Yes, for a criminal charge to be brought, evidence is required. However, a survivor’s statement to law enforcement about what occurred is considered evidence. This statement is one piece of evidence that will be evaluated to determine whether there is enough evidence, or probable cause, for law enforcement to make an arrest. In some cases, the survivor’s statement alone may be compelling enough to justify an arrest. However, additional evidence, known as corroborating evidence, can help build a stronger case for prosecution.
Evidence can take many forms, including photographs of the survivor’s injuries, clothing worn during the assault, text messages and voicemails from the perpetrator, social media posts or messages by the perpetrator or others, medical treatment records, and photographs of the location where the assault occurred, as well as any items from the scene. These are just a few examples—many types of evidence can be valuable in an investigation.
Additionally, law enforcement should be informed of anyone who may have witnessed the assault. This is not limited to individuals who directly witnessed the act but also includes anyone the survivor interacted with immediately before or after the assault. These indirect witnesses may provide information about the survivor’s distressed demeanor, whether they were in a state to give consent, or any statements they made about experiencing sexual assault.
