A Survivor’s Guide: What to Do After a Sexual Assault in Virginia

Immediate Steps: Your Safety and Medical Well-being

Immediately following an assault, prioritizing your physical safety and seeking appropriate medical attention are the most critical first steps. A specialized medical exam can address health concerns and collect forensic evidence, and in Virginia, this service is free and confidential.

The first moments after an assault can be overwhelming. Focus on these two fundamental needs before anything else.

1. Get to a Safe Place

If you are still in the presence of the assailant or in an unsafe location, your immediate priority is to leave. Go to the home of a trusted friend or family member, a public place, or a hospital emergency room. If you feel you are in danger, do not hesitate to call 911.

2. Seek Medical Attention: The SANE/PERK Exam

Even if you do not believe you have visible injuries, it is incredibly important to get a medical examination. You could have internal injuries or have been exposed to sexually transmitted infections (STIs) or potential pregnancy. Virginia hospitals have specially trained nurses called Sexual Assault Nurse Examiners (SANE) who are equipped to provide compassionate, trauma-informed care.

A SANE nurse will perform a Physical Evidence Recovery Kit (PERK) exam. Here’s what you need to know:

• It is Free: Under Va. Code § 19.2-11.6, you cannot be charged for a PERK exam in Virginia.
• It is Confidential: You can have a PERK exam performed without making a report to the police. The evidence collected can be stored, often for a period of years, giving you time to decide if you want to press charges later. This is sometimes called a “just in case” kit.
• It is Comprehensive: The SANE nurse will check for injuries, provide preventative treatment for STIs and pregnancy, and collect any potential DNA evidence (hair, fibers, bodily fluids) from your body and clothes. The process can take a few hours, but you will have an advocate with you the entire time.

For those seeking help, for instance, when finding a SANE nurse in Virginia Beach or Norfolk, you should go to the emergency department of a major hospital, such as a Sentara or Bon Secours facility. The same is true for those seeking care in other metro areas like Richmond or Northern Virginia; major hospital ERs are your access point to this specialized care.

How to Preserve Evidence After a Sexual Assault

Preserving physical evidence after an assault is one of the most powerful things you can do to keep your legal options open, even if you are completely unsure about reporting to the police. These steps help ensure that if you decide to move forward with a criminal case, the strongest possible evidence is available.

I understand that your first instinct after an assault may be to wash away the experience—to shower, brush your teeth, and change your clothes. These are normal reactions. However, if you are able, taking the following steps before seeking a PERK exam can be vital for evidence collection.

1. Do Not Bathe, Shower, or Douche: Washing can remove or degrade crucial DNA evidence from your body.
2. Do Not Brush Your Teeth or Use Mouthwash: If oral contact occurred, this could preserve saliva evidence.
3. Preserve the Clothes You Were Wearing: If you have already changed, place the clothes you were wearing during the assault in a paper bag (not plastic, as plastic can trap moisture and damage evidence). Handle them as little as possible.
4. Avoid Disturbing the Crime Scene: Do not clean or straighten the area where the assault occurred. Leave bedding, towels, condoms, or anything else untouched. This allows law enforcement to collect evidence properly if you choose to involve them.
5. Preserve Digital Evidence: Do not delete any text messages, emails, social media messages, or call logs from the assailant. Take screenshots as a backup. This can be crucial for establishing a timeline and demonstrating a lack of consent.

Taking these steps is not about committing to a course of action. It is about protecting your future self. It gives you the time and space to make a decision about reporting without the pressure of knowing valuable evidence has been lost forever.

The SRIS Survivor’s Empowerment & Action Guide

In the aftermath of a traumatic event, having a clear, simple checklist can help you focus and regain a sense of control. This guide is designed to help you organize your thoughts and actions in a way that prioritizes your well-being and protects your options.

This is not a list of requirements. It is a private tool for you. Use what is helpful and leave the rest. The only timeline that matters is your own.

Part 1: Immediate Safety & Health Checklist (First 24 Hours)

• [ ] Am I in a safe physical location? If not, who can I call to help me get there? (Friend, family, 911)
• [ ] Have I considered getting a medical exam (PERK/SANE exam)? I know it is free and I do not have to report to the police to have one done.
• [ ] Have I taken steps to preserve physical evidence (e.g., not showering, saving clothes)?
• [ ] Have I considered calling the confidential Virginia sexual assault hotline? The number is 1-800-838-8238. They can offer support and connect me with local resources.
• [ ] I have written down the date and time of the assault and what I remember happening, for my own records.

Part 2: Information & Reporting Options Checklist (First Week)

• [ ] I have read and understand my different reporting options (to police, confidential reporting, no report).
• [ ] If I am considering reporting to the police, I know I have the right to have a victim advocate with me during any interviews.
• [ ] I have saved all digital communications (texts, DMs) from the assailant without deleting them.
• [ ] I have made a list of any potential witnesses or people I told about the assault immediately after it happened.
• [ ] I have learned about my rights under the Virginia Crime Victim and Witness Rights Act.

Part 3: Long-Term Healing & Support Checklist

• [ ] Have I scheduled a follow-up appointment with a doctor or health clinic?
• [ ] I have researched local Virginia sexual assault crisis centers or therapists who have experience with trauma.
• [ ] I have identified my support system (friends, family, support groups) and have reached out to them when I feel ready.
• [ ] I have considered getting a Protective Order if I feel I am in ongoing danger.
• [ ] I am reminding myself that healing is not linear and am giving myself grace and patience.

Understanding Your Reporting Options in Virginia

The decision to report a sexual assault is deeply personal, and there is no right or wrong answer. Virginia law provides several pathways, allowing you to choose the one that aligns with your needs for safety, privacy, and justice. You are in control of this process.

Many survivors fear they will lose control of the situation once they make a report. It is important to understand that you have choices. Here are the primary reporting options for sexual assault in Virginia:

1. Reporting to Law Enforcement (Criminal Report)

This is the most direct path to initiating a criminal investigation. You can report by calling 911 or the non-emergency number for your local police department or sheriff’s office. An officer will take a statement, and a detective will likely be assigned to investigate. If you choose this path, you have the right to have a victim advocate from a local crisis center with you during all interviews and proceedings.

2. Confidential or “Third-Party” Reporting

This is a form of confidential reporting for sexual assault in VA that allows you to have evidence collected and a record made without immediately triggering a police investigation. You can do this through your SANE nurse exam. The evidence is preserved, and details of the assault may be shared with law enforcement anonymously for statistical purposes. This preserves the option to file a formal police report later, should you choose to do so.

3. Reporting to a Title IX Coordinator (for Students)

If the assault occurred on a college or university campus, you have the right to report it to the school’s Title IX Coordinator. This can initiate a school-based investigation, which is separate from the criminal justice system. Potential outcomes can include academic sanctions against the perpetrator, such as suspension or expulsion. You can pursue a Title IX investigation and a criminal investigation simultaneously.

4. Choosing Not to Report

It is your right to choose not to report the assault to any official body. This is a valid and understandable decision. Even if you do not report, you are still entitled to medical care and mental health support through local Virginia sexual assault crisis centers.

Your Legal Rights as a Survivor Under Virginia Law

The Commonwealth of Virginia has a comprehensive set of laws designed to protect and empower victims of crime. The Crime Victim and Witness Rights Act (Va. Code § 19.2-11.01) is the cornerstone of these protections, ensuring you are treated with fairness, respect, and dignity throughout the justice process.

As a seasoned attorney, I believe one of my most important roles is to ensure my clients know and can exercise their rights. Too often, survivors feel powerless within a system that can seem confusing and intimidating. You are not powerless. Under Virginia law, you have the right to:

• Be Treated with Dignity and Respect: You have the right to be treated with compassion and respect by all parties in the criminal justice system, from law enforcement to the Commonwealth’s Attorney.
• Protection from Harm and Intimidation: You have the right to be reasonably protected from the accused. This can include seeking a Protective Order. There are three types in Virginia: Emergency Protective Orders (short-term), Preliminary Protective Orders, and Permanent Protective Orders.
• Receive Information: You have the right to be kept informed about the status of the investigation, the arrest of a suspect, and all major court dates and developments in the case.
• Have Your Voice Heard: You have the right to prepare a “victim impact statement” at the time of sentencing, allowing you to tell the court how the crime has affected your life.
• Restitution: You have the right to receive financial restitution from the offender for costs incurred as a result of the crime, such as medical bills or lost wages.
• A Separate Waiting Area: You have the right to a secure waiting area away from the defendant and their family during court proceedings.

Navigating these rights can be complex. Working with a knowledgeable victim advocate or an attorney can ensure your voice is heard and your rights are upheld at every stage.

Finding Support: Virginia Crisis Centers and Mental Health Resources

Healing from sexual assault is a journey, and you do not have to walk it alone. Virginia has a robust network of crisis centers and mental health providers dedicated to providing confidential, compassionate support to survivors and their families.

Connecting with a support system is a courageous step toward healing. These resources are available to you regardless of whether you choose to report the assault.

Statewide Hotline and Crisis Centers

The first and best point of contact is the Virginia Sexual & Domestic Violence Action Alliance (VSDVAA). They operate the statewide hotline and can connect you with your local crisis center.

• Virginia Statewide Hotline: 1-800-838-8238 (24/7, confidential)

There are dozens of local Virginia sexual assault crisis centers. When you call the hotline, they will connect you with the center that serves your city or county. These centers provide free services, which often include:

• 24/7 crisis intervention and emotional support
• Advocates to accompany you to the hospital or police station
• Support groups and counseling
• Help navigating the legal system

Mental Health Support

The trauma of sexual assault can lead to long-term challenges like anxiety, depression, and PTSD. Seeking professional mental health support is a sign of strength. Survivors looking for mental health support for assault survivors in Richmond VA, or anywhere else in the Commonwealth, can start by contacting their local crisis center. These centers maintain lists of therapists and counselors in the community who are experienced in trauma-informed care and can provide referrals based on your needs and financial situation.

Glossary of Key Terms for Survivors

SANE (Sexual Assault Nurse Examiner)

A registered nurse with specialized training and education in providing medical forensic care for patients who have experienced sexual assault.

PERK (Physical Evidence Recovery Kit)

The kit used by a SANE nurse to collect forensic evidence during a medical exam following a sexual assault. Often called a “rape kit.”

Victim Advocate

A trained professional who provides support to victims of crime. They can offer emotional support, help you understand your rights, and accompany you to medical exams and court proceedings.

Protective Order

A legal order issued by a judge that requires an individual to stay away from and not contact another person. It is a civil remedy to prevent further harm.

Commonwealth’s Attorney

The elected prosecutor in your city or county in Virginia who is responsible for trying criminal cases on behalf of the state.

Title IX

A federal civil rights law that prohibits sex-based discrimination in education. It requires schools and universities to respond to incidents of sexual assault and harassment.

Common Questions from Survivors

Every situation is unique, but many survivors share similar concerns. Here are a few common scenarios and questions we encounter.

Scenario 1: Assault by an Acquaintance

“I was assaulted by someone I know and trusted. I’m scared no one will believe me, and I don’t want to ruin their life, but I also know what happened was wrong. What should I do?”

Analysis: This is an incredibly common and painful situation. First, your feelings are valid. It’s important to know that the vast majority of sexual assaults are committed by someone the victim knows. The legal system does not differentiate between assault by a stranger and assault by an acquaintance—the crime is the same. Your priority should be your own well-being. Consider speaking confidentially with an advocate at a crisis center. They can help you process your feelings and understand your options without any pressure to report.

Scenario 2: Unsure About the Details

“I was drugged or had too much to drink, and my memory of the night is hazy. Can I still report it? Can anything be done if I can’t remember everything?”

Analysis: Yes, you can and should still seek help. A SANE exam can test for the presence of drugs and collect DNA evidence, which can be crucial. Memory gaps are extremely common with trauma and intoxication. It does not mean the assault didn’t happen, nor does it mean you are at fault. In Virginia, a person who is intoxicated to the point of being physically helpless cannot legally consent to sexual activity. An investigation can often piece together a timeline using other evidence, like witness statements or digital records.

Scenario 3: Worried About Immigration Status

“I am not a U.S. citizen. If I report the assault to the police, will I be deported?”

Analysis: This is a legitimate fear that stops many survivors from seeking help. Generally, law enforcement’s primary goal in a sexual assault investigation is to address the crime, not to inquire about immigration status. Furthermore, victims of certain crimes, including sexual assault, may be eligible for special visas (such as a U-Visa) that can provide a path to legal status. It is highly advisable to speak with both a crisis center advocate and an immigration attorney to understand your specific protections.

Frequently Asked Questions