By Kristin Kelley
In the United States, someone is sexually assaulted every 98 seconds. Most of these assaults go unreported, but of those that are reported and then the even smaller number that result in criminal charges, how the assault has affected the survivor is heavily ignored. Research shows that a majority of survivors of sexual assault experience moderate to severe distress at a rate higher than any other violent crime. Our survivors are in need of much more than convictions of their perpetrators, they are owed the ability to seek recovery from this assault, without any financial burden. Sexual assaults can have psychological, emotional and physical effects on survivors, all of which are not easy to deal with, nor are they cost-free. The victim-blaming, shaming and stigma around sexual assault is being openly discussed and has significant social change happening, such as the growth of the #MeToo movement. This progress does not change that the mental health effects of sexual assault on a survivor is a life-long battle that is often expensive that society needs to make a priority from the beginning.
Although many states, like Massachusetts, offer crime victim compensation, the limitations put vulnerable survivors of sexual assault at risk. Crime victim compensations provides financial assistance to eligible victims of violent crimes for uninsured medical and dental care, mental health counseling, funeral and burial costs, and income lost due to the inability of work. In order to be eligible to receive this assistance, you must, among other things, report the crime to police within five days. There is only an exception to the five-day limit for good cause for delay. You must also apply for compensations within three years of the assault. Even after applying, the average response for a decision to your application is four to six months. Survivors are expected to pay out-of-pocket for therapy following a sexual assault and roll the dice by applying for assistance. To top it all off, there is a cap on the amount you can receive, $25,000 per crime.
Not only are we requiring the survivor to pay out-of-pocket, but we put time constraints on their ability to receive assistance. Every sexual assault is different, and each survivor has their own timeline of recovery. Survivors of sexual assault typically have feelings of guilt and shame making it more likely they will delay reporting the incident to police and even delay seeking therapy. Research shows many survivors experience avoidance, which means avoiding recovery from their assault, or trying to forget it happened. So, if you are assaulted, spend more than 5 days to understand what happened to you before reporting to police, then spent years avoiding horrific consequences from the assault like suicidal thoughts, anxiety or trouble with intimacy, can you get financial help to heal? As it stands now with the crime victim compensation you will pay for your recovery on your own. Shocking. This is a common scenario within sexual assaults, and it is not okay.
Many people look at the time restraints associated with crime victim compensations and think they are reasonable. For a sexual assault survivor, both limitations on receiving that money are anything but reasonable. Take for example, the highly publicized incidents of sexual assault perpetrated by Bill Cosby. In real life the survivors waited years to come forward, never reporting the assault to police, likely because of the shame and guilt they felt from the assault. Many of these women never received any assistance with their mental health. In the end, one of the survivors was paid $3.38 million dollars in a civil suit. This was years after the assault took place, but as for the other roughly 60 survivors, the only closure they have is that their perpetrator is finally behind bars, however only for three to ten years. The survivors are left to deal with the physical and mental effects of sexual assault. They must rebuild their self-worth and mental health, along with the responsibility of the associated costs.
With differences in insurance and providers, mental health therapy can be extremely costly, anywhere from $25.00 – $400.00 per session. It is important to note therapy is not a one-time fix, it can take months and even years of regularly scheduled therapy to recover from such a traumatic event. Many survivors of sexual assault struggle with depression, anxiety, post-traumatic stress disorder, social anxiety, or alcohol and drug abuse, among other things. In shocking results on research and sexual assault survivors, they are shown to be ten times more likely to use drugs than the general public.
In addition to requiring survivors to pay up-front for mental health counseling, they are also responsible for any non-covered medical costs, traveling expenses and any lost wages during their recovery from the assault. Research shows rape, excluding the cost of child sexual abuse, is the most-costly of all crimes to its survivors with an estimated cost of $127 billion a year.
There should be less restrictions on survivors of sexual assault seeking financial assistance from funds like crime victim compensation. Many times, those convicted of sexual assault must pay fines that help the survivor with any expenses directly related to the crime. These fines need to be able to be applied with a broader definition of costs associated with recovery from sexual assault. There is no exact number or right amount to fine a perpetrator, but fines should be mandated to ensure there is no financial burden on survivors. It is important to ask ourselves, as lawmakers, providers, therapists, insurers, and as a society, how much are we willing to charge somebody to recover and survive their sexual assault?
Kristin Kelley is a third-year evening student at Suffolk University Law School. She is currently employed at a healthcare law firm but hopes to pursue her legal career by assisting domestic violence and sexual assault victims achieve justice.
Sources
Overcoming Sexual Assault: Symptoms & Recovery
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.