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What To Do After A Sexual Assault

If someone you know experiences a sexual assault, you are not alone.

Help is available, regardless of what you choose to do next. You’re not alone, you’re in control, and New York has your back.

If you are injured or in immediate danger, find a safe place and call 911

Don’t wait to get medical care.

You have a right to receive certain medical care related to the assault and have evidence collected at no cost to you.

The sooner, the stronger. You have time to make a decision on whether or not you’d like to file a police report, but there is limited time to access effective medical care and to preserve evidence.

You’re in control of your treatment. You can have evidence collected and get medical treatment, just do one, both, or none.

Once you are at the hospital, you are in control of your treatment and what happens next. You may wish to seek medical attention to treat any possible injuries, to check for injuries you may not be able to see, and to access medications to prevent sexually transmitted infections and/or pregnancy.

Preventative Medications: If you are over 18 years old, you are eligible to receive a 7-day dose of medication to prevent HIV after a possible exposure (referred to as HIV Pep) at no cost while in the emergency room. Survivors younger than 18 are provided the full regimen of HIV PEP at this time.

The sooner, the stronger. These medications are not effective more than 3 days following a potential exposure.

Evidence Collection: You may wish to have evidence collected at no cost using a Sexual Offense Evidence Collection Kit (sometimes referred to as a rape kit) but it is not required. The kit collects and preserves DNA evidence from your body and clothing (or other personal items), which can assist law enforcement if you decide to report the crime. Reporting to police is not mandatory, however, and should never prevent someone from seeking medical care. New York providers are required to retain sexual offense evidence collection kits for 20 years.

The sooner the exam, the stronger the evidence. 

It is best to avoid showering, bathing, douching, or brushing your teeth until after you have received medical attention. Avoid changing your clothes or save all clothing from the time of the assault in a paper bag.

Evidence collection is strongest within the first 4 days following an assault.

You’re in control of your body. You can skip, pause, or stop the exam at any point.

You can skip any portion of the exam or stop at any time during the process if you feel uncomfortable.

You’re in control of what happens next.  If you want to report now, later, or never. It’s your choice

You do not need to file a police report to have an exam conducted and evidence preserved, but the process gives you the chance to safely store evidence should you decide to report at a later time. New York providers are required to retain sexual offense evidence collection kits for 20 years. 

You’re not alone. An advocate can be with you every step of the way. 

Advocates offer free, confidential services.  The hospital will inform you of available services through a local rape crisis or victim assistance organization and, with your consent, will contact them to have an advocate meet you at the hospital to accompany you through the entire process.

An advocate can also explain reporting options, serve as a resource for completing necessary paperwork, and help you understand processes and procedures so that you can make the most informed decisions for your care now and in the future. Rape crisis and victim service organizations may also be able to provide services beyond your immediate needs including counseling, support services, accompanying you to report to law enforcement, or (when relevant) campus reporting procedures.

New York has your back.Exams and related medical care for survivors of sexual assault are available at no cost. 

Regardless of whether or not you have medical insurance, you have the right to receive forensic rape exam related services in New York State at no cost.  You have the option to request that your medical provider bill OVS directly for forensic rape exam related services if you do not have  private health insurance or do not want to use your private health insurance for privacy reasons.

This includes medical care for the assault, preventative medications and treatments for pregnancy and sexually transmitted infections, and Sexual Offense Evidence Collection Kits.

Reimbursement For Additional Medical and Personal Expenses

The New York State Office of Victim Services may be able to assist with other expenses beyond just the initial exam including additional medical expenses, HIV PEP beyond the 7-day supply, loss of earnings, counseling expenses, loss of essential property, reasonable court-transportation expenses in connection with the prosecution, and moving expenses.

An advocate will be able to help walk you through the process or direct you to the proper resources to explain which expenses are and which expenses are not eligible to be reimbursed.  

In New York a sexual assault victim who receives a sexual assault forensic exam does not need a police report to request additional compensation from the NYS Office of Victim Services

Additional Resources and Information

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