What are the steps to be taken if you are the victim of sexual assault or rape? What are the competent authorities? How to file a complaint and how does the procedure take place? Responses elements.
The Harvey Weinstein affair caused a shock wave worldwide. So in France, the number of complaints filed for sexual assault or rape has increased considerably since October 2017, months of the revelation of the scandal. The latest official figures from the Ministry of the Interior indicate an increase of 31.5 % compared to October 2016. Victims speak more: good news? It should be recalled that only 10 % of women victims of rape file a complaint and that a woman in two victim of rape or attempted rape does no procedure, according to an INED investigation. In question? Guilt, fear of reception at the police station or not to be listened to, long procedures that may not succeed … So many reasons that discourage victims of sexual assault. However, it is important to do it and speak for a survey to be carried out. How does a complaint with the authorities take place? What should we prepare upstream? What’s going on after?
The victim must go to the police station or the geographically closest gendarmerie, any day of the week and at any time, with his identity document. The file will be transferred to the territorially competent service if necessary. Authorities can in no case refuse to take the complaint. It is possible to be accompanied by a loved one if it reassures. Otherwise, most police stations work with associations specializing in the rights of women and social workers (lawyers, psychologists …) which explain how the procedure will take place or give legal advice. The first declaration is essential and it is better not to be mistaken: if possible, it would be necessary to file a complaint as quickly as possible.
Since February 2017, rape victims can file a complaint up to 20 years from the date of the facts. For minors, the limitation period is brought to 20 years after the majority (up to 38 years). For sexual assault other than rape, the major victim can file a complaint up to 6 years after the facts. If the offense was committed on a minor, the victim may file a complaint up to 20 years after the date of the facts (up to his 38 years).
The declarations of the victim or witnesses, the messages (emails, SMS, etc.) exchanged with the aggressor, photos or recordings which prove the facts, stained panties of sperm can be brought to participate in the manifestation of the truth. If the assault has occurred at home, it is better to touch anything and leave everything there. There is no need to go to the hospital upstream: some police stations work in collaboration with certain institutions and samples are made in stride. In the event that the victim goes to the hospital first, the doctor himself contacted the police or gendarmerie services. If the assault has been committed in public transport, the police can seize the videos filmed by the security cameras, as well as testimonials from users.
The victim is heard by a police officer who transcribes the declarations to reconstruct the facts. The police official will ask questions, sometimes intrusive, about how the victim was dressed and sometimes even his underwear. It is not a question of suggesting that the outfit was incappropriate, but of ensuring that the declarations agree with those of the aggressor, if he is arrested. In the event that the case is brought before a court, lawyers for the opposing party could lift the faults. In the event that the victim does not feel comfortable or is badly welcomed by a police officer, he can ask to speak to another agent, or a psychologist. It is advisable to reread the minutes well at the end of the deposition, to ensure that everything is in conformity.
The deposition is transmitted to the public prosecutor. The latter decides how to qualify the alleged facts, whether to open an investigation, if the aggressor must be left free or in preventive detention (depending on the seriousness of the offense committed). The victims are not specially protected while waiting for a possible trial. On the other hand, in the case of domestic violence of protection devices exist, such as the Grand Danger telephone. Associations that work in concert with the police can follow the victims and give them advice. If after the filing of a complaint, the victim receives threats or is intimidated, he must point out to the authorities: this is an offense punishable by the penal code (article 434.5) which can worsen the charges.
This information was collected from the national police.
