Legal Information

Many people are intimidated by the thought of reporting the assault to the police. Remember, law enforcement agencies are there to help you learn about your options and to help you protect yourself from further violence.  The Butler County Rape Crisis Program provides a designated, experienced staff member to assist victims of sexual assault who are considering pressing charges against their offenders.  To learn more about how we can help you, please check out our Rape Crisis Program Law Enforcement Liaison link.

Making a Police Report

What will happen if I call the police?
If you go to the hospital for an examination, hospital staff will call the police for you, at your request.  In most cities, the police department will send one or two uniformed officers in a patrol car to take a report, obtain various kinds of evidence, and assist you in getting the services you need. In Ohio, the officers who respond will have had special training in how to help sexual assault victims.

During the first interview, the officer will ask you some basic questions about the assault. It may be difficult to recall some of the details, and some of the questions may remind you of the most painful aspects of the assault. It's important for you to understand that the police ask specific questions because it is important to document the crime fully and to identify all the forms of abuse you suffered. If you feel uncomfortable or are embarrassed by any of the questions, you have the right to ask the police to explain the reasons for the questions to you and explain how your answers will be helpful. In addition, an advocate or a friend can accompany you to provide emotional support during the interview.  In Butler County, our Rape Crisis Program volunteers and staff are trained to help in these situations.

The police officer you speak with will prepare a written report, using the information you give them. This information will be passed on to a detective, and the case will be investigated.  The detective will need to speak with you to obtain further information that could help in the investigation, and will ask you to sign a written report of the crime.  You should review the report before you sign it to make sure that it is accurate.  If your assailant is arrested and prosecuted, your report may be used during a court trial. You can request a copy of the report for your own records.

How will the police respond?
Law enforcement officers can assist you in getting a medical examination, as well as help you resolve concerns about your personal safety. Most police departments work cooperatively with rape crisis centers to help address your needs for support, financial help, counseling, or shelter options if needed.

If you contact the police shortly after the assault (within 72 hours days), they will usually recommend that you receive immediate medical care, even if you do not have any apparent physical injuries. This is important for your own safety and well-being, as well as for purposes of evidence collection. If necessary, the police can help with transportation to a nearby hospital emergency department for a sexual assault examination. When you go to the hospital or clinic, bring a complete set of clothing with you, if possible, because the clothing you were wearing at the time of the assault may be collected as evidence.  To learn more about medical issues and medical care, please see our Medical Information page.

In most communities, police officers have had special training in assisting sexual assault victims.   In Butler County, our Rape Crisis Program staff or volunteers can accompany you when you make a police report.  Our professional Law Enforcement Liaison, Jane Hess, has established cooperative relationships with Butler County police departments, enabling her to assist you through the criminal justice process.  To learn more about how Ms. Hess can help, please see our Law Enforcement Liaison page.  

What should I do if I am not sure that I want to make a police report?
Talking about your concerns with a rape crisis counselor (in Butler County, we call these counselors "Victim Advocates") who is trained to help sexual assault survivors can be very helpful. Rape Crisis Program Victim Advocates should never pressure you to press charges.  Instead, it is their role to help ensure that you have information about all of your options and help you understand your choices.  Victim Advocates will support you in making the decision that feels right to you.

In Butler County, our Law Enforcement Liaison, Jane Hess, can also be very helpful for those who have questions or concerns about the process.  When you call a rape crisis center or a hotline, your call is confidential.   There are only a few exceptions to this confidentiality pledge, including cases involving the abuse of a child which must be reported, valid medical emergencies, or future court orders in the event that you do press charges. 

In Butler County, you can reach one of our Victim Advocates by telephoning is at one of the hotline numbers listed at the bottom of this page.  Elsewhere, you can find rape counselors at a rape crisis center or through a hotline. You may want to look in the telephone yellow pages under "Rape," or ask the Directory Assistance operator for the number.  Nationwide, you can also call RAINN, the Rape, Abuse, and Incest National Network, at 1-800-656-HOPE.  When you call this number, RAINN will automatically direct your call to a rape crisis center in your area.  Most rape crisis centers do not charge for counseling or advocacy services.

What are some reasons for making a police report?
To regain your sense of personal control: Many victims say that after a sexual assault, they are left with feelings of powerlessness. Often, survivors begin to feel better when they find ways to regain their sense of personal power and control. Making a police report is one way to do something about what happened to you. Taking action can help to give you a sense of empowerment.  And when you make a report, you have the opportunity to get the best possible assessment of your legal options from a detective assigned to your case.  Until you consult with law enforcement, you can only guess about the chances of successfully prosecuting your case.

To help protect yourself:  When you make a police report, you can enlist the police department in helping you ensure your safety.  At your request, police officers can do a great deal to help you both feel safer and be safer, especially if the assault happened at home, or if the assailant is someone you knew.

To document the crime that was committed against you: By making a police report, you will be creating a formal, legal record of the crime that was committed against you. Even if you are unsure at the moment whether or not you want to participate in the prosecution of your assailant, the police report will be useful if you later decide that you want to do so.  Making the report helps to keep your options open. 

To preserve evidence of the assault: Within 72 hours after the assault, specially trained hospital emergency department staff can assist you in getting a specialized medical examination. During the examination, these staff (known as Sexual Assault Nurse Examiners or "SANEs") will gather physical evidence of the crime and document these findings in a medical record. Like a police report, a medical record may provide valuable evidence if your case is brought to a court trial.

To protect others from being raped: Most rapists are repeat offenders. They commit a large number of crimes, and they hurt many people. Your report may help the police arrest and prosecute a sex offender, which in turn may help prevent others from being sexually assaulted.  It's worth thinking about.  But only you can make the decision about what to do in your situation.

Can someone go with me when I make a police report?
A friend or family member can go with you to make a police report.  You may also have an advocate from a rape crisis center accompany you to provide emotional support and to help make sure that the police are sensitive to your needs. Most rape crisis centers provide advocate services free of charge.

In Ohio, sexual assault victims have a legal right to have a supporter, such as a Victim Advocate, present during any interviews with the police. To find out about your rights in other states, you can contact a local rape crisis center or the police department.

Can I request a female officer? Can I request someone who speaks my language?
You may specifically request a female or male police officer. However, not every department is able to meet your request.  Remember, too, it is in your best interest to work with the most skilled investigator available, regardless of their gender. 

Similarly, you can request an officer who speaks the language that is most comfortable for you. If one is not available, the department will make every effort to find an appropriate interpreter.

When should I call the police?
Call the police as soon as possible following a sexual assault. The sooner you make your report, the more likely it is that the police will be able to collect important evidence and apprehend the assailant.  A prompt report also strengthens the case for prosecution. However, even if some time has passed since you were sexually assaulted, it is never too late to make a police report or to seek help from other victim assistance agencies.

If I didn't make a police report immediately, is it too late?
It is never too late to make a police report or to seek help.  Many sexual assault victims do not report the crime immediately. A delayed report is better than no report at all. It is important to realize that any delay in reporting makes prosecuting your case more difficult.  But many survivors have found that making a late police report -- days, weeks, months, or years later -- helped them to feel a sense of empowerment and resolution.  Even if your case cannot be successfully prosecuted, your report may help the police identify a crime pattern or catch an assailant who has attacked other victims, since most rapists are repeat offenders.

What if I remember more details after I make the initial police report?
You can contact the police to provide them with the additional information. Immediately after the assault, you may have been too upset to remember everything that took place. Although difficulty recalling details is distressing, it is a very common reaction to a traumatic experience. Many survivors recall more details in the days and weeks following the assault.

Do rapists retaliate against victims who call the police?
Although some rapists threaten to retaliate physically against their victims if they report the crime to the police, retaliation rarely occurs.  And it is important to remember that, if you do not make a police report, you may also be at risk from an offender who believes you will remain silent even in the face of further attacks.  Talk to detectives about your concerns.  They can help you assess any risk of retaliation, and take steps to help protect you against further violence.

Do rape victims have legal rights and protections in the criminal justice system?
Ohio and many other States have enacted laws that give sexual assault victims specific rights and protections in the criminal justice process. For example, "rape shield" provisions help to protect victims from being asked questions in court about their past sexual history. Other laws can help to ensure that the names, home addresses, and telephone numbers of victims who request confidentiality do not become public.

In Ohio, victims are permitted to have one or more persons of their choice accompany them to preliminary hearings, trials, and other court proceedings. If your assailant is convicted, you have the right to make a "victim impact statement" at the time of the sentencing hearing. And in Ohio and many other states, you have the right to be notified when your assailant is eligible for parole and release from prison, and the right to speak at parole hearings. In Butler County, our Law Enforcement Liaison is available to help you understand your rights throughout the criminal justice system.  You may also wish to see our Victims Rights in Ohio page.

This page is still being developed.  We plan to add further information on the following topics soon:

-Understanding Forensic Evidence in Sexual Assault Cases
-Outline of the Criminal Justice System in Ohio

Commonly Asked Questions About Sexual Offender Registration in Ohio

What if an offender moves to another state?

If the new address is in another state, the person must register with the appropriate law enforcement officials in that state in the manner required under the law of that state.  The offender must register 7 days prior to changing the address unless an earlier period of time is required under the law of that state.

How frequently does the offender have to register?

The Sexual Predator must register every ninety days after the offender’s initial registration date during the period the offender is required to register.  Habitual Sex Offenders register annually for 20 years, and Sexually Oriented Offenders register annually for 10 years.  The offender must personally appear before the sheriff or a designee of the sheriff, no earlier than 10 days before the date on which the verification is required.  The offender will complete and sign a verification form which will then be sent to Ohio's Bureau of Criminal Identification & Investigation (BCII) where it will be entered into the state registry of sex offenders.  

If an offender fails to register by the required date the sheriff will send out a written warning to the offender regarding the offender’s duty to verify the offender’s current address.  The offender then has 7 days from the date the warning was mailed to register with the sheriff of that County or face criminal prosecution for a failure to timely verify a current residence address.

What happens at a sexual predator hearing?

The offender and the prosecutor shall have an opportunity to testify, present evidence, call and examine witnesses and expert witnesses, and cross examine witnesses and expert witnesses regarding the determination as to whether the offender is a sexual predator.

What factors are included in making a determination as to whether the offender is a sexual predator?

The offender’s age, the offender’s prior criminal record re: all offenses, the age of the victim, whether the offense for which the offender is being sentenced involved multiple victims, whether or not the offender used alcohol or drugs to impair the victim or to prevent the victim from resisting, whether the offender participated in available program if convicted of a previous criminal offense, including a sex offense, mental illness or mental disability of the offender, the nature of the offender’s sexual conduct, sexual contact, or interaction in a sexual context and if they were a part of any demonstrated patterns of abuse, whether the offender displayed cruelty or made one or more threats of cruelty during the commission of the offense, and any additional behavioral characteristics that contribute to the offender’s conduct.

How is it determined that the offender is no longer a sexual predator?

The sentencing judge or that judge’s successor in office may determine that an offender is no longer a sexual predator.  If the offender is sentenced to a prison term, the offender may file a petition no earlier than one year before the offender’s final release from imprisonment.  After the initial filing, if the petition is denied, the offender may not file another petition for five years after the court has entered an order denying the most recent petition.  If the offender is not sentenced to a prison term, the offender may file a petition 1 year after the entry of the judgment of conviction.

Can a victim be notified of the offender’s registered addresses?

The victim can be notified of the offender’s address if the victim has made a specific request to do so with the prosecutor.  The sheriff shall notify the victim, in writing, that the offender has registered and will include the offender’s name and address(es).  The sheriff will provide notice to the victim at the most recent residence address and no later than 72 hours after the offender has registered.

Who is notified that the offender is a sexual predator?

Those entities that will be notified include school superintendents, police chiefs, sheriff, neighbors (defined as those immediately adjacent to the offender’s property, or in the case of apartment dwellers, neighbors that share the common hallway), day care operators, public children services agency, and the president of each institution of higher education and there respective chief law enforcement officer.  Those officials that will be notified are those within the “specified geographical notification area”.

Note:  If an offender is convicted or pleads guilty to a sexually oriented offense that is a sexually violent offense and is also convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment this automatically classifies the offender as a sexual predator, and therefore no hearing will be held.