Common Questions
Legal Disclaimer: The following is basic legal information, provided as a public service by Wyoming’s lawyers. The information provided is not a substitute for speaking to an attorney. Only an attorney can give you legal advice regarding your specific situation. Click here for help finding a lawyer.
According to state law, a person who is unconscious (passed out), asleep or otherwise physically unable to communicate their unwillingness to act, whether from alcohol, drugs, or illness, cannot give consent to sex. Therefore, if sexual contact occurs under one of these conditions, it is sexual assault.
Various drugs are used to facilitate rape. Alcohol is by far the most frequently used. Click here for more information on alcohol and sexual assault.
W.S. 6-2-301 et seq.
Perpetrators use different levels of force to commit sexual assault that may include causing submission, coercion or manipulation. Specific areas of sexual assault may include:
Forced sexual intercourse (rape);
Sodomy (anal sexual acts);
Oral sexual acts;
Sexual contact;
Child molestation;
Incest;
Fondling, and
Attempted rape.
For your health and well-being, it is important to get tested for HIV and other sexually transmitted infections. If you are female, you may also have concerns about pregnancy.
If you choose to report an act of sexual assault, you can call the police or seek medical attention as soon as possible. You are not required to cooperate with law enforcement in order to have a medical forensic examination. The sooner it is reported the more likely important evidence of the assault will be available. For more information about reporting a sexual assault, Rape Abuse And Incest National Network (RAINN) has compiled a list of frequently asked questions.
To protect the evidence of the crime, it is recommended that you do not:
Throw away any clothes that were worn at the time of the sexual assault;
Shower or bathe;
Brush or comb any body hair;
Use the restroom;
Brush teeth or gargle water or mouthwash;
Put on makeup;
Eat or drink anything;
Clean or straighten up the crime scene.
If it is decided that charges will be brought against the perpetrator, the state prosecutor (District or County Attorney) will file criminal charges. The prosecutor will work on behalf of the state and not you directly, to hold the offender criminally responsible. All of the evidence collected will help the prosecutor pursue the perpetrator. It is important to note that many sexual assault cases are resolved through plea bargains. A plea bargain is where a defendant (perpetrator) agrees to plead guilty in return for a reduced sentence and penalty. In that situation, chances are better that the case will be criminally resolved without you having to testify.
In cases that do not involve plea bargains, the prosecutor will look at the evidence and determine if there is enough to bring the case to trial. If the case goes to trial, you will very likely be asked to testify as a witness for the state.
It is also likely that you will be given a victim/witness advocate to guide you through the reporting process. The reporting process can be very emotional and may require you to lean on friends and family for support. Additionally, you may wish to discuss any concerns you have with the prosecutor, before you go to trial.
For more information about sexual assault crime victim’s rights, visit the Wyoming Division of Victim Services website.
If I do not want to report the sexual assault to the police, are there any other legal actions I can take?
There are many potential advantages to pursuing a sexual assault claim in civil court. In a non-criminal case, also called a civil lawsuit, the victim can ask for damages (money) for the emotional and physical trauma experienced from the sexual assault.
Your attorney can take measures to protect your privacy and mitigate the negative effects the sexual assault may have on your housing, employment, and educational situations.
It is important to educate yourself about the advantages and disadvantages of filing a sexual assault case in civil court. It is strongly recommended that you contact an attorney to evaluate your case.
In Wyoming, there are several organizations that may be able to handle your case or refer you to someone who can.
Wyoming State Bar Attorney Referral Program
Wyoming Trial Lawyers Association
Wyoming Coalition Against Domestic Violence and Sexual Assault
Family and Child Legal Advocacy Clinic
An attorney may be able to assist you if any of the above situations apply to you. An attorney can discuss whether you qualify for disability leave, unemployment insurance, or vacation time, sick time, or a personal leave of absence. Additionally, the attorney may be able to negotiate with your employer for reasonable accommodations, time off, transfer of the perpetrator, or firing of the perpetrator, when appropriate and applicable.
Furthermore, many employers have policies dealing with perpetrators of sexual assault because the employers also benefit from safe environments for their employees. As a result, you may also be able to claim worker’s compensation if you were assaulted at work by another employee.
You should seriously consider reporting the incident to your boss or human resources manager if the episode occurred when you were working. By reporting the incident, you are letting others know what is going on. If you feel it is safe to do so, reporting the incident may help further protect you in the future and may prevent others from being harmed.
It is recommended that you seek the advice of a lawyer if you were sexually assaulted at work. Click here for help finding a lawyer.
Additionally, schools typically have policies that deal with perpetrators of sexual assault because they would like safe environments for their students.
Reporting may be complicated when the sexual assault occurs on college campuses. Typically college campuses are small communities, which are shared by friends. People may pressure you to not report the assault. Additionally, even if the perpetrator leaves campus, the perpetrator’s friends may be set on retaliation. These issues should be discussed with both your school and an attorney in order to ensure your safety while on school grounds or campus.
What if I am not a citizen of the United States, but I am a victim of sexual assault? (¿Qué pasa si no soy ciudadano de los Estados Unidos, pero yo soy una víctima de agresión sexual?)
You or a member of your household are the victim of domestic abuse or sexual assault on the premises owned or controlled by the landlord;
You give seven (7) days written notice to the landlord before vacating the property and the notice states that the reason for vacating is because of domestic violence or sexual abuse and includes the date of the violence, and you provide documentation of the violence from medical personnel, police, or from the court; and
The written notice is provided within 60 days of the date the violence occurred.
You might also have a claim for a breach of contract if your landlord does not allow you to get out of your rental agreement.