According to the law, sexual assault occurs when a person knowingly or intentionally causes penetration of the mouth, anus, or sexual organ without consent. The law stipulates that consent has not been obtained if there has been the use or threat of physical force or violence, if the person is unconscious, unaware of the assault, has been administered a substance without their knowledge or is unable to appraise or resist the assault due to mental disease or defect. A victim is considered unable to give consent if he or she is under 17 years old.

Although it is important to understand the legal definition of sexual assault, it’s just as important to understand that sexual violence can come in many different forms. These can include unwanted harassment, exhibitionism, voyeurism, exploitation by those in authority and touching that does not include penetration. Sexual assault and sexual violence are often perpetrated by someone the victim knows: an acquaintance, friend, dating partner, spouse, or other family member. Sexual assault and sexual violence also frequently occur in relationships where domestic violence is present. These factors can lead to feelings of betrayal, shame, self-doubt, self-blame, and a desire for the event or behavior to “go away:”.

REPORTING TO LAW ENFORCEMENT

Victim Services recommends making a police report so that the assault may be investigated by law enforcement. The sooner a police report is made increases the probability of collecting substantial evidence for the case. Sexual assault cases are assigned to a detective for investigation. If sufficient evidence exists, the detective will submit the case to the District Attorney for prosecution of the offender. During this process, there are services available for victims to ensure their safety and emotional well-being. You may contact Georgetown PD Victim Services for more information (512) 903-3521 or to request information about the status of the case and information about victims’ rights.

CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEXUAL ASSAULT VICTIMS

Adult victims may choose a pseudonym to be used instead of his or her legal name in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. An adult victim who elects to use a pseudonym must complete a pseudonym form and provide it to the law enforcement agency investigating the offense.

NON-REPORTING TO LAW ENFORCEMENT

There are often safety and emotional concerns involved in the decision to report to law enforcement. Victim Services understands that victims must do what is in their best interest, and that does not always involve making a police report.

If you do not want to make a police report immediately after the assault, you can still access a medical exam to collect evidence from the assault if you decide to report the incident to law enforcement in the future. It is important to know that the exam may only be approved within 96 hours after the assault has occurred.

ABOUT THE SEXUAL ASSAULT FORENSIC EXAM (SAFE)

This is a forensic exam completed by a special trained Sexual Assault Nurse Examiner (SANE) who looks for evidence that might have been left by the suspect because of the assault. In the Georgetown area, SAFEs are currently completed through Brave Alliance. The Brave Alliance mission is to provide exceptional medical forensic examinations with a victim-centered approach to sexually and physically assaulted patients by collaborating with the community and bridging the gap between the medical and legal processes. Brave Alliance: (512) 738-8817 or https://bravectx.com/.

The exam usually takes up to a few hours to complete. It can be distressing to submit to a SAFE exam, especially so quickly after the traumatic sexual assault. Victim Services are often called to the hospital to help SAFE exam patients through the process. Local advocacy agencies also have hospital accompaniments for victims in need.

It is important to know that you may need medical treatment that is not included in the SAFE exam. Or, you may want a medical evaluation, but not the SAFE exam. If you need medical treatment, it is your right to receive proper care. Law enforcement can request EMS for you, or you may go straight to a hospital or MD without law enforcement, or you may seek medical treatment later. Be aware that medical expenses unrelated to a SAFE exam will be your financial responsibility. You may qualify for Crime Victims Compensation (CVC) to help with the cost with cooperation with law enforcement and prosecution. Victim Services can provide you with information about the CVC program.

SPECIFIED RIGHTS FOR SEXUAL ASSAULT VICTIMS

Art. 56A.3515. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE OR OTHER VICTIM’S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW.

(a) Before conducting an investigative interview with a victim reporting a sexual assault, other than a victim who is a minor as defined by Section 101.003, Family Code, the peace officer conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program, as defined by Section 420.003, Government Code, be present with the victim during the interview, if the advocate is available at the time of the interview. The advocate must have completed a sexual assault training program described by Section 420.0ll{b), Government Code.

(b) If an advocate described by Subsection (a) is not available at the time of the interview, the peace officer conducting the interview shall offer the victim the opportunity to have a crime victim liaison from the law enforcement agency, a peace officer who has completed a sexual assault training program described by Section 420.0ll(b), Government Code, or a victim’s assistance counselor from a state or local agency or other entity be present with the victim during the interview.

(b-1) The peace officer conducting an investigative interview described by Subsection (a) shall make a good faith effort to comply with Subsections (a) and (b), except that the officer’s compliance with those subsections may not unreasonably delay or otherwise impede the interview process.

(c) An advocate, liaison, officer, or counselor authorized to be present during an interview under this article may only provide the victim reporting the sexual assault with:

(1) counseling and other support services; and

(2) information regarding the rights of crime victims under Subchapter B.

(d) The advocate, liaison, officer, or counselor and the sexual assault program or other entity providing the advocate, liaison, officer, or counselor may not delay or otherwise impede the interview process.

(e) A sexual assault program providing an advocate under Subsection (a) shall pay all costs associated with providing the advocate. An entity providing a victim’s assistance counselor under Subsection (b) shall pay all costs associated with providing the counselor.

(f) A peace officer or law enforcement agency that provides an advocate, liaison, officer, or counselor with access to a victim reporting a sexual assault is not subject to civil or criminal liability for providing that access.

Art. 56A.402.  REFERRAL TO SEXUAL ASSAULT PROGRAM.  (a)  At the time a law enforcement agency provides notice under Article 56A.401, the agency shall provide, if the agency possesses the relevant information:

(1)  a referral to a sexual assault program as defined by Section 420.003, Government Code; and

(2)  a written description of the services provided by the program.

(b)  A sexual assault program may provide a written description of the program’s services to a law enforcement agency.

The Georgetown Police Department currently refers sexual assault victims to Hope Alliance. Hope Alliance believes that physical, sexual, emotional, and psychological abuse of one human being by another is unacceptable. The agency believes that all abuse perpetrated by one towards another diminishes or prohibits the full expression of life and growth that is every person’s right. Hope Alliance’s Vision is to provide hope to future generations through prevention, and by leading the field in saving and transforming lives affected by family and sexual violence.

The Mission of Hope Alliance is to assist those whose lives have been affected by family and sexual violence by providing services, safety and developing partnerships that lead to hope, healing and prevention. 24-Hour Hotline: 1-800-460-SAFE (7233) or www.hopealliancetx.org at 1011 Gattis School Rd., Suite #110 Round Rock, TX 78664 (512)-255-1212)

All services are provided confidentially and free of charge. Hope Alliance has a 24-Hour Hotline (1-800-460-7233) (SAFE) The services that are provided through Hope Alliance are: Crisis Intervention, Emergency Shelter, Case Management, Individual Counseling, Support Group Counseling, Legal Advocacy, Hospital Accompaniment, Prevention Education, Community Education, and Professional Training.