Living the College Life: Rape - What Should I Consider When Deciding Whether to File Charges?

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Perhaps the biggest decision faced by victims of sexual assault is whether to file a report with campus or city police, and whether to cooperate in the prosecution of a suspect. While proceeding with the process and bringing the attacker to justice may seem like the obvious choice, many women decline to pursue legal remedies because they fear being victimized again.

"The Sexual Victimization of College Women" reports that less than 5 percent of the self-identified victims of rape or attempted rape in its study filed a report with police. Two-thirds did tell someone else about the incident, but it was most often a friend, not a family member or college representative. The victims, according to the report, gave the following reasons for declining:

• They did not see the incidents as harmful or important enough to merit notifying authorities.
• They do not want family members or acquaintances to know about the incident. (Though not specifically cited in the study, rape victims are often afraid of the media coverage that will follow the filing of a report.)
• They are afraid that there will not be enough evidence that the attack happened. They are also concerned that they'll be treated with hostility by police, or that authorities will not take the matter seriously.
• They fear reprisals from their assailant.

Kate Dieringer's case shows why some women don't want to get involved, but it also shows why other women press onward. Some victims may want so badly to put the rape behind them that they decline any suggestion that they notify authorities. It's not easy to find Kate's strength to confront her alleged assailant, cope with the skeptics, and continue with college to graduate on time. But on the other hand, Kate's perseverance resulted in a major victory, one with nationwide consequences.

The main problem with cutting off legal remedies quickly after a rape is that it may be more difficult, although by no means impossible, to press charges later on. From a police perspective, it's best to collect all information and evidence immediately after the crime has been committed. As time passes, physical evidence is destroyed or deteriorates, and exact details"such as a precise timeline of events"may fade from memory.

The decision of how to proceed in these cases is, clearly, intensely personal. It is best made based on factors unique to each case, and made in consultation with people who have the victim's individual interests foremost in mind.