Historically, in our country, the rights of women and children have not be on par with those of men. A well known example is that a women could not get her own credit card until 1974. 1 , 2 I have a friend who was the primary bread winner, living in Utah, and she obtained a divorce in 1986. In spite of the fact that she made all the money, after her divorce, she had to ask her father to co-sign for her to obtain a credit card.
That’s just money.
In 2020, there was a viral post that both USAToday3 and Snopes.com4 that listed 9 things women couldn’t do in 1971:
9 Things Women Couldn’t Do In 1971:
Get a credit card in her own name.
Be guaranteed that they would not get fired for getting pregnant.
Serve on a jury.
Fight on the front lines.
Get an Ivy League education.
Take legal action against workplace sexual harassment.
Decide not to have sex with their husband. (emphasis added) 5 , 6
Spousal rape was not criminalized in all 50 states until 1993.7 , 8 , 9Obtain health insurance at the same monetary rate as a man.
Take the birth control pill
Those are just Nine basic things that women couldn’t do – or be protected from – until the 1970s. Children have less rights than women.
Today, according to a Human Rights Watch (HRW) report, “United States state laws overwhelmingly fail to meet international child rights standards." This report cites examples of the U.S.'s failures are “child marriage, hazardous child labor, extreme prison sentences, and violent treatment." In assessing the U.S.'s handling of children's human rights, HRW assigned 20 states a failing grade of F, while 26 states received a D. No states received an A or a B. In justifying the lower grades, the report claims, for example, the report said: “Child marriage is legal in 43 states."10
In the 1960s and 1970s, children’s rights were less. After Paperdolls: Healing From Sexual Abuse in Mormon Neighborhoods was published, one of my childhood neighbors contacted me. She thought that her mother11 was aware of what was happening to me as a child, and tried to report it, but there was no where to file a report.
Up until 2016, if I wanted to file a civil complaint against a perpetrator, I would have had to do so within four years after my eighteenth birthday. Anyone who has read Paperdolls (any version) knows that I started dealing with and remembering all of the abuse of my childhood when I was in my thirties. In short, the Statue of Limitations had run out. 12, 13
With all that said, would I have reported or sued? I’m not sure. It’s impossible to say because it simply wasn’t an option for me. I cannot advise or tell any survivor what to do in this regard.14
RAINN the nation’s largest anti-sexual violence organization states, “The decision to report to law enforcement is entirely yours.”15
If you decide to report the assault to law enforcement, I highly recommend taking a someone with you. A support person, or a trained advocate. You can have someone with you. RAINN’s website agrees with this recommendation: 16
You can have support. It can be helpful and comforting to have support when communicating with law enforcement.
A trained advocate. When you call the National Sexual Assault Hotline, the sexual assault service provider in your area may be able to connect you with an advocate who is trained to support you while you talk to law enforcement. Some law enforcement agencies also have trained advocates available.
Someone you trust. If you want a family member, friend, or partner to be present, you can have that too. Be aware that family or friends who are present when you speak with law enforcement may be called as witnesses if the case goes to trial. If the officer asks to speak with you privately, understand it’s likely to help you feel comfortable disclosing information that may feel private or sensitive. You can refuse this request.
In 2022, I became aware of a the jarring report entitled, “Unfounded Sexual Assault: Women’s Experiences of Not Being Believed by the Police”17
The abstract states:
"...high rates of unfounded sexual assaults reveal that dismissing sexual violence has become common practice amongst the police. Much of the research on unfounded sexual assault is based on police perceptions of the sexual assault, as indicated in police reports (emphasis added).”The introduction includes:
“Despite the role of police officers to investigate and present evidence to a prosecutor (Venema, 2016), research suggests that police officers often make decisions about the truthfulness of sexual assault reports prior to a thorough investigation (Maddox et al., 2012). Shaw et al. (2017) found that increased victim blame by police during the investigation of sexual assault resulted in fewer investigative steps and decreased the likelihood of the case proceeding to prosecution.”18
To my beloved survivors, your well-being and healing is paramount. This is your decision. RAINN also commented that “Some survivors say that reporting and seeking justice helped them recover and regain a sense of control over their lives.”19
Again, this is your choice. Don’t let anyone ever bully you or tell you what to do in this regard. If you need help and support in making this decision, please call the National Sexual Assault Hotline 800.656.HOPE (4673).
This entire post was about the choice a victim/survivor has regarding reporting a Sexual Assault to the police. Again, it’s your choice.
To Observers or Witnesses (not victims/survivors):
If you have witnessed or know of a child who is being sexually abused—report it. As an observer, you don’t have the skills to ascertain what is happening and why, just report it. In virtually every state, including Utah, mandatory reporting of child abuse (including sex abuse) is now the law. 20 Call 9-1-1 and let the professionals take it from there. You don’t even have to follow-up. You’ve reported it and your anonymity is ensured. If the matter continues through legal channels, you might be called as a witness. In that event, simply tell the truth of what you saw or know. You could save a life.
intentionally emphasized this item because the focus of Paperdolls is to educate and help survivors of sexual assault.
A Revolution in Rape, Time Magazine, April 2, 1979, Page 55
https://time.com/vault/issue/1979-04-02/page/56/
When Spousal Rape First Became a Crime in the U.S.
https://time.com/3975175/spousal-rape-case-history/
Her mother died in the 1980s, and we have no way to verify this
Here is a link to Statue of Limitations Reform, to help identify the Statue’s in your state: http://sol-reform.com/
The only thing I can tell you is that there is nothing special about me. If I can heal and have an authentic, meaningful life then you can also. You can heal. Please stay on this earth. Life is beautiful.
Ibid
Utah Code 80-2-602(1) provides "... if a person...has reason to believe that a child is, or has been, the subject of abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, the person shall immediately report the suspected abuse or neglect to the division or to the nearest peace officer or law enforcement agency."
https://le.utah.gov/xcode/Title80/Chapter2/80-2-S602.html?v=C80-2-S602_2024050120240501
SOOOO EXCELLENT!!! Yes. The State of Utah was the only state to refuse to extend the statue of limitations for past crimes of sexual abuse against a child. Our supreme court ruled that those who were molested before the legislature expanded the time frame a victim could bring charges simply were ineligible to pursue any type of legal justice. April, your abuse is considered irrelevant by Utah police and prosecutors. Sadly, this affects so many victims--almost all the harmed Boy Scouts--and is quite unique in the United States. Our Dominating religion filed a brief to the court to give their godly opinion ensuring that perpetrators have more opportunity to get away with the horrendous crime and can continue hurting children. So, if you were a victim before about 2010 you don't have a choice. You can't report to Utah's legal system.