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More than one Alaskan has sought legal advice and representation from our law firm based on experiencing sexual assault and abuse by powerful men, including a physician, a famous athlete, an elected official, and the director of a state agency. Survivors have the right to seek criminal charges and to pursue civil actions stemming from a sexual assault. Survivors of sexual assault should seek legal counsel to help them report and assess their legal options.
After survivors report and document the gruesome details of a serial rapist’s crimes, no criminal investigation, prosecution, or conviction follows in the majority of cases. Even — or perhaps especially — in cases where the alleged assailant is a public figure, there is a huge power imbalance between assailants and survivors. The alleged rapists in these cases have more money, higher standing, good will and ability to navigate the system than do their victims. Victims of sexual assault by public figures who seek justice face huge structural and personal barriers to getting justice and being able to heal from traumatic injuries of sexual assault.
Alaska news is full of reports of powerful men who have allegedly committed sexual assault and abuse. Almost none of these powerful men have been prosecuted or sued.
A recent news story reporting multiple allegations of sexual violence by multiple victims points to a larger problem in our state — a lack of law enforcement investigation and prosecution of sexual assault, sexual violence and crimes against women.
Alaska leads the nation in sexual violence, yet only a small fraction of reported sexual assaults are prosecuted. The failure of law enforcement to treat sexual violence like other violent crime is no secret. Alaska’s survivors know that if they report their assaults and go through the invasive and traumatizing experience of a sexual assault examination, there is a minuscule chance that their case will be prosecuted or lead to a conviction.
Alaska law enforcement’s failure to investigate and prosecute crimes against women at the same rate as other violent crime is sex discrimination. Survivors deserve to be able to safely report sexual violence and to expect that law enforcement will investigate their reports. Prosecutors should be prosecuting crimes of sexual violence at the same rate as other reported violent crimes. Alaskans must continue to work to stop sexual violence, and we must advocate for equal treatment of crimes against women, especially when the alleged offender is a powerful man.
Caitlin Shortell is an Anchorage-based attorney.
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