Do I need a lawyer to make a report to the police?
There are myriad issues - both legal and emotional - that a survivor should consider before making a report to police. It is not necessary to have an advocate to make a report, but there are many advantages to having one as you navigate the criminal system.
First, the police and prosecutors do not represent you. While police and prosecutors are tasked with working towards just outcomes, they represent the “people” of the community or the “government,” rather than an individual survivor. Many times, their interests are aligned with survivors’ interests, but sometimes they diverge. Having an advocate that is solely committed to your interests can be very helpful in making critical decisions about how to proceed.
Second, your privacy and safety may not be prioritized. There are limitations to the safety planning and privacy that the police or a prosecutor’s office can offer. Most law enforcement offices go to great lengths to try to protect those who report crimes, but given the available resources and laws, they may not always be able to adequately protect your safety and privacy. Having an advocate assess your security risks and create a personalized safety plan can be invaluable.
Third, you might have criminal exposure or be accused of misconduct. Depending on the circumstances, you may have criminal exposure or be falsely accused of crimes. Particularly in matters involving intimate partner violence, you should be thoughtful about whether you may be accused of behavior that may rise to the level of crime. Having an advocate evaluate the particulars of your situation and offer strategic advice to best protect your interests may be important, particularly when you are subjecting yourself to an interview with law enforcement.
Fourth, the criminal system can be frustrating and confusing. When you have been the victim of violence or misconduct, you wish for the prompt resolution of any criminal proceeding. However, the criminal system is slow moving. Having an advocate explain the nuances and run interference for you can be helpful in managing your expectations and emotions during this difficult process.
Fifth, if you change your mind after making a report, you may not be able to walk away from the process. Law enforcement is charged with protecting the interests of society, which do not always align with the emotional needs of a survivor. Particularly in sexual misconduct matters, what “justice” and “closure” looks like to a survivor is different in every case, and understanding what will be expected of you once you report is critical. Having an advocate help you work through these considerations prior to reporting may empower you to make decisions that work for you.
Alcalaw helps clients decide whether they want to make a report to the police and navigate the criminal system.
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