- Rape
What is rape?
The Commonwealth of Massachusetts defines rape as:The penetration of any bodily orifice without consent and with force or threat of force. Penetration can be with fingers, objects or penis to the vagina, mouth or anus.
In addition in Massachusetts it is illegal to have sex with someone who is incapable of giving consent because:
they are intoxicated
they are unconscious
they are mentally incompetent
What to do if you are sexually assaulted/raped: Important and time sensitive information
1. Get to a safe place.
2. If you want evidence collected do not bathe, shower, brush your teeth or go to the bathroom. This is important for preserving evidence.
3. Do not change your clothes (if you already have, put your clothes in a clean paper bag such as a grocery store bag and bring them with you to the emergency room).
4. Go to the emergency room, preferably at a Sexual Assualt Nurse Examiner (SANE) designated hospital. This must be done within 5 days of the assault.
5. If you are at a SANE Hospital the emergency room will page the on-call SANE and the Boston Area Rape Crisis Center (BARCC) Medical Advocate at these hospitals. If you are not at a SANE designated hospital you can still request an Advocate by calling the BARCC hotline, (617) 492-RAPE (7273). BARCC Medical Advocates are certified rape crisis counselors who provide information and support to the survivor and/or family at the hospital. Advocates provide support throughout the entire forensic exam if the survivor wishes. They can also be helpful with safety planning, arranging transportation, and with follow-up plans.
6. If you suspect you were given any type of drug you should be tested ideally within 24 hours of ingestion.
7. If you want to have a pregnancy prophylaxis, you must begin the medication within 72 hours.
8. If you are going to take a HIV prophylaxis, you must begin within 36 hours.
9. If you want evidence collected you must go to the emergency room within 5 days. The rape kit will be held anonymously at the state crime lab regardless as to whether you make a police report for 6 months. If you make a report within 6 months, the kit is analyzed when it is needed for the investigation. Both the prosecution and defense have access to the results.
10. If you think you want to make a police report, the sooner you report the better. Legally, you have three years to file a civil suit and 15 years to file a criminal suit.
11. If you make a police report or file a restraining order within 5 days you can file for victim compensation to cover medical costs. A victim compensation claim must be filed within 3 years of the assault. Once a victim compensation claim is open you can request expenses be reimbursed at any time in the future. (Note: it is a good idea to open this claim even though you may not feel you need it now. By having the claim, you can be assured that unforeseen expenses will be reimbursable).
12. Get support. No matter what decisions you make, you have done the best you can. You deserve to have all resources available to you. Contact BARCC for help at (617) 492-RAPE (7273). Additional resources are also available.
Which hospital should I go to?
BARCC works closely with a team of nurses called S.A.N.E.s (Sexual Assault Nurse Examiners). These nurses are specially trained and provide excellent care to rape survivors. Currently SANE nurses are on call at six Boston Area hospitals:
Massachusetts General Hospital
Beth Israel Deaconess Medical Center
Boston Medical Center
Brigham and Women’s Hospital
Cambridge Hospital
Newton Wellesley Hospital
What about privacy and confidentiality?
When you go to the hospital, remember that you have a right to privacy. If you have concerns about the exam being billed on you insurance, or your parents insurance, you can address this at the hospital. You may want to consider how and if you will answer some of the questions you will be asked (i.e. consensual sex in the same time frame as the assault, counseling history). If you have specific concerns about any questions that you may be asked, please talk with the BARCC advocate first at the hospital or call the hotline at (617) 492-RAPE (7273) prior to going to the hospital.