer Educators

Sexual Assault Is:

• any act of sexual contact that one or more persons perform upon another

- without mutual consent, or

- with an inability of the victim to give consent due to age, or mental or physical incapacity, which can include intoxication.

• opposite and same sex sexual assault can occur in same and opposite sex relationships.
• sexual abuse of children and adults.
• stranger, spousal, gang, and acquaintance rape.
• a crime committed by and against people of different races, ages, abilities, sexes, incomes, and sexual orientations.
• never the fault of the victim/survivor, no matter what the circumstances are. Perpetrator is responsible for their own behavior.

DO'S AND DON'TS

• DO get medical care as soon as possible after the sexual assault.
• DO try NOT to shower, douche, or change clothes before getting medical attention.
• DO take a change of clothes to the hospital if possible.
• DO tell medical staff the location of any bruises, cuts, and scratches, as well as places on your body where you may have been held, grabbed, or punched.
• DO answer as directly as possible any questions the police or medical staff may ask. You can ask for an explanation if you don't understand why a question is necessary.
• DO be aware that you might not recall all the details during your first meeting with the police.
• DO call your local sexual or domestic violence crisis center; they may be able to send someone to the hospital.
• DO be aware that common after-effects can include disturbances in sleeping or eating patterns, flash-backs of the assault, mood changes, fear, anger, and denial.
• DO know that working with a trusted counselor or advocate can help you find recovery.
• DO remember that you are not alone. Help is available.

WHY GET A MEDICAL EXAM??

• Sexual assault is a criminal act that involves invasion of and violence against your intimate self.
• Resolving to seek medical attention is a helpful first step toward recovery; it enables you to regain power to make decisions regarding your own body.
• Medical staff can assist you with:

- any external or internal injuries.

- a sexually transmitted disease you may suffer from as a result of the assault.

- possible pregnancy, if applicable.

WHAT IS INVOLVED IN THE MEDICAL EXAM?

1. You are entitled to medical care even if you choose not to file a complaint against the person who sexually assaulted you.

2. The nurse:

- explains exam procedures.

- is present during the exam.

3. You're asked to sign consent forms to allow medical staff to:

- examine and treat you.

- administer medication.

- release evidence to police.

4. Medical staff:

- conduct the exam, including evidence collection.

- administer treatment and any necessary medication.

5. Medical personnel will report the sexual assault to the police as soon as they are able.*

* according to North Dakota law

THE HOSPITAL EXAM:

• is designed for thorough and complete evidence collection.
• produces evidence for a better court case if you ever decide to prosecute.
• should be done only with your consent. You can refuse any part of the exam and evidence collection.
• is most effective within 72 hours of the incident, so that physical evidence like skin cells, hair, or sperm can be obtained.
• is crucial even if you have not sought medical treatment after 72 hours--for assistance with possible sexually transmitted diseases, hidden injuries, or pregnancy.

SEXUALLY TRANSMITTED DISEASES

• Sexually transmitted diseases like syphilis, gonorrhea, herpes simplex II, chlamydia:
• can be transmitted during a sexual assault.
• might not be evident until several weeks after they've been transmitted.
• can be treated with preventive medicine during the exam.

If you are concerned, please be sure to:

• discuss sexually transmitted diseases with the doctor during the exam.
• be tested for syphilis 4 to 6 weeks after the assault.
• receive a Patient Information Form that lists medication, dosage, and purpose of medication.
• call 1-800-472-2180 for STD testing.

PREGNANCY

If you have concern:

• during the exam, you can be tested to determine an existing pregnancy.
• 6 weeks after your last menstruation, you can be given a test to determine pregnancy from the assault.
• you can discuss preventive medication with the doctor.

HIV/AIDS

• To assess whether you were infected during the assault, you would need to be tested at the time of the assault, as well as several weeks later. Unfortunately, it is possible to pass the infection on to others in the mean time, so please talk to medical personnel before engaging in sexual activity.
• Free, confidential HIV testing, counseling, and referrals are available at any of 10 testing sites. You can call ND's AIDS Hotline at 800-472-2180 for information. If necessary, early treatment can help.

EVIDENCE COLLECTION:

• includes taking samples of substances from the genitalia, rectum, or mouth
• involves taking combings and samples from your head and pubic hair.

The samples taken during the exam:

• are used to detect hair, skin cells, and sperm, if applicable, of the person who sexually assaulted you.
• can help to identify the person who assaulted you.

With your consent, for the purpose of gathering evidence, hospital staff may:

• take clothing you were wearing.
• photograph any bruises, cuts, or injuries that may have occurred during the sexual assault.

FOR SURVIVORS OF SEXUAL ASSAULT -
YOUR RIGHTS AS A PATIENT.

1. To receive respect and courtesy.

2. To have an advocate from a sexual assault crisis center accompany you when possible.

3. To have an advocate who respects your cultural needs, and shows sensitivity to your needs regarding your gender and sexual orientation, or the gender and sexual orientation of the person who assaulted you.

4. To meet with personnel from law enforcement and the sexual assault crisis center in a private place.

5. To know the purpose of any papers you're asked to sign.

6. To ask questions regarding tests done and treatment given.

7. To know why tests or certain procedures are being performed and risks of any medications offered.

8. To be informed of aftercare and later testing that may be needed.

9. To discuss with medical personnel, law enforcement, or your advocate, the possibility of the release of information from your medical records.

10 To voice complaints and have them heard and accepted.

11 To have a support person present during the medical exam.

COMPENSATION

• The federal Violence Against Women Act requires states to pay "full out-of-pocket costs" for forensic rape examinations. In North Dakota, the Victims Compensation Program handles claims for payment if you do not have insurance. The Program can also help pay for counseling services. You are required to report the crime to the police and "cooperate with law enforcement" to be eligible. Please call 1-800-445-2322 for more information or check the list in the Help: College Resources section of this website.
• Call 1-800-472-2911 for the Sexual Assault Crisis Center nearest you for confidential, 24-hour assistance, toll-free across ND when you need someone to talk to - crisis or not.

FOLLOW UP

• Dealing with the aftermath of sexual assault is an ongoing process; survivors of sexual assault have said, "It's not something you get over; it's just something you integrate into your life."
• Police may contact you a few weeks after the assault in order to take photographs of any bruises you may have received; these bruises are likely to have been invisible at the time of the medical exam.
• Advocates from your local domestic & sexual violence crisis center are available to help you throughout your recovery. Please know that it takes time to heal.