Choosing whether or not to report
Choosing whether or not to report an incident of sexual misconduct, harassment, or assault is 100% up to the survivor of the incident. Nobody should ever feel pressured to act a certain way.
Everybody has different reasons behind their decision whether or not to report, and every situation is unique. This page simply provides some common reasons survivors may decide to report or not. The information on this page is not meant to influence anybody's decision, but rather help survivors make informed decisions. Decisions are up to the survivor and should be made with the help of professionals.
Please note that it is mandatory for professionals to report on any case that involves a minor. Additionally, most faculty on campus are mandatory reporters. A list of confidential resources can be found in the on-campus reporting section of this website.
why some people decide to report
Some people decide to report an incident of sexual misconduct, harassment, or assault because they would like to seek legal action against the perpetrator. Sexual misconduct, harassment, or assault is a crime, and people choose to report to get justice for the crime and to prevent it from happening in the future.
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Survivors of domestic violence may also seek legal action so they can get out of a dangerous situation. Reporting can also give some people peace of mind, and help them feel like they have some control over what happened to them.
why some people decide not to report
Some survivors of sexual misconduct, harassment, or assault feel that the criminal justice process re-victimizes them and prevents them from moving forward from the incident. Reporting and incident and going through the criminal justice process can be traumatic for survivors, and it's often a slow process that, like all criminal cases, may not end in the favor of the survivor.
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Additionally, some people feel that the crime was not serious enough to justify reporting (which is not true-sexual misconduct, harassment, and assault are all crimes). Additionally, some survivors do not want others to know about the incident, or fear retribution or revenge from the perpetrator. People who know the perpetrator are less likely to report the incident than people who do not know the perpetrator.
statute of limitation laws
A survivor of sexual harassment or assault does not have to make the decision whether or not to report right away. Statute of Limitation laws are different in every state, but they give survivors the opportunity to take some time before reporting an incident.
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In these laws, sexual assault varies from first-degree sexual assault to fourth-degree sexual assault. The definitions of the different degrees can be found here.
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Survivors of first-degree sexual assault have no time limit on reporting the crime. Survivors of second- or third-degree sexual assault have 6 years after the incident to report it. Survivors of fourth-degree sexual assault have 3 years after the incident to report it.
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Survivors of sexual harassment in the workplace have 300 days after the incident to file a complaint.
Sources:
https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=Wisconsin&group=7&_ga=2.253424969.1111116010.1574208145-1250797328.1572207550
https://ocrsm.umd.edu/files/Why-Is-Sexual-Assault-Under-Reported.pdf
https://www.rainn.org/articles/reporting-law-enforcement
https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=Wisconsin&group=3&_ga=2.245513412.1111116010.1574208145-1250797328.1572207550
https://dwd.wisconsin.gov/er/civil_rights/discrimination/harassment.htm
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Additional Resources:
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Visit UWL's sexual misconduct page for specific definitions and information about the specific laws and statutes
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RAINN.org
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(Rape, Abuse & Incest​ National Network) is the nation's largest anti-sexual violence organization. Their website contains information about national resources for sexual assault, and information about what sexual assault is. The website also contains information about specific specific laws regarding sex crimes in each state, including Wisconsin. Additionally, the website details specific Statute of Limitation Laws.
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