Consequences of reporting

Inform patients about reporting consequences. Prior to making a decision about reporting, patients need information about issues related to reporting. For example, they should be informed of the following: 
  • The contents and process of reporting;
  • Procedures dealing with reporting in the jurisdictional protocol for immediate response to sexual assault;
  • Whether health care personnel are bound by law to report the assault;
  • The fact that the report will most likely trigger an investigation and possible prosecution;
  • The medical and forensic purposes of the exam and how evidence gathered could be used during investigation and prosecution;
  • Types of evidence (beyond that found on patients) that may be gathered during an investigation;[1]
  • The fact that delays in reporting, especially extended ones, can result in loss of evidence and may negatively affect the ability of the criminal justice system to investigate and prosecute a case;[2] 
  • Practices regarding prosecution of sexual assault victims for unrelated criminal charges;
  • Potential outcomes of criminal justice system interventions, such as possible sentences should assailants be convicted and the possibility of restitution for victims;
  • The right to accept or decline exam procedures and the possible consequences of declining;
  • The right to copies of any communication or report issued to law enforcement and procedures for accessing such data;
  • Policies related to payment for the exam, evidence collection, and medical care, whether or not a report is made; and
  • Policies on collecting/holding evidence in cases where patients are undecided about reporting, and, if evidence can be collected with no report, the amount of time they have to make a reporting decision. 
[1] For example, other evidence may be found at the locations of the seductions/lures, locations of actual assaults, locations victims went to immediately after the assaults, and the suspects’ bodies. 
[2] Prompt reporting can facilitate a thorough investigation. Collecting evidence from patients is but one piece of investigative information gathering. Other investigative activities may include, but are not limited to, identifying and collecting evidence from all crime scenes; identifying, apprehending, and interviewing suspects; interviewing witnesses (both eyewitnesses and persons to whom victims initially disclose); obtaining search warrants as needed (e.g., to search for drugs that might have been used to facilitate an assault or for evidence used during an assault such as clothing, ropes, or condoms). Investigative activities depend on the specifics of each case.


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