Sexual Assault is one of the most underreported crimes in the United States.
Data from RAINN also states approximately four out of every five victims know their perpetrator, which makes the situation even more unnerving for the victim.
To some of the victims it becomes less about physical injury and more about dominance and control. If a victim denies it, maybe it didn’t happen.
However, this is not the only reason these crimes go unreported.
“I used to believe in the legal system until I got raped,” survivor Samantha Smith said*.
During her sophomore year of college, Smith was sexually assaulted by someone she knew at a party.
Smith said, after hours of being encouraged by friends, she went to the hospital to be examined (in the case of sexual assault this includes a rape kit).
“The rape kit itself is very invasive,” Smith said. “They search your entire body, scraping and searching. It almost feels as if you are going through the terrible experience again, but for a couple of hours.”
A rape examination is performed by, when available, a Sexual Assault Nurse Examiners (SANE) a provider.
“It is our job to contact the police to do further investigation,” SANE and Pediatric Quality Coordinator at OSF Saint Francis Medical Center Peoria, Stefanie Clark said. “We take sexual assault cases very seriously, so we hope that police do the same.”
Smith assumed the kit would be immediately processed via the legal channels and after the police interrogation. It was not.
“My assault happened over a year ago,” Smith said. “I am still waiting on results.”
Smith is not alone. According to the Chicago Tribune, 4000 rape kits collected between the years of 2009 and 2012 were left untested by numerous Illinois police departments dating back decades.
“It has gotten better in the past few years,” Registered Nurse at Swedish Covenant hospital in Chicago Margaret Simmons said, “but it can still take a year to complete the process.”
As old kits were being disposed of, new rape kits arrived. This created a new backlog, which concerns advocates like Sarah Layden of Rape Victim Advocates.
“The major backlog reduces the chances to solve cases in a timely manner,” Director of Advocacy Services Chicago Rape, Sarah Layden said. “The victim does not have an access to their results, so it just becomes a waiting game.”
Currently victims, like Smith, could be waiting up to two years before hearing whether or not they have a case.
Even then, the hurdles continue.
“After the rape kit has been tested and DNA has been found, the state doesn’t go ahead with these cases,” Layden said. “The police feel there is a lack of evidence or an inability to identify the perpetrator.”
This flaw in the justice system allows the perpetrator to avoid punishment and commit the crime again.
“Most people base real life off television shows like ‘CSI’ or ‘Judge Judy,’ Medical Advocacy Coordinator at the Center for Prevention of Abuse Peoria, Nancee Brown said.“They think there should be ripped clothes and visible bruises, which is completely ridiculous.”
As most sexual assault cases do not result in external physical injuries most prosecutors will take a while investigating the situation, worsening the harm to the victim.
Even then, prosecutors may find there is no sufficient evidence to go forward with the trial, making the situation even more traumatizing.
“It breaks my heart to know justice may not be served,” Smith said. “I sometime wonder if I should even go forward with the report or just let it go.”
The tedious process does not allow the victim to fully heal, especially with their alleged perpetrator roaming free.
“There is a long road ahead of us,” said Layden. “There has to be serious amendments put in place to make major progress.”
Nurses in Illinois and Smith are hoping the state budget in 2017 will allow the process to run smoother.
“Along with this budget,” Simmons said. “In the next several months Illinois State Police will begin to ship hundreds of cases to outside venders to cut down on wait time.”
Smith said she hopes the increased budget will move her case along and her perpetrator will brought to justice.
“This haul is a long one,” Brown said. “This process should be taken very seriously. Rape is rape, and it shouldn’t happen to anyone.”
*For the sake of the survivor’s privacy, the name was changed.
Watch this video and learn more about how Bradley views Sexual Assault.
The Waiting Game. How long does the Sexual Assault process really take?
Click on this timeline to find out more.
http://www.tiki-toki.com/timeline/entry/647708/The-Waiting-Game-/