Those who survive sexual abuse may wonder whether they should come forward. Two important reasons to consider coming forward include:
- Victims may find the process of taking legal action can be an empowering step towards reclaiming control and agency over their lives, helping to break the silence and stigma often associated with such experiences.
- By coming forward, victims can also help prevent further abuse by holding perpetrators accountable, potentially protecting others from similar harm.
Unfortunately, those who are considering coming forward are often deterred by common misconceptions. Some of the most common include that survivors should immediately report the abuse, only women can be victims, survivors exaggerate their abuse, and that a valid claim requires physical resistance. The following will provide information to debunk these myths and give victims of sexual abuse clarity on how to move forward.
#1: Survivors should immediately report the abuse
This is false. In reality, many survivors delay reporting due to fear, trauma, or uncertainty about the legal process. The legal system recognizes these challenges and does not invalidate claims based on delayed reporting. Understanding this can help reduce the stigma and pressure on survivors to come forward before they are ready.
Although immediate reporting is not necessary, each state has different deadlines, referred to as a statute of limitations, and these timelines can change. In New Jersey, lawmakers recently changed the law to provide victims with additional time to file a claim. Statute of limitation reform in the state shifted from allowing those who suffer abuse as a child the ability to file a claim until they reach the age of twenty to the age of fifty-five years. Victims who face abuse as adults used to only have two years after the incident to file a claim. They now have seven years.
#2: Only women are victims of sexual abuse
Another misconception is that only women can be victims of sexual abuse. This belief overlooks the experiences of male and non-binary survivors. Legally, sexual abuse laws protect all individuals, regardless of gender. It is important to recognize that anyone can be a victim to better ensure that all survivors receive the support and justice they deserve.
#3: Survivors often lie or exaggerate
Some people believe that survivors frequently lie or exaggerate about their experiences. This harmful stereotype can influence legal proceedings and public perception, leading to unjust outcomes. Research shows that false reports are rare, and the legal system has measures to discern credible claims.
#4: Physical resistance is necessary for a valid claim
The misconception that survivors must physically resist their attacker to have a valid claim is both outdated and harmful. Legal definitions of consent and coercion have evolved to recognize that fear, manipulation, or incapacitation can prevent physical resistance. Survivors should not feel pressured to prove their resistance to validate their experiences.
#5: Survivors can just ‘get over it’
Many people mistakenly believe that survivors can simply move on from their experiences without lasting effects. However, sexual abuse can have profound psychological and emotional impacts. Legally, the justice system acknowledges these effects, often considering them in sentencing and victim compensation. Society must also recognize the long-term impact of abuse and support survivors in their healing journey.
How do these misconceptions impact a victim’s legal claim?
Misconceptions about sexual abuse survivors can have a direct impact on a victim’s claim. These can include:
- Misinterpretation of delayed reporting can lead to unjust skepticism of survivor claims.
- Gender biases may result in unequal treatment of male and non-binary survivors.
- Stereotypes about false reporting can influence jury decisions and case outcomes.
- Misunderstandings about consent and resistance can affect the interpretation of evidence.
These misconceptions can have far-reaching effects, both legally and socially. By dispelling these myths, we can create a more supportive environment for survivors and help to better ensure that the legal system treats them with the fairness and respect they deserve.