Reporting to Law Enforcement

The decision to make a report is entirely yours if you are an adult, but it is a legal obligation when the victim is a child. Some people who have experienced any form of sexual violence say that reporting and seeking justice helped them recover and regain a sense of control over their lives. Understanding how to report a case of sexual violence and learning more about the process can help you feel more prepared and have more confidence in the professionals who are ready to help you.

How do I report sexual assault?

You have several options for reporting sexual assault:

• Call 112, for emergency situations. No matter where you are, a crew will come to help you.
• Call 112 or 119, for cases of sexual violence against children. Children can make a report, regardless of age, by calling or coming to the nearest police station, alone or accompanied by a legal representative.
• Contact the nearest police station. Call or go directly to a police station. At the Poliția Capitalei, there is the BAS — Bureau of Sexual Assaults and staff trained to interact with victims of sexual crimes. In each county there are policemen who are responsible for investigating such cases.
• Go to a medical center if you have a medical emergency. If you are being treated for injuries resulting from sexual assault, tell a medical professional that you wish to report the crime. You can also choose to have a sexual assault forensic exam. The doctor has a professional obligation to refer all suspicions of sexual violence to the police when the victims are children.
• Call an NGO specialized in assisting victims of sexual crimes, such as The Association for Victims of Sexual Crimes, which will guide you step by step in the process of reporting the case.

Is there a time limit on reporting to the police?

There is no time limit within which a victim must report a case of sexual violence to the police. The Romanian Parliament adopted in the meeting of 28.06.2023 substantial changes regarding sexual offenses with minor victims. Law 217/2023 was promulgated by the President on 10.07.2023, it was published in the Monitorul Oficial no. 634 of 11.07.2023 and will enter into force on 01.01.2024. Thus, the crimes of rape, rape of a minor, sexual assault and sexual assault of a minor become imprescriptible (so the statute of limitations does not remove criminal liability), and they can be investigated without a time limit. However, you must keep in mind that there is a window of opportunity for collecting DNA evidence from the victim's body for a maximum of 72 hours after the occurrence of the event.

What are some common concerns about reporting?

If you have questions or concerns about reporting, you’re not alone. The list below may have answers to some common questions that are on your mind:

• The perpetrator got scared away or stopped before finishing the assault. Attempted rape is a serious crime and can be reported. Reports of attempted rape and other assault are taken seriously.
• I know the person who hurt me. About 2/3 of victims know the perpetrator. It can be unnerving to be violated by someone you know. Regardless of who the perpetrator is, sexual assault is against the law.
• I’ve been intimate with the perpetrator in the past, or am currently in a relationship with the perpetrator. Sexual assault can occur within a relationship. Giving someone consent in the past does not give them consent for any act in the future. If you did not consent, they acted against the law - and you can report it.
• I have no physical injuries, and I’m worried there’s not enough proof. Most sexual assaults do not result in external physical injuries. It's important to receive medical attention to check for internal injuries. You can also choose to have a sexual assault forensic exam to check for DNA evidence that may not be visible on the surface.
• I’m worried law enforcement won’t believe me. There has been great investment in police training on this topic. While there are occasional exceptions, most law enforcement officers are understanding and on your side. If you do encounter someone who isn't taking your case seriously, ask for their supervisor and let your local sexual assault service provider know.
• I don’t want to get in trouble. Sometimes minors are afraid of being disciplined, either by the law or by their parents, because they were doing something they shouldn’t have when the abuse occurred. For example, a teen might have been consuming alcohol, or a child might have been breaking a house rule. It’s important to remember that sexual assault is a crime - no matter the circumstances. Nothing you did caused this to happen.

Do I have to report sexual violence to get a forensic exam?

Legally, you do not have to report a case of sexual violence to the authorities in order to benefit from a forensic exam, if you are an adult. In the case of children, any suspicion of sexual violence must be the subject of a criminal investigation, failure to report being considered a crime. Doctors, police officers or any other persons are required by law to report cases where children are victims.

Does it matter whether or not I know the perpetrator? Can I still have an exam?

There is value in having a sexual assault forensic exam performed, regardless of whether or not you know the identity of the perpetrator or perpetrators. DNA evidence collected during the exam can play an important role in the case against the perpetrator. Will I have to pay for the exam? For adults, the forensic exam is paid for only if you choose not to report the case of sexual violence to the competent judicial authorities. If you choose to file a complaint, the costs are covered by the police or prosecutor's office. In the case of child victims, all costs are covered by the authorities.

Legal Disclaimer

The Association for Victims of Sexual Crimes website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. The Association for Victims of Sexual Crimes does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

If you want to talk about sexual violence with a professional ready to help, send an email to: help@asistentavictime.ro