More than 1,200 sexual assault survivors helped since 2023.
More than 1,200 sexual assault survivors helped since 2023.

Pressing Charges: What it Means & Common Misconceptions

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Video Transcript

Many individuals believe that survivors of any type of crime have the right to press charges against an individual. Unfortunately, this is not reality. The role of the survivor or victim of a crime is to potentially report to law enforcement if they so choose. And when they report to law enforcement, this essentially kicks off an investigation into what happened. Eventually, this information is shared with the state prosecutor and it’s the state prosecutor’s job to review all of the available evidence, information, and applicable laws and make a determination if they believe that the state can actually convict an individual based on the existing information. If they don’t believe they can or applicable statute of limitations are up, et cetera, they unfortunately cannot pursue and will not pursue criminal charges against the individual regardless of the harm that happens. This can be really hard for survivors to hear and to understand because they often think if they report to law enforcement, it means that the person will be convicted, and that’s just unfortunately not the reality.

One of the biggest things facing survivors in reporting is that it takes them years to come forward typically, and unfortunately with statute of limitations, it can often be a pressing matter for survivors. As it relates to all types of crimes, but especially sexually violence offenses, it’s important for individuals to understand the statute of limitations. A statute of limitations is essentially a set of laws that is the maximum time of individual can be prosecuted for an offense after it occurs whether in criminal or civil courts. And the statute of limitations varies across each jurisdiction here in the United States, and it also varies for each type of crime that happens and even the age of the victim of when it happens. Some states have extended their statute of limitations depending on the type of offense or if it was childhood sexual abuse.

It’s definitely important for survivors to keep updated because a window may open such as the New York Adult Survivors Act window or an upcoming one in Michigan. It’s important to remember that pressing charges in the case of sexual assault or violence, is complex and very emotionally challenging for those who do come forward. Survivors need support and resources and understanding whether they choose to come forward or not, but we think it’s really important to provide transparency about the process of reporting to law enforcement and what to expect within that process. Whether or not charges are pressed or the individual faces the conviction, it doesn’t change what happened to you and the healing that you deserve. Remember, the process of pressing charges in cases of sexual violence is incredibly complex and very emotionally challenging for survivors. Survivors need support whether they choose to report to law enforcement or not, regardless of the circumstances of their experience. If you or a loved one has experienced sexual violence and are seeking assistance or information, you can reach out to Helping Survivors, and we’re here to help.

Featured in this Video

Kathryn Kosmides

Survivor Advocate of Helping Survivors