Surviving Justice: Realities of Reporting Rape

What happens when you pick up the phone or go to the hospital and decide to report rape? No, really- what comes next? Will your rapist go to jail, or will your detective refer to the strangulation mark on your neck as a "hickey" in his report?Why is your case less than 1% likely to be prosecuted?Why is your rapist less than 5% likely to be arrested?Why is the "jury pool", aka society, the scape goat for all rape cases ending before they start?What kind of aftermath is the survivor left to deal with?This episode introduces this series about the realities of reporting rape from first contact with the system, investigation, prosecutorial decision-making, and what it all means for survivors to live in a society where their experiences are continually dismissed for generally all the wrong reasons.

Why are some sexual assaults never disclosed, or disclosed after a delay? How does the first response a survivor receives determine their long-term wellbeing, their likelihood to tell others, their likelihood to report to law enforcement, and their likelihood to stay involved in the criminal process? What are normal responses to traumatic events like rape? How do normal reactions to a traumatic event lead untrained officers and uneducated members of society to believe a victim is lying? What else is going on in the world of patrol officers that can lead them to not believe a sexual assault victim? And lastly, what can be done to fix this? Listen to learn.

On to the next phase of reporting rape: being interviewed by a detective. Will he or she have training in how to do this? It's not a requirement, so who knows! Listen to hear what kind of questions detectives might ask, what they are looking for when they ask them, and what a confrontation call is.

What does follow-up investigating look like in sexual assault cases? What are expectations we have vs. reality? Helpful hint: the difference is stark. Hear from those who are doing it right, and hear from those who have been failed, once again, by the system.All rights reserved.

What is probable cause? According to the law, a 51% benchmark. According to some captains in police departments, it's somewhere between 70% and beyond a reasonable doubt. In this episode, we talk through investigations from the stand point of probable cause for an arrest, what that looks like, how a case can be presented to a county attorney's office, and the importance of police writing excellent reports. Spoiler alert: they rarely do.

Drug-Facilitated Sexual Assault. How common is it? How do we dispel myths that the victim was just 'mistaken'? The answers are scarier than you'd think.Find Keith Graves, Drug Recognition Expert and all around amazing investigator's website at: https://gravesassociates.comAnd Twitter at @DopecopHe has a very intensive and incredibly useful DFSA course available on his site. Dear Chiefs of Police: Please invest.

Exceptional Clearance: What is it? It's supposed to be a last resort option when an arrest can't be made, but in practice, it's used far more frequently than intended. It negatively impacts victims and rape investigations. Listen along with investigative reporter Mark Fahey to learn more.

What factors go into the decisions that prosecutors make about whether or not to try sexual assault cases? Less than 1% of sexual assaults are tried nationally each year. Hear all of the excuses about why that is.

We already talked about trauma and survival instincts in the moment of the assault, but what happens to the brain in the days and weeks after the assault, and long-term? In what ways might it change a person short- and long-term? How does being involved in the criminal reporting system impact that level of trauma? What social impact does this have on the survivor and how can we all be better allies for healing?

What happens during a Sexual Assault Examination to collect and preserve evidence? How much control does a victim have over what happens- from contacting the police to giving blood samples? According to published best practices: all of it. Dr. Julie Valentine explains the history of forensic nurses, what happens during these exams, and dispels common myths around DNA evidence collection. A huge thank you to Julie Valentine, PhD and Forensic Nurse for sharing her insight.

The backlog is a decades-long police failure that they are now unjustly taking credit for fixing. DNA only counts when it is tied to other DNA found in CODIS after years of not arresting rapists, apparently. Victims voices are never enough unless its a 12:1 victim to rapist ratio. Learn about how the backlog harms cases, victims, and keeps communities vulnerable and unsafe. You can learn more at Endthebacklog.org and the documentary "I Am Evidence", from where some of the facts and examples used throughout can be found. The Joyful Heart Foundation is also mentioned throughout, an excellent non-profit that leads the End The Backlog program.

Sexual assault on college campuses is a pervasive problem. In part 1 of this 2-parter, learn about Title IX, the Clery Act, and how the reporting process is supposed to work. We cover student-student assault, faculty-student assault, and other kinds of power dynamics on campuses and how they can change the way a student decides to report or not. Learn how universities are often misleading in the amount of sexual assault they report related to the university, and how the system once again fails survivors.

How are campus sexual assault investigations deficient? Is there enough time in a day to answer that question? Learn about extended investigations designed to wear students down, the many ways that investigators fail to properly investigate, the burden that is placed on survivors far more than the accused, and what schools need to do to fix their transparency and accountability problems.

Learn about advocates and the different kinds- crisis advocates, community-based advocates, system-based advocates, as well as state sexual violence coalitions and rape crisis centers. Joined by Tasha Menaker, PhD, co-CEO of ACESDV to explain all of these things and their strengths and the need for them, as well as their shortcomings and limitations. We also dabble in conversation around Victims' Rights. This one begins with an incredible, powerful introductory poem and work of art by Vasha Van Heertum, "Blame It On The Karaoke", found on instagram @light_source_pics (accompanied by an amazing video), with permission.All rights reserved.

What are the long-term impacts/harm of both experiencing and reporting sexual assault? Dr. Rebecca Campbell walks us through the academic side, while Charlotte and Venus from the #girlslikeus podcast humanize what those impacts look like in every day life. We also talk about what it's like to experience victim-blaming and not being believed. Everyone has different impacts from this type of trauma, but we all share a similar deep pain.

Amy Morgan, MSC talks about trauma, healing, and post-traumatic growth with a great deal of wisdom. If you have questions about what healing truly is and what concrete steps you can take to start to heal, even with ongoing trauma, she has some great advice for you. Learn the difference between a struggle and a trauma, why that difference is important, and mostly, all about the nuances of dealing with trauma and trying to heal.

*Not a normal episode.* This is an uncertain time for everyone, but for survivors of sexual violence in the middle of their cases or in the middle of their healing, the world coming to a halt and being self-isolated can bring up all kinds of feelings. It can exacerbate depression, anxiety, etc, it may bring on unexpected feelings, the pause may bring back troubling thoughts or memories without the constant distraction of every day society, or being able to take a breather from the machine of life may feel like a helpful time to rest and heal. This episode speaks to all of these feelings and that they’re all okay, valid, and normal. No sense in feeling shame over things/feelings we can’t control. Let’s be here for each other during this unprecedented time. Stay healthy, stay connected to yourself and others, and be well.

Hear from multiple experts on how willful negligence from police to prosecutors and beyond has allowed sexual violence to persist. This is an issue of complete systemic failure. This episode is a recap on systemic failures and the people who fuel them that are responsible for allowing rapists to go free and rape to basically remain legal.

Welcome to Season 2! This season is different in tone and topic, focusing on sexual violence prevention, education, and awareness. The introductory episode will talk about future guests and will give an overview of what the current research is on prevention in the U.S. We'll cover funding from the Violence Against Women Act, how that funds the CDC Rape Prevention and Education Program, and learn about some public health models that drive evidence-based research and programming.

Brenda Tracy, RN, activist, speaker, and survivor joins for a talk about a lot of things! Hear her story, hear about her national Set The Expectation Campaign, why the Tracy Rule should be implemented everywhere, thoughts of restorative justice-type programs, and of course, her thoughts and vision towards preventing sexual violence. Go to settheexpectation.org to learn more, and follow her on Twitter and Instagram @BrendaTracy24.

Basketball coach Kip Ioane of Willamette University joins this week to talk about Teams of Men, his business with curriculum for athletes. Teams of Men is a curriculum made for male athletes to challenge long-held stereotypes and beliefs that ultimately lead to healthier expressions of masculinity. One facet of this program is preventing sexual violence with various content. Kip Ioane can be found on Twitter @Teams_Men, @CrossThe_Stream, and @KipIoane.

Mike Domitrz discusses his sexual violence prevention work that details consent, respect, awareness and education. We talk about being a secondary survivor and the impact that sexual violence has on families and communities of survivors. He also talks about his various work from the Can I Kiss You? campaign all the way through his current work today. Follow him on IG @MikeRespects and learn more and CenterForRespect.com. Additionally, download Voices of Courage (for free!) from VoicesofCourage.com-- a resource that I found super helpful!

M. Colleen McDaniel discusses her research on perpetrators of sexual violence, because you can't really stop rape without addressing the root cause: rapists. Learn about the Social Norms Approach, causal factors to perpetration, and a ton of interesting facts from McDaniel's field and research on sexual aggression.

Welcome to Season 3: Follow Up! This first episode gives a basic overview of what restorative justice is within the context of sexual violence. I'll go over the basics, some common misconceptions, and some questions asked by listeners about who is eligible and how the process works.Support the show (https://www.patreon.com/survivingjusticepodcast)

Vasha joins me today to talk about 'I May Destroy You', the series that wins all of the Golden Globes in our hearts. Michaela Coel's incredible series depicting the aftermath of surviving a drug-facilitated sexual assault in groundbreaking and has so much content to inspire conversations around sexual violence, so we thought we'd share our thoughts and how it related to our own experiences, too.Additionally, learn briefly about the Address Confidentiality Program in the United States- a way for survivors of abuse and assault to keep their address private, and the program's perks and shortcomings in a new segment entitled, "Available Services That Are Still Inadequate"!Check out Vasha's amazing work @courageous_v on Instagram.Support the show (https://www.patreon.com/survivingjusticepodcast)

Kyle Richard stopped a sexual assault in progress and got shot two times for confronting the perpetrator. Now the former SUNY Cortland football player is dedicating his life to ending sexual violence and speaking out about gun violence. He has many important messages to share about being an active bystander, embracing the wave of emotions that come with surviving trauma, and how we can all do our part to prevent violence.Support the show (https://www.patreon.com/survivingjusticepodcast)

Part 1 of 2: Aarefah and her sister Sayedah share their experiences with sexual harassment, discrimination based on race and religion, and Aarefah's sexual assault. Their stories exemplify how survivors are failed every step of the way while reporting to Title IX, police, and civil courts. While this all-too-familiar story is maddening and infuriating at every step, the sisters' persistence and courage while crossing every imaginable hurdle is wholly inspiring.Support the show (https://www.patreon.com/survivingjusticepodcast)

Let's do a rape trial without using or defining the word "rape"! Sounds fair, right? Aarefah and her sister, Sayedah, are back for episode 2 of Aarefah's reporting and legal system experience. Clearly, it was amazing! Nothing sets up a fair and unbiased trial like a "neutral" detective testifying against you, no use of the word "rape" even though that was the offense, and being threatened with jail by using the words "Me Too"... and 3 separate tries. Love that "justice" system. Sign Aarefah's petition and join the cause.Support the show (https://www.patreon.com/survivingjusticepodcast)

Abigail from NC shares her activism as a secondary survivor and gives us all hope for the future. Learn about BLOOM365 and other amazing local and national organizations from a youth leader! Celebrate Sexual Assault Awareness & Prevention Month with a message of hope and signs of Gen Z picking up the baton with a focus on prevention.Follow Abigail on Instagram @BringLoveAsheville and at @abigail_goldstein. Learn more about the BLOOM365 programming she offers at www.bloom365.org.Support the show (https://www.patreon.com/survivingjusticepodcast)

Imagine being raped, the rapist agreeing to a plea deal and getting convicted, and then a judge "misfiling" some paperwork so that all that trauma only led to a rapist going free without a trace. Taelor tells the story of how this exact scenario happened to her, and also talks about her journey to healing and the work she does now to help others process trauma.Support the show (https://www.patreon.com/survivingjusticepodcast)

Zahada and Krithi  joined me to discuss their powerful perspectives on sexual assault in the Peace Corps, experiences of BIPOC with Peace Corps and generally in society, and more.  Follow them on social media: Zahada is on Instagram at Onediasporacoalition and Krithi at decolonizingpc and kritterstagram.Support the show (https://www.patreon.com/survivingjusticepodcast)

Lauren of MeTooManyVoices and I discuss all kinds of things re: healing. Join us for a chat about our thoughts on forgiveness,  righteous anger, and a phrase that personally makes me want to vomit: 'Hurt people hurt people'. Like, unless you're a literal 5 year old, just stop.  Thanks to one amazing supporter for this topic idea, and to Lauren for sharing her wisdom!Support the show (https://www.patreon.com/survivingjusticepodcast)