Sexual Assault in South Dakota: Survivor Help, Exams & Legal Options
Sexual assault can take many forms, but one thing remains the same: IT’S NEVER THE SURVIVOR’S FAULT. The term sexual assault refers to sexual contact or behavior that occurs without the consent of the survivor, including penetration, no matter how slight, of the vagina or anus without any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Attempts to commit rape are also considered sexual assault.
Your safety is important. Are you in a safe place? If you’re not feeling safe, consider reaching out to someone you trust for support. You don’t have to go through this alone. Trained advocates can provide confidential, non-judgmental support and help you understand your options. Advocates can assist with safety planning, accompany you to medical exams or court, and connect you with additional services.
Sexual Assault Facts
It’s important to remember that the victim is NEVER to blame for the actions of the perpetrator. Sexual assault is an act of power and control. Sexual assault may be carried out by anyone, including family members, friends, acquaintances, or strangers. Approximately 3 out of 4 sexual assaults are committed by someone the victim knows. Perpetrators of sexual assault use manipulation and threats to commit their crime, and often use alcohol and drugs to incapacitate victims.
Immediate medical attention allows for the collection of evidence for a criminal investigation, called a sexual assault kit. Specially trained staff complete a sexual assault kit to collect evidence for use in future prosecution. Your nurse, doctor, or advocate can explain exactly what this would entail.
A sexual assault kit is best completed within 6 hours of the assault, though evidence can be collected up to 120 hours after (5 days).
Am I required to have a sexual assault exam completed?
No, you are not. The hospital also cannot refuse to complete the exam if you are undecided about prosecuting your perpetrator.
Will I need to make a police report?
No, you can choose to be treated in an emergency room and/or have a sexual assault exam completed without talking to police.
If you are currently unsure about prosecuting, having a sexual assault exam completed will help keep your options open at no cost to you. Evidence can be kept for a year as you consider these options. Hospital personnel will inform you exactly how long evidence will be stored. The sexual assault exam CANNOT be released to the police without your signature on the authorization form.
You can also choose to get your exam completed anonymously as a “Jane Doe” kit
What should you do? Seek Medical Treatment
Getting immediate medical attention is important if you have been sexually assaulted. You may have physical injuries or may want testing and medication to rule out or prevent STIs, as well as an oral contraceptive to prevent pregnancy. You do not have to go alone. A friend, relative, or your advocate can accompany you to the hospital. Will I have to pay for the medical exam? No, you won’t. As a victim of crime, You have the right to The county in which the crime was committed will pay for the exam. Other charges may be covered by victim compensation.
Legal Concerns
“I am concerned about talking to the police if I was using drugs and/or drinking alcohol.” It is critical that you are truthful with the police, so they can understand the full extent of the crime, such as if it was alcohol or drug facilitated. South Dakota law defines sexual assault by the action of the perpetrator, not the victim. There is a specific law that states the victim does NOT have to resist for it to be considered rape. As a sexual assault victim, you have rights in South Dakota, both Constitutional Rights (Marsy’s Law) and Statutory Rights.
Things you may be Feeling
Survivors of sexual assault experience a wide range of reactions. It is important for you to know that your thoughts and emotions are okay. Your reactions are your own way of coping with the crime that has been committed against you.
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Advocates are trained to help you with a variety of these issues.
Available services include counseling, clothing, and household assistance.
Sign up for SAVIN to receive arrest notices and updates at http://savin.sd.gov/
For survivors who need civil legal assistance related to:
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Domestic violence
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Dating violence
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Sexual assault
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Stalking
These services are free to survivors, depending on availability of resources.
Please note:
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Court filing fees or other costs may still apply
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There is no guarantee an attorney can take a case
Legal issues may include:
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Custody and parenting time
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Divorce or separation
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Protection orders
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Housing or employment issues
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Other civil legal matters related to abuse
East of the Missouri River:
Survivors living east of the Missouri River may be eligible for services. For more information or to request a referral, please contact your local domestic violence shelter or agency, or call The Network at 605-731-0041.
West of the Missouri River:
Survivors living west of the Missouri River may apply for services through Working Against Violence, Inc. (WAVI) in Rapid City. To apply, please contact WAVI at 605-341-3292.
More resources:
South Dakota Sexual Assault Exams – What You Should Know
Sexual Assault Exam Information
Sexual Assault Guide
This project is supported by Grant Number 2016-WE-AX-0003 awarded by the Office of Violence Against Women, U.S. Department of Justice. Its content are solely the responsibility of the authors and do not necessarily represent the official views of the U.S. Department of Justice.