Education & Awareness

Through awareness, support, and access to information, education empowers people to make informed decisions, reduce stigma, and create stronger communities where survivors feel supported, heard, and encouraged on their path toward healing.

Today, abuse and violence against people with disabilities occur at rates two to three times the general public, making them one of the most harmed groups in the country.

Common risk factors include the following; this list is by no means exhaustive:​

  • Dependence on others for personal care; lack of control (physically, psychologically, intellectually/developmentally) over the nature of the care.

  • Socialized to accept being touched by anyone, especially someone labeled “staff.”

  • Difficulty in differentiating between appropriate and inappropriate actions and therefore uncertain as to what constitutes abuse.

  • Difficulty in understanding the concept of strangers.

  • Difficulty in accepting the fact that someone they know would harm them.

  • Disadvantaged by the level of sex education, if any.

  • Challenges regarding communication, including the difficulty of telling others about the abuse.

  • Lack of certified interpreters (e.g., American Sign Language interpreter, Certified Deaf Interpreter, Communication Access Realtime Translation provider).

  • Reliance on others for decision-making in their best interest.

  • Required, in a living or work situation, to be compliant; compliance is considered normal.

  • Ignored disclosures of abuse because they are made by a person with a disability (seen as less credible).

  • Failure to appreciate indicators of physical abuse, such as unexplained bruises being associated with the person’s disability (e.g., history of self-injury).

  • Failure to appreciate secondary indicators of all types of abuse, such as impaired social interactions being associated with the person’s disability (e.g., depression).

  • Failure to understand that persons with disabilities are harmed by abuse.

​Non-traditional forms of abuse impacting people with disabilities can make it difficult to identify the abuse when it occurs. Examples of non-traditional expressions of abuse include:

  • Telling you that you “aren’t allowed” to have a pain flare-up.

  • Stealing or withholding Social Security Disability checks.

  • Telling you that you’re a bad parent or can’t be a parent because of your disability. Invalidating or minimizing a disability with claims that you’re “faking it.”

  • Using a disability in an effort to shame or humiliate you.

  • Refusing to help you complete necessary life tasks, including using the bathroom or dispensing medication. Withholding or threatening to withhold medication, or intentionally giving you incorrect doses by over-medicating or mixing medications in a dangerous or non-prescribed way.

  • Sexual activity if your disability makes you incapable of giving consent.

  • Withholding, damaging, or destroying assistive devices.

  • Preventing you from seeing a doctor.

  • Threatening to “out” your disability to others if it’s non-visible or carries a social stigma.

  • Harming or threatening to harm your service animal.

  • Using your disability to justify an abusive partner’s behavior.

What is Domestic Violence?

​Domestic violence is a pattern of abusive behaviors through the use of power and control tactics used by one person over another in an intimate relationship. Partners may be dating, married or not married; separated; heterosexual, gay, lesbian, living together or not living together. Such abusive behaviors can include pushing, shoving, slapping, throwing objects; strangling, isolating you from your loved ones; being called names and threatening to hurt you. Domestic violence can happen to anyone, crossing all boundaries of culture, age, race, sex, education, and socioeconomic status. No one deserves to be abused, no matter what the circumstances.

​​Types of Abuse

Physical 

​Slapping, hitting, punching, choking/strangling, threatening with weapon, hair pulling, biting, burning with cigarettes, throwing down stairs, pushing out of a car, blocking your entrance or exit, pushing, tripping, restraining.

​Verbal/Emotional 

Name-calling, yelling, belittling, using put downs, constant blaming and criticizing, threatening to kill you, a friend, family member or pet, giving you the “silent treatment,” accusing you of having affairs, not permitting you to use the phone, embarrassing you in front of others, bragging about infidelity, forcing you to stay in the house or locking you out of the house, harming pets, threatening or attempting suicide, monitoring your behavior.

​Sexual 

​Rape, forcing sex with partner’s friends, forbidding birth control, forcing distasteful sex acts on you, beating if sex is refused.

​Power and Control

​Domestic violence is not about anger management but the need to have Power and Control over another person. The Power and Control Wheel shows different tactics abusers use to exert Power and Control over their victim.

​Cycle of Abuse

​While every relationship is unique, in many there is a Cycle of Violence that occurs.

THE EFFECTS OF DOMESTIC VIOLENCE ON CHILDREN

The following behaviors can often be seen in children who have witnessed or experienced domestic violence.

INFANTS — AGE 3

  • physical problems (frequent colds, diarrhea)

  • excessive screaming and irritability

  • problems falling asleep

  • developmental delays (not gaining weight, not eating)

  • anxiety, sadness, crying, emotional withdrawal

AGES 3 — 7

  • delayed language development

  • regression to infant-like behavior such as thumb sucking

  • difficulty getting along with others

  • hostility and aggression

  • defiant and destructive behavior

  • clinging behavior

  • fear

  • self-blaming and feelings of guilt

AGES 7 — 13

  • low self-esteem

  • conflicted feelings about the abuser

  • increased aggression toward peers, siblings and parents

  • shame (denying the violence at home)

  • delinquent behavior (stealing, fighting, using drugs)

AGES 13 — 18

  • patterns of blaming others for his/her behavior, especially parents

  • high levels of anger and anxiety

  • inappropriate belief that violence can be a response to conflict

  • protective behavior toward the victim

  • violence against the victim

  • sense of responsibility for the care of younger siblings

  • running away

  • patterns of truancy

  • substance abuse problems

  • promiscuous behavior

ADDITIONAL EFFECTS — ALL AGE GROUPS

  • increased emotional needs

  • difficulty adjusting to school

  • school phobias (might fear leaving the victim alone)

  • somatic problems (asthma, peptic ulcers, chronic headaches, abdominal cramps)

  • eating disorders

  • patterns of increased deceptiveness (excessive lying, stealing, cheating)

  • inclination to mutilate or kill animals

  • inability to trust and develop relationships

  • low tolerance for frustration

  • self-destructive behavior, self-mutilation

  • memory of every detail of abuse

  • blames the victim for the abuse, pressures him/her to make things better

  • poor sexual image

  • low self-esteem

  • bed wetting

​

Source: http://www.cadvny.org/2009/09/14/effects-of-domestic-violence-on-children/

While historically considered a private and personal issue, awareness campaigns and public education about domestic violence have made it unacceptable for employers to ignore this serious problem. Regardless of whether victims are abused at home or at work, the abuse will ultimately affect their professional life or even jeopardize their safety at work and the safety of their co-workers.

Why Should an Employer Intervene?

​Domestic violence travels with a victim, from the home to the workplace. It often has a significant effect on a victim’s performance in the workplace. It results in increased absenteeism, lower productivity and quality of work, and higher medical costs.

Many employers feel uncomfortable addressing the problem or feel that there is nothing they can do. Although it may not be easy, it is crucial to educate employees about the signs of domestic violence in order to create a work environment that encourages victims to seek help.

​​Recognizing when an employee might be in a domestic violence situation

  • Bruises/injuries

  • Disclosure to other employees (even joking)

  • Fear of the partner, references to the partner’s anger

  • Nervousness

  • Anxiety

  • Abuser calls or visits employee at work frequently

  • Many sick days – high absenteeism

  • Decreased productivity and attentiveness

  • Isolation from friends and family

  • Insufficient resources to live (money, credit cards, car)

What an employer can do to help:

Be supportive:

  • Let the employee know that you are there for him/her when he/she is ready to talk.

  • You could say, “No one deserves to be hit by someone else”

  • Let victim know you’re concerned. You could say, “I am concerned for your safety and there are resources in our organization and in the community that can help you. I am here for you when you need help.”

  • Be patient; People will take action to leave an abusive situation when they are ready

  • Talk in a quiet place. A comfortable, safe atmosphere will convey a message of confidentiality, importance and seriousness

  • Respect an employee’s decision not to disclose

  • Be open and flexible with requests from employee for time off to things related to leaving the abuser (moving out, filing protection orders, attending court, etc)

  • Encourage the employee to contact Beacon Center (605) 886-4300 or 1-800-660-8014 or the National Domestic Violence Hotline at 1-800-799-7233.

Let the victim know that you want to help keep them safe at work.  Ask what changes could be made to make him/her feel safer–remember, the victim knows the perpetrator better than anyone else.  Some ways to do this:

  •  Encourage him/her to save any threatening e-mail or voicemail messages.  These can potentially be used for future legal action, or can serve as evidence that an existing  protection order was violated.

  • Make arrangements for the victim to have priority parking near the building.

  • Have calls screened, transferring harassing calls to security–or have his/her name removed from automated phone directories.

  • Relocate the victim’s work space to a more secure area or another site.

  • Obtain a protection order that includes the workplace, and keep a copy on hand at all times. The victim may want to consider providing a copy to the police, his/her supervisor, security, or human resources.

  • Provide a picture of the perpetrator to reception areas and/or security.

  • Identify an emergency contact person should the employer be unable to contact the victim.

  • Ask security to escort the employee to and from vehicle or public transportation.

  • Keep the information confidential

Your first responsibility is to keep the workplace safe for all employees.  By taking these steps, you can help the employee who is in a domestic violence situation keep his/her job and possibly gain enough strength to leave the abusive partner.  You are also protecting your employees.  It is frightening to have an abusive person come or call the workplace, but please remember to be supportive of your employee who is trying to survive the situation.  You could be helping to literally save his/her life.

​

For more information call Beacon Center at 1-800-660-8014 or 605-886-4300.

What Is a Safety Plan?

A safety plan is a personalized, practical plan that includes ways to remain safe while in a relationship, planning to leave, or after you leave. Safety planning involves how to cope with emotions, tell friends and family about the abuse, take legal action and more.

A good safety plan will have all of the vital information you need and be tailored to your unique situation, and will help walk you through different scenarios.

Although some of the things that you outline in your safety plan may seem obvious, it’s important to remember that in moments of crisis your brain doesn’t function the same way as when you are calm. When adrenaline is pumping through your veins it can be hard to think clearly or make logical decisions about your safety. Having a safety plan laid out in advance can help you to protect yourself in those stressful moments.

​

Visit the National Domestic Violence Hotline for more information on safety planning in different situations.

​

  • Safety While Living with an Abusive Partner

  • Safety Planning with Children

  • Safety Planning with Pets

  • Safety Planning During Pregnancy

  • Emotional Safety Planning

    Sample Safety Plan

What is Elder Abuse?

Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse often occurs at the hands of a caregiver or a person the elder trusts.

Common types of elder abuse include:

  • Physical abuse is when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force and includes acts such as hitting, kicking, pushing, slapping, and burning.

  • Sexual abuse involves forced or unwanted sexual interaction of any kind with an older adult. This may include unwanted sexual contact or penetration or non-contact acts such as sexual harassment.

  • Emotional or Psychological Abuse refers to verbal or nonverbal behaviors that inflict anguish, mental pain, fear, or distress on an older adult. Examples include humiliation or disrespect, verbal and non-verbal threats, harassment, and geographic or interpersonal isolation.

  • Neglect is the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.

  • Financial Abuse is the illegal, unauthorized, or improper use of an elder’s money, benefits, belongings, property, or assets for the benefit of someone other than the older adult.

Is elder abuse a big problem?

​Elder abuse is a serious problem in the United States. The available information is an underestimate of the problem because the number of nonfatal injuries is limited to older adults who are treated in emergency departments. The information doesn’t include those treated by other providers or those that do not need or do not seek treatment. Additionally, many cases are not reported because elders are afraid or unable to tell police, friends, or family about the violence. Victims often have to decide whether to tell someone they are being hurt or continue being abused by someone they depend upon or care for deeply.

Elder abuse is common. Abuse, including neglect and exploitation, is experienced by about 1 in 10 people aged 60 and older who live at home. From 2002 to 2016, more than 643,000 older adults were treated in the emergency department for nonfatal assaults and over 19,000 homicides occurred.

What are the consequences?

Elder abuse can have several physical and emotional effects on an older adult. Many victims suffer physical injuries. Some are minor, like cuts, scratches, bruises, and welts. Others are more serious and can cause lasting disabilities. These include head injuries, broken bones, constant physical pain, and soreness. Physical injuries can also lead to premature death and make existing health problems worse.

Elder abuse can have emotional effects as well. Victims are often fearful and anxious. They may have problems with trust and be wary around others.

How can we prevent elder abuse before it starts?

There are several important things we can do to prevent elder abuse:

  •  Listen to older adults and their caregivers to understand their challenges and provide support.

  • Report abuse or suspected abuse to Adult Protective Services.

  • Educate oneself and others about how to recognize and report elder abuse.

  • Learn how the signs of elder abuse differ from the normal aging process.

  • Check-in often on older adults who may have few friends and family members.

  • Provide over-burdened caregivers with support such as:

  • help from friends, family, or local relief care groups

  • adult day care programs

  • counseling

  • outlets intended to promote emotional well-being

  • Encourage and assist persons (either caregivers or older adults) having problems with drug or alcohol abuse in getting help.

The older adult population is growing faster in the U.S. than are younger populations. Many older adults require care and are vulnerable to violence perpetrated by a caregiver or someone they trust. More research is needed to uncover the causes for, and solutions to, violence against older adults.​

Content source: Centers for Disease Control and Prevention

How Do I Report Elder Abuse?

To report abuse, neglect, or exploitation of an elder or an adult with disabilities, please contact your local law enforcement agency, local state’s attorney’s office or contact Dakota at Home or Adult Protective Services.

Resources 

Division of Adult Services and Aging

2001 9th Avenue SW
Suite 300
Watertown, South Dakota 57201

605-882-5003 or Toll-Free 1-866-239-6787

​Aging and Disabilities Resource Connections Call Center: 1-855-315-1988

National Center on Elder Abuse

The Eldercare Locator  1-800-677-1116

Human trafficking is the business of stealing freedom for profit. In some cases, traffickers trick, defraud or physically force victims into providing commercial sex. In others, victims are lied to, assaulted, threatened, or manipulated into working under inhumane, illegal, or otherwise unacceptable conditions. It is a multi-billion dollar criminal industry that denies freedom to 24.9 million people around the world.  

Force, fraud, or coercion

U.S. law defines human trafficking as the use of force, fraud, or coercion to compel a person into commercial sex acts or labor or services against his or her will. The one exception involves minors and commercial sex. Inducing a minor into commercial sex is considered human trafficking regardless of the presence of force, fraud, or coercion.

How many people are trafficked in the U.S. every year?

In 2017, Polaris worked on 8,759 cases of human trafficking reported to the Polaris-operated National Human Trafficking Hotline and BeFree Textline. These cases involved 10,615 individual victims; nearly 5,000 potential traffickers and 1,698 trafficking businesses. Human trafficking is notoriously underreported. Shocking as these numbers are, they are likely only a tiny fraction of the actual problem.

​Who is vulnerable?

Human trafficking can happen to anyone but some people are more vulnerable than others. Significant risk factors include recent migration or relocation, substance use, mental health concerns, involvement with the children welfare system, and being a runaway or homeless youth. Often, traffickers identify and leverage their victims’ vulnerabilities in order to create dependency. 

​Who are the traffickers?

Perpetrators of human trafficking span all racial, ethnic, and gender demographics and are as diverse as survivors. Some use their privilege, wealth, and power as a means of control while others experience the same socio-economic oppression as their victims. They include individuals, business owners, members of a gang or network, parents or family members of victims, intimate partners, owners of farms or restaurants, and powerful corporate executives and government representatives.   

​How do traffickers control victims?

Traffickers employ a variety of control tactics, the most common include physical and emotional abuse and threats, isolation from friends and family, and economic abuse. They make promises aimed at addressing the needs of their target in order to impose control. As a result, victims become trapped and fear leaving for myriad reasons, including psychological trauma, shame, emotional attachment, or physical threats to themselves or their family.

​Who are the survivors?

Victims and survivors of human trafficking represent every race and ethnicity but some forms of trafficking are more likely to affect specific ethnic groups.   

Report Trafficking

If you or someone you know is in immediate danger, please call 911.

Human trafficking is a situation in which an individual is compelled to work or engage in commercial sex through the use of force, fraud, or coercion. If the individual is under the age of 18 and engaging in commercial sex they are experiencing regardless if force, fraud, or coercion is also taking place.

​If you believe you may have information about a  trafficking situation:

​Call the National Human Trafficking Hotline toll-free hotline at 1-888-373-7888: Anti-Trafficking Hotline Advocates are available 24/7 to take reports of potential human trafficking. 

​Text the National Human Trafficking Hotline at 233733. Message and data rates may apply.

​Chat the National Human Trafficking Hotline via www.humantraffickinghotline.org/chat

​Content Source: National Human Trafficking Hotline

​Resources

​Call to Freedom

https://calltofreedom.org/

1800 W. 12th Street, Suite 100
Sioux Falls, SD 57104

Call: 605-261-1880
Fax: 605-777-7095

​

National Human Trafficking Hotline

https://humantraffickinghotline.org/

Call 1-888-373-7888 ( TTY: 711)|*Text 233733 |Live Chat

*Message and data rates may apply.

Strangulation has only recently been identified as one of the most lethal forms of domestic violence: unconsciousness may occur within seconds and death within minutes. When domestic violence perpetrators choke (strangle) their victims, not only is this a felonious assault, but it may be an attempted homicide. Strangulation is an ultimate form of power and control, where the batterer can demonstrate control over the victim’s next breath; having devastating psychological effects or a potentially fatal outcome.

Sober and conscious victims of strangulation will first feel terror and severe pain. If strangulation persists, unconsciousness will follow.  Before lapsing into unconsciousness, a strangulation victim will usually resist violently, often producing injuries of their own neck in an effort to claw off the assailant, and frequently also producing injury on the face or hands to their assailant. These defensive injuries may not be present if the victim is physically or chemically restrained before the assault.

​Losing Consciousness

Victims may lose consciousness by any one or all of the following methods: blocking of the carotid arteries in the neck (depriving the brain of oxygen), blocking of the jugular veins (preventing deoxygenated blood from exiting the brain), and closing off the airway, making breathing Impossible.

Very little pressure on both the carotid arteries and/or veins for ten seconds is necessary to cause unconsciousness. However, if the pressure is immediately released, consciousness will be regained within ten seconds. To completely close off the trachea (windpipe), three times as much pressure (33 lbs.) is required. Brain death will occur in 4 to 5 minutes, if strangulation persists.

Observing Changes

Observation of the changes in these signs over time can greatly facilitate determination of the nature and scope of internal damage produced during the assault, and lend credibility to witness accounts of the force and duration of the assault.

Documentation by photographs sequentially for a period of days after the assault is very helpful in a journal of physical evidence.

Victims should also seek medical attention if they experience difficulty breathing, speaking, swallowing or experience nausea, vomiting, light headedness, headache, involuntary urination and/or defecation.

Although most victims may suffer no visible injuries whatsoever and many fully recover from being strangled, all victims, especially pregnant victims, should be encouraged to seek immediate medical attention. A medical evaluation may be crucial in detecting internal injuries and saving a life.

Signs of Strangulation​

  • Face- red or flushed, pinpoint red spots (petichiae), scratch marks

  • Eyes and eyelids petichiae to the left or right eyeball, blood shot eyes

  • Nose – bloody nose, broken nose, petichiae

  • Finger tips- bruises are circular and oval and often faint

  • Ear-petichiae (external and/or ear canal), bleeding from ear canal

  • Mouth-bruising, swollen tongue, swollen lips, cuts/abrasions

  • Under the chin- redness, scratch marks, bruise(s), abrasions

  • Chest- redness, scratch marks, bruise(s), abrasions

  • Shoulders- redness, scratch marks, bruise(s), abrasions

  • Neck- redness, scratch marks, finger nail impressions, bruise(s), swelling, ligature mark

  • Head- petichiae (on the scalp)

  • Other- hair pulled, bump(s), skull fracture, concussion

Symptoms of Strangulation

Voice changes

  •          Raspy voice

  •          Hoarse voice

  •          Coughing

  •          Unable to speak

  •          Complete loss of voice 

Swallowing changes

  •          Trouble swallowing

  •          Painful to swallow

  •          Neck pain

  •          Nausea/Vomiting

  •          Drooling 

Breathing Changes

  •          Difficulty breathing

  •          Hyperventilation

  •          Unable to breath 

Behavioral changes

  •           Restlessness or combativeness

  •           Problems concentrating, amnesia

  •           Agitation

  •           Post-traumatic Stress Syndrome

  •           Hallucinations

  •           Memory Loss

  •           Unconsciousness

  •           Dizziness/headaches

  •           Involuntary urination or defecation

If you have been sexually assaulted:

  • Get to a safe place

  • To preserve evidence, do not shower, bathe, douche, eat or drink, wash your hands, go to the bathroom or brush your teeth. 

  • If you have already done any of these things, evidence may still be present for collection.Do not change or destroy your clothing. 

  • Do not clean or disturb anything in the area where the assault occurred.

  • Get medical attention as soon as possible.

For free, immediate care after a sexual assault go to:

Prairie Lakes Healthcare System

401 9th Ave NW

Watertown, SD 57201

(605) 882-7000

Sanford Clear Lake Medical Center

701 3rd Ave S.
Clear Lake SD 57226
(605) 874-8484 

​

Milbank Area Hospital Avera

901 E. Virgil Avenue
Milbank, SD 57252
(605) 432-453

Tell them you are there for a sexual assault exam

​

-OR-

​

Go to a safe place and call the Beacon Center: 1-800-660-8014

Our free services are available at any time

Common questions

Why go to the hospital?

  • Even if you don’t have obvious physical injuries, it’s important to make sure you’re OK and to discuss any risks of pregnancy or sexually transmitted infections from the sexual assault.

  • If you think you may have been given a “rape drug,” you can have a urine sample taken to test for it.

  • Having a medical exam also allows you to preserve physical evidence of the sexual assault (see below).

​​

What will happen at the hospital?

  • Once you arrive at the Emergency Department and tell them you’re there for a sexual assault exam, you’ll be given a private room.

  • You will be treated as an out-patient, which means you won’t be billed for treatment related to the sexual assault and your insurance (or your parents’ insurance) won’t be notified. In the rare case where a SANE nurse cannot treat your physical injuries, you will be registered as an in-patient, generating a hospital bill. An advocate can discuss how to apply for compensation for this portion of your bill.

  • A specially-trained Sexual Assault Nurse Examiner (SANE) will be called in to see you and talk over your options for care and evidence collection.

  • A victim advocate from  Beacon Center will be available at the hospital to support you and, if you wish, to speak with family and friends. You can talk with the advocate at any time during or after your care.

  • A police detective will talk with you if you decide to report the crime.

Why collect evidence? I can’t deal with pressing charges right now.

  • That’s OK, you won’t have to. Having evidence collected just keeps your options open. SART can store the evidence anonymously until you’re ready to choose what to do.

  • Evidence needs to be collected within 84 hours (3 1/2 days) of the assault. Many people decide days or weeks after their assault, once they make it through the initial trauma, that pressing charges is important to them. Having evidence available strengthens their ability to bring their attacker to justice, if that’s what they decide to do.

Can I choose whether or not to involve the police?

  • If you are 18 or older, reporting to law enforcement is entirely your decision. An advocate will be available to discuss this option with you. If you are under 18 or in cases where physical, mental or age-related disability requires a mandatory report, law enforcement will be contacted. 

​​

Are there reasons to consider making a police report?

  • Yes, although you’ll want to make the decision that’s best for you.  If you like, a victim advocate can help you talk through pros and cons.  Here are a few positive results to consider:

  • Regaining your sense of control.  Making a police report is one way of taking control after your assault.  Sometimes just knowing that law enforcement has heard you and taken the crime seriously can help you in your recovery, whatever the outcome of the investigation.

  • Protecting others.  You need to make doing what’s best for you your first priority.  But statistics show most rapists are repeat offenders. Your report may help the police arrest and prosecute a perpetrator before they hurt somebody else.

​​​

I’m worried I’ll get in trouble. (I was doing drugs, I don’t have immigration papers, etc.)

  • If you are crime victim, the police will not use your immigration status or drug use against you.  Their concern is getting a violent criminal — your attacker — off the streets.

​​

I’m scared my attacker will come after me again.

  • There are ways for you to stay safe, and a victim advocate can discuss these with you.

Healing from a sexual assault takes time, and everyone’s path to recovery is different. Sometimes the trauma slowly lessens over months or years; sometimes a survivor buries the trauma for a long time; sometimes symptoms come and go. 

Know that it’s never too late to get help. Even if the attack happened months or years or decades ago, you can benefit from talking with a trained advocate. Support is available for friends, colleagues and family of survivors as well.

Common Responses

​While every person responds differently to sexual assault, the following behaviors and reactions are common. They are all normal responses to trauma.

​Self-blame/shame. Survivors often feel shamed, dirty, devalued and humiliated. They may also believe that the assault was their fault, and that they are to blame for what happened. Understanding that the assailant is the one responsible for the attack is an important step towards healing.

​Fear. Some survivors may find it hard to be alone at night or in a setting that reminds them of the place they were attacked.

​Avoidance. Many survivors try to avoid anything or anyone that will remind them of what they’ve been through. This may mean avoiding getting help. They may also shut themselves off from family, friends and social activities.

Acting out sexually through high-risk behavior. This can be one way survivors try to get back control of their body. It can also be a way of reinforcing their feelings of unworthiness or shame.

Avoiding sexual activity

Nightmares, trouble sleeping

Physical symptoms (headaches, stomach problems, etc.)

Numbness. Sometimes it takes a while for survivors to feel anything at all.

Anger

Depression, suicidal thoughts, post-traumatic stress disorder(PTSD)

​Mood swings. Most survivors experience a lot of ups and downs as they heal. Intense and rapidly changing moods are normal.

​Distrust. If a survivor was assaulted by someone they knew, they may feel they can’t trust their judgment about other people. If they were attacked by a stranger, they may be unable to trust people they don’t know.

​Flashbacks, panic attacks, strong emotional responses to certain touch, sounds, smells

Self-injury (cutting, burning, bruising)

​Dissociation or “checking out”, not able to stay in the present

Poor concentration in class or at work

Eating disorders

​Beginning or increasing drug/alcohol use

Just a few minutes of your time could change the life of someone you know.

Say the word

​The American Medical Association calls sexual assault “a silent, violent epidemic.” Sexual assault is not always an easy topic to bring up. But what we can’t talk about, we can’t fix.

Get the facts

​Many people never tell anyone they’ve been sexually assaulted. Often they’re afraid they won’t be believed or they’ll be blamed for what happened. Sometimes they’re ashamed.

You can make a big difference in their lives simply by learning how common misconceptions about sexual assault distort the way we see this crime and the people who survive it.

Our knowledge and understanding can encourage survivors to come forward for care, to consider reporting their assault to police and to start reclaiming their lives. You can also have an impact on our community’s willingness to bring assailants to justice.

​For a look at some myths and facts about sexual assault, click here.

Get involved

​Host an informational gathering for friends and colleagues; hold a garage sale and donate part of the proceeds; introduce us to local  businesses and individuals who might be able to support our work; donate creative or technical services.

Sexual assault can happen to anyone, no matter your age, or gender. Men and boys who have been sexually assaulted or abused may have many of the same feelings and reactions as other survivors of sexual assault, but they may also face some additional challenges because of social attitudes and stereotypes about men and masculinity.

​Common reactions

Men and boys who have been sexually assaulted may experience the same effects of sexual assault as other survivors, and they may face other challenges that are more unique to their experience.

​Some men who have survived sexual assault as adults feel shame or self-doubt, believing that they should have been “strong enough” to fight off the perpetrator. Many men who experienced an erection or ejaculation during the assault may be confused and wonder what this means. These normal physiological responses do not in any way imply that you wanted, invited, or enjoyed the assault. If something happened to you, know that it is not your fault and you are not alone.

​Men who were sexually abused as boys or teens may also respond differently than men who were sexually assaulted as adults. The following list includes some of the common experiences shared by men and boys who have survived sexual assault. It is not a complete list, but it may help you to know that other people are having similar experiences:​

  • Anxiety, depression, post-traumatic stress disorder, flashbacks, and eating disorders

  • Avoiding people or places that remind you of the assault or abuse

  • Concerns or questions about sexual orientation

  • Fear of the worst happening and having a sense of a shortened future

  • Feeling like “less of a man” or that you no longer have control over your own body

  • Feeling on-edge, being unable to relax, and having difficulty sleeping

  • Sense of blame or shame over not being able to stop the assault or abuse, especially if you experienced an erection or ejaculation

  • Withdrawal from relationships or friendships and an increased sense of isolation

  • Worrying about disclosing for fear of judgment or disbelief

​Who are the perpetrators of sexual assault against men and boys?​

Perpetrators can be any gender or age, and they can have any relationship with the victim. Like all perpetrators, they might use physical force or psychological and emotional coercion tactics.

Can being assaulted affect sexual orientation?

Sexual assault is in no way related to the sexual orientation of the perpetrator or the survivor, and a person’s sexual orientation cannot be caused by sexual abuse or assault. Some men and boys have questions about their sexuality after surviving an assault or abuse—and that’s understandable. This can be especially true if you experienced an erection or ejaculation during the assault. Physiological responses like an erection are involuntary, meaning you have no control over them.

​Sometimes perpetrators, especially adults who sexually abuse boys, will use these physiological responses to maintain secrecy by using phrases such as, “You know you liked it.” If you have been sexually abused or assaulted, it is not your fault. In no way does an erection invite unwanted sexual activity, and ejaculation in no way condones an assault.

​How to support male survivors

It can be hard to tell someone that you have experienced sexual assault or abuse. You may fear that you will face judgment or not be believed. For many male survivors, stereotypes about masculinity can also make it hard to disclose to friends, family, or the community. Men and boys also may face challenges believing that it is possible for them to be victims of sexual violence, especially if it is perpetrated by a woman. Below are a few suggestions on how you can support a man or boy who discloses to you that he has experienced sexual assault or abuse.​

  • Listen. Many people in crisis feel as though no one understands them and that they are not taken seriously. Show them they matter by giving your undivided attention. It is hard for many survivors to disclose assault or abuse, especially if they fear not being believed because of stereotypes about masculinity.

  • Validate their feelings. Avoid making overly positive statements like “It will get better” or trying to manage their emotions, like “Snap out of it” or “You shouldn’t feel so bad.” Make statements like “I believe you” or “That sounds like a really hard thing to go through.”

  • Express concern. Tell them in a direct way that you care about them by saying something like “I care about you” or “I am here for you.”

  • Do not ask about details of the assault. Even if you are curious about what happened and feel that you want to fully understand it, avoid asking for details of how the assault occurred. However, if a survivor chooses to share those details with you, try your best to listen in a supportive and non-judgmental way.

  • Provide appropriate resources. There may be other aspects in men’s lives that could limit their ability to access resources and services after experiencing sexual assault or abuse. For example, trans men may face barriers when navigating medical care. Be sensitive to these worries, and when supporting a survivor try your best to suggest resources you feel will be most helpful.

​What if I experienced sexual assault as an adult?

Some men who have survived sexual assault as adults feel shame or self-doubt, believing that they should have been “strong enough” to fight off the perpetrator. Many men who experienced an erection or ejaculation during the assault may be confused and wonder what this means. These normal physiological responses do not in any way imply that you wanted, invited, or enjoyed the assault. If you were sexually assaulted, it was not your fault. You can find help at 1in6, an organization RAINN partners with that is dedicated to helping men who have survived unwanted or abusive sexual experiences.

​What if the abuse happened when I was a minor?

If you were sexually abused when you were a child or a teenager, you may have different feelings and reactions at different times in your life. The 1in6 website has answers to many of the questions or concerns you might have as an adult survivor of child or teen sexual abuse.

​How could this affect my relationships?​

Coming forward about surviving sexual assault or sexual abuse can be difficult. It requires a lot of trust and understanding both for you and the person you choose to tell. You can find answers to some of the questions you might have about telling a partner at 1in6.

​Finding support

If something happened to you, know that you are not alone.​

  • Visit the helpline. 1in6 has partnered with RAINN to offer the 24/7 helpline for men, their loved ones, and service providers who are seeking immediate information and resources related to sexual assault or abuse.

  • Visit online.rainn.org. Chat anonymously and confidentially with a RAINN support specialist who is trained to help.

  • Call the National Sexual Assault Hotline. Call 800.656.HOPE (4763) to be connected to a trained staff member from a local sexual assault service provider in your area.

  • Consider therapy or other mental health support. Some therapists specialize in issues you may be facing as a result of the abuse or assault. You may want to speak on the phone or meet with a few therapists before deciding which one is the best fit for you. You can ask your insurance company which providers are covered by your insurance plan.

  • Read more at Jimhopper.com: The articles on this website provide information about the effects of child sexual abuse on adult men and their loved ones.

  • Read more at Malesurvivor.org: This resource contains general information as well as a therapist search specifically designed for male survivors of sexual violence.

Content Source: Rape, Abuse & Incest National Network (RAINN)

Having supportive friends and family members can make a difference in how a survivor heals. There are several things you can do…

  • Listen.  This is one of the most important ways you can help.  Some survivors will want to talk right away.  Others will need time. Rather than press them for details or ask a lot of questions, let them decide what to tell you. Try not to judge or interrupt with advice. Just listen.

  • Believe.  Very few people ever lie about being sexually assaulted. Many survivors never tell anyone at all; they’re too ashamed or afraid they’ll be disbelieved or blamed.  And hard as it is for a woman to confide in you, it can be even harder for a male survivor or a child. Simply hearing“I believe you” from someone they trust can be an important step in their healing.

  • Don’t blame or second-guess your friend (“why did you leave the party with him?” or “why didn’t you scream?”). Nobody “asks” to be raped. Many survivors already blame themselves. Help them understand that the perpetrator is the one responsible (“Yes, you got drunk. But you would never have been raped if there hadn’t been a rapist in the room.” “You’re here. You’re safe now. That means you did what you needed to do to survive.”).

  • Ask how you can help. Sexual assault takes away a person’s sense of control, so allow your friend to make her or his own decisions. But you can offer to accompany them to the hospital or help them get information.

  • Respect their privacy and don’t share what they have told you with anyone else unless they ask you to. Let your friend decide whom to confide in.

  • Understand that your friend has been through a traumatic experience and may act differently after the assault. Recovery can take a long time; they won’t be “over it” in a few weeks or months or even years. Learning about survivors’ common reactions to an assault may help.

  • Take care of yourself as well. You will likely feel a whole range of strong and conflicting emotions; these may even include anger at the survivor or yourself as well as at the perpetrator. To avoid burying these feelings or expressing them in hurtful ways, it can be important to talk about them. However the survivor is not the person you should do this with. Resources are available for you too:  call the Watertown Resource Center 605-886-4300 or 1-800-660-8014

The myths about sexual violence are powerful in our society. Misguided beliefs in these myths keep people from understanding how sexual violence works, and who the victims and perpetrators are. Most myths focus blame for assault on the victim and relieve us of the burden of figuring out what is awry in our society. Some think that it is easier to believe the myths than to change society in ways that prevent sexual violence. 
Why is it important that we talk about these myths? Social belief in this misinformation often keeps victims silent, keeps communities from identifying offenders, and erects barriers to effective prevention. Knowing about these myths can help us become careful and critical thinkers about the reality of sexual violence in our communities. Here are some examples of the most commonly believed myths:

MYTH: Most sexual assaults occur between strangers. 

FACT: While these are the stories that are most likely to make the news, stranger assaults are statistically the rarest kind of sexual assault. The US Department of Justice cites that 70% of all sexual assaults are committed by someone the victim knows. In Minnesota, 93% of the victims who used advocacy services were assaulted by someone known to them such as a friend, family member, co-worker, date, or neighbor. (Office of Justice Programs, 2001 data.) Often, “prevention” efforts aimed at children and youth focus on stranger danger. While stranger assaults do happen, it is far more likely that an assailant is not a stranger to the victim. 

MYTH: A person cannot be sexually assaulted by his or her partner or spouse? 

FACT: Sexual assault is a crime regardless of the relationship between the victim and offender. In Minnesota, as in most other states, an ongoing sexual relationship does not preclude a partner or spouse from committing or being charged with sexual assault. The issue is not the relationship, but whether and how force is used. However, victims of intimate partner assault are less likely to report the assault for fear that they will not be believed or because of their emotional investment in the relationship. There is no reason to believe that assault by an intimate partner is somehow easier to experience or “get over.” In fact, sexual assault by an intimate partner may bring result in increased emotional impact and a heightened sense of violation and betrayal causing the victim to lose trust in others and in his or her own judgment. 

MYTH: Some people ask to be sexually assaulted by their behavior or they way they dress. 

FACT: This is one of the most prevalent and powerful myths. It asks us to find the cause of assault in the victim’s behavior or choices. No one asks or wants to be raped or assaulted, just as no one asks to have their car stolen, even if they forget and leave the keys in the ignition, be robbed or hit by a drunk driver. Sexual assault is always the responsibility of the perpetrator and never the responsibility of the victim. While some behaviors we choose may put us at some risk, they are only risky when there are offenders who are ready to take advantage of someone who is vulnerable. How someone dresses, where they go, what they do, or who they are in a relationship with is never justification for sexual assault. 

MYTH: People who are drunk or high have no one to blame but themselves when they are sexually assaulted. 

FACT: The use of alcohol and other drugs is often a part of sexual assault scenarios. In some cases, victims are encouraged to use alcohol or drugs or are, unbeknownst to them, given intoxicating substances. Whether voluntarily or involuntarily intoxicated, neither the victim’s nor the perpetrator’s alcohol or other drug use is an acceptable defense in a sexual assault case. In some instances, a victim’s intoxication can be understood to render her/him legally unable to give consent to sexual behavior. 

MYTH: Victims often falsely report sexual assault. 

FACT: The Federal Bureau of Investigation reports that less than 2% of all sexual assault reports are false. This is the same rate of false reporting for all other major crimes. Those rare instances of false reporting usually are connected with someone who is dealing with mental illness – not a vengeful “victim” intentionally trying to entrap another. 

MYTH: Most sexual assault is spontaneous and happens when a people become so sexually aroused they are unable to stop themselves. 

FACT: While sexual acts are the tools of the assault, sexual assault is less about the sexual contact and more about hurting, overpowering, or otherwise humiliating another. Most sexual assaults are not spontaneous but are, in fact, planned ahead of time. Studies of convicted assailants indicate that the vast majority of assaults are premeditated – either involving the stalking of a particular victim or targeting potential victims in a way to make them vulnerable to sexual assault. It is important to remember that sexual arousal is not the motivating factor for sexual assault. Finally, humans are able to interrupt sexual arousal. Imagine the interruptive factor of parents arriving home ahead of schedule, the house catching fire, or becoming physically ill! Sexual arousal does not need to culminate in intercourse. 


MYTH: Only young attractive women and girls are sexually assaulted. 

FACT: This myth again fuels the misconception that sexual gratification is the motivator for sexual assault. Statistics show that victims can be attractive women and girls; they can also be infants, elderly women, or men. It is important to remember that anyone can be a victim of sexual assault; anyone can be an assailant. 


MYTH: Sexual assault is serious but a rare crime in the United States. 

FACT: Sexual assault is a very serious crime, true, but it is unfortunately quite common. According to the National Victim Center, approximately one in four girls and one in ten boys will be sexually assaulted before the age of 18; approximately one in three women and one in seven men will be sexually assaulted at some point in their lives. Unfortunately, victims of sexual assault remain quite hidden, fearing that their accounts will not be believed, that they will fall victim to these myths. Studies indicate that only 16% – 20% of victims ever come forward and report a sexual assault.

Download out Sexual Assault Survivor Handbook

What is stalking?

​A pattern of behavior directed at a specific person that would cause a reasonable person to feel fear.

​How many incidents make a pattern?

Two or more incidents make a pattern.  However, definitions vary from state-to-state. It’s important to be familiar with your state’s laws about stalking.

​What types of behaviors are considered stalking?

​Stalkers use a variety of tactics, including (but not limited to): unwanted contact including phone calls, texts, and contact via social media, unwanted gifts, showing up/approaching an individual or their family/friends, monitoring, surveillance, property damage, and threats.

​What if the stalker’s actions aren’t illegal (for example, sending gifts)?

​Stalking is a crime in all 50 states, the District of Columbia, U.S. territories, the military, and tribal lands. Some of the behaviors that make up the crime of stalking are criminal on their own (like property damage). Even if the behavior is not a crime on its own (like texting excessively), it may be part of the pattern of stalking behavior and victims should consider documenting and reporting it.

What does “specific person” mean?

​Stalking is typically directed at a specific person – the victim. However, stalkers often contact the victim’s family, friends, and/or coworkers as part of their pattern of behavior.

​Who is likely to be stalked?

​Anyone can be a victim of stalking. A majority of stalking victims are stalked by someone they know: a current or former intimate partner, acquaintance, or family member.

​Are men or women more likely to be stalked?

​The majority of stalking victims are female. However, people of all genders can be stalked. It is estimated that 1 in 6 women and 1 in 17 men will experience stalking in their lifetime.

​Fear

​The definition of stalking includes that a reasonable person would feel fear. It is important to note that fear is often masked by other emotions: anger, frustration, hopelessness, or despair.

​Many stalkers’ behaviors seem innocuous or even desirable to outsiders – for example, sending expensive gifts. The stalker’s actions don’t seem scary and are hard to explain.

​How can I explain what’s going on?

​Fear is contextual. What’s scary to one person may not be scary to another. In stalking cases, many of the behaviors are only scary to a victim because of their relationship with the stalker.

For example, a bouquet of roses is not scary on its own. But when a victim receives a bouquet from an abusive ex-boyfriend who she recently relocated to get away from – and she did not think he knew where her new home was – this flower delivery becomes terrifying and threatening.

It is essential for responders to ask about and understand why certain behaviors are scary to the victim.

​What if the victim is more irritated or angry than afraid?

​People react to stalkers in a variety of ways. Some may seem irritated or angry rather than scared, while others may minimize and dismiss their stalking as “no big deal.” Irritation, anger, and/or minimization may be masking fear.

​It is helpful to consider how victims may change their behaviors to cope with the stalking. Are they changing travel routes? Avoiding certain locations? Screening calls? These may be indicators that victims are afraid.

​How is stalking different than harassment?

​Stalking and harassment are similar and can overlap. Harassment may be part of a stalking pattern of behavior/course of conduct.

Generally, the element of fear is what separates stalking from harassment. Harassment is typically irritating and bothersome, sometimes to the point where a victim feels deeply uncomfortable. However, victims of harassment are not typically afraid of their perpetrators.

For example, a colleague who consistently mocks a new coworker for her appearance may be harassing her by saying cruel things and sending disparaging e-mails. While the victim is distressed and may feel sad, anxious, angry, and/or uncomfortable, she is not afraid of the perpetrator – she does not believe that the behaviors will escalate or that further harm will come to her. However, if that same perpetrator began calling the victim’s cell phone, following the victim, and/or posting disparaging things about the victim online, it could become stalking.

​Content source: The Stalking Prevention, Awareness, and Resource Center

Resources

​Stalking Prevention, Awareness, and Resource Center (SPARC)

​Victim Connect: 1-855-4VICTIM (1-855-484-2846)

National Domestic Violence Hotline: 1−800−799−7233 or TTY 1−800−787−3224 En Español

The National Sexual Assault Hotline: 1-800-656-HOPE (4673)

What is dating abuse?

​Dating abuse (also known as dating violence, intimate partner violence, or relationship abuse) is a pattern of abusive behaviors — usually a series of abusive behaviors over time — used to exert power and control over a dating partner.

Every relationship is different, but the things that unhealthy and abusive relationships have in common are issues of power and control. Violent words and actions are tools an abusive partner uses to gain and maintain power and control over their partner.

​Any young person can experience dating abuse or unhealthy relationship behaviors, regardless of gender, sexual orientation, socioeconomic standing, ethnicity, religion, or culture. It does not discriminate and can happen to anyone in any relationship, whether casual or serious.

Dating abuse is more common than you think. Some warning signs can help you identify if your relationship is unhealthy or abusive, including the examples below. Remember, the abuse is never your fault, and asking for help is nothing to be ashamed of.

​Warning Signs

​Being able to tell the difference between healthy, unhealthy, and abusive relationships can be more difficult than you think. No two relationships are the same, so what’s unhealthy in one relationship may be abusive in another. Although there are many signs to pay attention to in a relationship, look for these common warning signs of dating abuse:

  • Checking cell phones, emails, or social networks without permission

  • Extreme jealousy or insecurity

  • Constant belittling or put-downs

  • Explosive temper

  • Isolation from family and friends

  • Making false accusations

  • Constant mood swings towards you

  • Physically inflicting pain or hurt in any way

  • Possessiveness

  • Telling someone what they can and cannot do

  • Repeatedly pressuring someone to have sex

​What Does Dating Abuse Look Like?

Teens and young adults experience the same types of abuse as adults, including:​

  • Physical Abuse: Any intentional use of physical force with the intent to cause fear or injury, like hitting, shoving, biting, strangling, kicking, or using a weapon.

  • Verbal or Emotional Abuse: Non-physical behaviors such as threats, insults, constant monitoring, humiliation, intimidation, isolation, or stalking.

  • Sexual Abuse: Any action that impacts a person’s ability to control their sexual activity or the circumstances in which sexual activity occurs, including rape, coercion, or restricting access to birth control.

  • Digital Abuse: Use of technologies and/or social media networking to intimidate, harass or threaten a current or ex-dating partner, such as demanding passwords, checking cell phones, cyberbullying, non-consensual sexting, excessive or threatening texts, or stalking on social media.

  • Stalking: Being repeatedly watched, followed, monitored, or harassed. Stalking can occur online or in-person and may or may not include giving unwanted gifts.

  • Financial Abuse: Exerting power and control over a partner through their finances, including taking or withholding money from a partner or prohibiting a partner from earning or spending their money.

Resources

​Love Is Respect.org

The National Teen Dating Abuse

Helpline is anonymous, confidential, and available 24 hours a day.

Call 1-866-331-9474 (1-866-331-8453 TTY)

Chat online anytime or text “loveis” to 77057

​RAINN (Rape, Abuse & Incest National Network)

National Sexual Assault Hotline

1-800-656-4673

Live chat is available on their website

South Dakota state law provides for specific rights for victims of sexual assault and victims of domestic violence or stalking. Specifically, South Dakota law provides that victims have the following rights:

Victim Constitutional Rights

​Marsy’s Law FAQ

What rights do I have?

​See #1-19. In order to receive these rights you must request them. The State’s Attorney’s office can help with this.

Do I have to give an interview?

​No, see #6. However, you can be required to testify at trial, motion hearing, or Grand Jury if subpoenaed.

Will I receive notice of proceedings in my case?

​Yes, see #7, 8, 9, 16, 17, 18. To ensure you receive notice, do the following:

  • Contact your State’s Attorney Office

  • Register on SAVIN at savin.sd.gov

Can I talk to the prosecutor?

​Yes, see #10. Please call the State’s Attorney’s office or stop by anytime.

Will I have input on sentencing?

​Yes, see #11. You can be present at sentencing and speak or provide a letter to the Judge. The Victim/Witness coordinator in the SA office will help you with this.

Can I review the Presentence Report?

​No, see #12. Even though you were given this right, there is a law in place (SDCL 23A-27-47) making the record confidential. The State’s Attorney’s office, although we cannot provide you a copy, would be happy to discuss the presentence report with you prior to sentencing, just make an appointment with our office.

Can I object to a continuance?

​Yes, see #15. If a party files a motion for continuance, the Judge should consider a victim’s position before entering a continuance. Talk to the SA office about this.

What information will I get?

​See #19. Law Enforcement will provide you with a Marsy’s Card explaining your rights. If you have any questions about these right, please feel free to talk to the State’s Attorney or Victim Witness Specialist about this.

Can I waive my rights?

​Yes, the State’s Attorney’s office will have a form you can sign waiving all or some of your rights.

If a person is arrested is there always a Bond Hearing?

​No, in a lot of cases persons are released on a PR Bond without a hearing. If person is released you should receive notice of the release. If a Bond Hearing is set, you should receive notice of time and place for hearing.

Can I prevent disclosure of private information?

​Yes, see #5. You are given the right to prevent disclosure. If you are concerned about information about you getting out, please talk to us about that. We will take steps to protect this information. If Defense make a request for private information you or the prosecuting attorney can object to disclosure.

How do I get my property back?

​A form for return of property is available at the State’s Attorneys office. Keep in mind, if property is needed as evidence against the Defendant, return of property may be delayed.

Will I receive restitution for my loss?

​Yes, you will be paid. However, restitution is dependent on the Defendant making restitution payments as ordered by the court.

MARSY’S RIGHTS (ABRIDGED)

​1. The right to due process and to be treated with fairness and respect;​

2. The right to be free from intimidation, harassment and abuse;

3. The right to be protected from the accused and any person acting on behalf of the accused;

4. The right to have the safety and welfare of the victim and the victim’s family considered when setting bail or making release decisions;

5. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or would disclose confidential or privileged information;

6. The right to privacy, includes the right to refuse an interview, deposition or other discovery request, and to set reasonable conditions on the conduct of any such interaction;

7. The right to timely notice of, and to be present at, release, plea, sentencing, adjudication and disposition, and any proceeding during which a right of the victim is implicated;

8. The right to be promptly notified of any release or escape of the accused;

9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition or parole, and any proceeding during which a right of the victim is implicated;

10. The right to confer with the attorney for the government;

11. The right to provide information regarding the impact of the offender’s conduct on the victim;

12. The right to receive a copy of any pre-sentence report except if made confidential by law;

13. The right to the prompt return of the victim’s property when no longer needed as evidence in the case;

14. The right to full and timely restitution;

15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings;

16. The right to be informed of the conviction, adjudication, sentence, disposition, place and time of incarceration, detention or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody;

17. The right to be informed in a timely manner of all post-judgment processes and procedures;

18. The right to be informed in a timely manner of clemency and expungement procedures; and

19. The right to be informed of these rights, and to be informed that a victim can seek the advice of an attorney with respect to the victim’s rights. This information shall be made available to the general public and provided to each crime victim in what is referred to as a Marsy’s Card

* The victim may assert and seek enforcement of these rights.

WHO IS THE VICTIM?

​Amendment S Marsy’s Law expanded the definition of a victim to include:

​1) Primary Victim – a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed.

​2) Ancillary Victim – a victim also includes any spouse, parent, grandparent, child, sibling, grandchild, or guardian, and any person with a relationship to the victim that is substantially similar to a listed relationship, or a lawful representative of a victim who is deceased, incompetent, a minor, or physically or mentally incapacitated. A victim is not the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim.”

The State’s Attorney’s office will make all efforts to directly contact primary victims and any ancillary victims identified. If you believe you are an ancillary victim of a crime, you should contact the State’s Attorney’s office immediately if you want to receive information and notice about the case. Upon request of ancillary victims, the State’s Attorney’s office will make all reasonable efforts to consider and fulfill said requests. However, the primary victim can prevent disclosure of certain private information under #5 above. If you believe you are a victim in any of these cases, feel free to contact your State’s Attorney.

Crime Victims’ Rights

​SDCLA23A-28C-1

  1. To be notified of scheduled bail hearings and release from custody, to be notified by the prosecutor’s office when the case is received and to whom the case is assigned, and to be notified in advance of the date of preliminary hearing and trial;

  2. To be informed of what the charges mean and the elements necessary for conviction;

  3. To testify at scheduled bail or bond hearings regarding any evidence indicating whether the offender represents a danger to the victim or the community if released;

  4. To be protected from intimidation by the defendant, including enforcement of orders of protection;

  5. To offer written input into whether plea bargaining or sentencing bargaining agreements should be entered into;

  6. To be present during all scheduled phases of the trial or hearings, except where otherwise ordered by the judge hearing the case or by contrary policy of the presiding circuit judge;

  7. To be prepared as a witness, including information about basic rules of evidence, cross-examination, objections, and hearsay;

  8. To provide to the court a written or oral victim impact statement prior to sentencing regarding the financial and emotional impact of the crime on the victim and his or her family as well as recommendations for restitution and sentencing and § 23A-28-8 notwithstanding, the right to appear at any hearing during which a change in the plan of restitution is to be considered;

  9. To receive restitution, whether the convicted criminal is probated or incarcerated, unless the court or parole board provides to the victim on the record specific reasons for choosing not to require it;

  10. To provide written input at parole and clemency hearings or with respect to clemency by the Governor, should those options be considered;

  11. In a case in which the death penalty may be authorized, to provide to the court or to the jury, as appropriate, testimony about the victim and the impact of the crime on the victim’s family;

  12. To be notified of the defendant’s release from custody, which notice includes:

  13. Notice of the defendant’s escape from custody and return to custody following escape;

  14. Notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition, and any associated conditions of release;

  15. Notice of parole; and

  16. Notice of pending release of an inmate due to expiration of sentence;

  17. To be notified of the victim’s right to request testing for infection by blood-borne pathogens pursuant to § 23A-35B-2;

  18. To be provided a copy of any report of law enforcement that is related to the crime, at the discretion of the state’s attorney, or upon motion and order of the court. However, no victim may be given the criminal history of any defendant or any witness; and

  19. To be notified of a petition by the sex offender for removal from the sex offender registry and to provide written input with respect to the removal request.

South Dakota SAVIN stands for Statewide Automated Victim Information & Notification. The South Dakota SAVIN program is a free, automated service that provides crime victims with vital information and notification 24 hours a day, 365 days a year. This service will allow you to obtain offender information and to register for notification of a change in offender status, such as offender release.

All registrations through South Dakota SAVIN are kept
completely confidential.

There are no costs for these services and citizens can register now.

​https://savin.sd.gov/portal/