Yes, for a criminal charge to be brought, evidence will be needed. However, the victim’s statement to law enforcement of what occurred is considered evidence. So the victim’s statement is one piece of evidence that will be considered in determining whether there is enough evidence, or probable cause, for law enforcement to make an arrest of the offender. The victim’s statement could be compelling enough for an arrest. However, if there is other evidence available as well, this addition of what we call corroborating evidence will make a stronger case for prosecution of the offense. Evidence can be found in the form of photographs of injuries of the victim, clothing that she was wearing during the sexual assault, texts messages and voicemails from the offender, social media posts or messages by the offender or other people, medical treatment (records) the victim received, photographs of the location where the sexual assault occurred or actual items at the scene of the sexual assault, just to name a few…there are many pieces of evidence that can prove helpful. In addition, law enforcement needs to be made aware of anyone who may have witnessed the sexual assault – this is not limited to anyone who may have witnessed the act, but also anyone the victim came into contact with immediately after, or even before, the offense. These indirect witnesses could potentially give information regarding the victim’s distressed demeanor after the sexual assault, whether the victim was in a state to be able to give consent, and/or any statements she made to them about being sexually assaulted.
