
Please see the following Guest Commentary from Hannah Kaufmann, Program Director for Advocates of Routt County, regarding the following Guest Commentary from the office of the 14th Judicial District: District Attorney Matt Karzen responds to Steamboat Pilot article
In light of recent media coverage regarding the Colorado Victim Rights Act Subcommittee’s unanimous decision finding that the 14th Judicial District Attorney’s Office did not comply with the Victim Rights Act (VRA), as well as public comments made by the DA’s Office about victim behavior, Advocates of Routt County feels compelled to respond.
We believe that every survivor has the right to be treated with dignity, fairness, and respect at every step of their journey. This is their right.
In our culture, there is a persistent and harmful narrative about how a victim of sexual assault is supposed to behave. When survivors do not fit into this mold, their actions, memories, and choices are often questioned. These assumptions—whether intentional or not— can contribute to a culture of victim-blaming. This culture discourages survivors from coming forward and reinforces the fear that they will not be believed.
Victim-blaming language and expectations about how someone “should” act after trauma promote a dangerous myth: that only certain survivors are credible. This myth keeps victims silent and creates barriers to help-seeking and accountability.
These same assumptions also fuel the misconception that false reports of sexual assault are common. In reality, sexual assault is significantly underreported. Evidence-based research estimates that false reports make up approximately 2–8% of reported cases. At the same time, national data shows that only about 1 in 3 survivors ever report to law enforcement. Survivors often cite fear of not being believed, retaliation, shame, or previous negative experiences with systems as reasons for not reporting.
Certain communities face additional barriers to reporting, including men, LGBTQ+ and gender-diverse individuals, people with physical or mental disabilities, individuals experiencing substance use, and members of racial or ethnic minority communities.
“For LGBTQIA+ survivors, fear of discrimination, outing, or mistreatment by systems can further reduce the likelihood of seeking help or justice after a sexual assault,” says Queer Futures Program Director, Chelsie Holmes. “According to the CDC, 79% of bisexual women experience sexual violence in their lifetime, so not only does the queer community face unique barriers to reporting, but they are also significantly disproportionately likely to be targeted.”
It is also critical to understand that there is no “normal” or correct way to respond to trauma. Responses to sexual violence are highly individual and can vary widely.
Many survivors also engage in harm-reduction behaviors during or after an assault. Silence, passivity, lack of physical resistance, or actions taken to reduce the risk of pregnancy or sexually transmitted infections are common and do not indicate consent.
It is also normal for a survivor’s memory to be fragmented, incomplete, or to evolve over time. Trauma affects how the brain stores and recalls information, and details may surface gradually throughout the investigative process. These are not voluntary choices by a victim – these are mechanisms for survival and something our body and brain does to protect us.
None of these behaviors should undermine a survivor’s credibility.
No survivor should have their instinctive responses to sexual assault questioned or used against them. Advocates encourages everyone – whether it’s law enforcement, family, or friends to start by believing. When a survivor is believed the first time they disclose, it can profoundly impact their healing and sense of worthiness.
The decision to report sexual violence is deeply personal. Advocates of Routt County is here to support survivors every step of the way following a sexual assault. Survivors have options and rights, and we provide free, confidential advocacy to help individuals understand those options so they can make informed decisions that honor their lived experience. Advocates of Routt County also works to prepare friends, family members, and professionals to respond supportively and effectively to disclosures of sexual assault.
We want survivors to know that they have opportunities to be heard beyond the justice system. This includes through restorative justice processes, participation in Advocates of Routt County’s Steering Committee, and access to survivor-centered platforms to share their stories safely, confidentially, and on their own terms. Participation is always voluntary and guided by survivor choice.
Above all else, we want you to know: you deserve justice and accountability, and we believe you.
If you or anyone you know is experiencing intimate partner or sexual violence, you can reach out to our 24/7 Safeline at 970-879-8888 and talk to a trained advocate.
Sources:
- https://rainn.org/facts-statistics-the-scope-of-the-problem/statistics-the-criminal-justice-system/
- https://evawintl.org/best_practice_faqs/false-reports-percentage/#:~:text=When%20methodologically%20rigorous%20research%20is%20conducted%20based,percentage%20of%20false%20reports%20converge%20around%202%2D8%25.
- https://www.sakitta.org/toolkit/index.cfm?fuseaction=tool&tool=48
- https://startbybelieving.org/
- https://www.cdc.gov/nisvs/documentation/nisvsreportonsexualidentity.pdf?CDC_AAref_Val=https%3A%2F%2Fwww.cdc.gov%2Fviolenceprevention%2Fpdf%2Fnisvs%2FnisvsReportonSexualIdentity.pdf
Hannah Kaufmann (she/her/hers)
Program Director
Advocates of Routt County