Surviving the Process

• Find out what resources are available to you. Some sexual assault crisis centers retain an attorney to help survivors navigate the legal system. Most courts have a Victim's Advocate, who can help you through the process, which includes providing you with Victim's Compensation information and court support.
• Educate yourself. By talking to your advocate or lawyers in your area, you can find out how your system works.
• Keep a notebook. If you are pursuing prosecution, it is likely that you will be given a barrage of names, phone numbers, case numbers and legal terms. Writing it all down in one organized place can help you feel more in control.
• Don't expect it to be quick. If you are pursuing the prosecution your rapist, it can take from eight months to over a year. I was shocked to find this out. We've all seen a little too much "Law and Order," I suppose.
• Expect your perpetrator to plead "Not Guilty." Some don't, of course, but for the most part they do enter a not guilty plea. This is not because he isn't guilty, it is because he has little to lose by doing so.
• Be as involved or uninvolved as you want. Personally, I have met with the prosecutor and talk to my advocate, but it is stressful. In many states, you can choose to be notified of court appearances your rapist will have to make by mail, or you can chose to have your advocate or the prosecutor call you. In other states, you may have to call the attorney yourself to keep up to date.
• Many of the court appearances result in absolutely nothing. In the beginning, I stressed out about every court date. Now, I don't. Sometimes nothing happens during them, so it's not worth it to me. Before court dates, you might want to ask the prosecuting attorney what the likely result will be.
• Go to the court dates if you want to, but don't feel obligated to. Send a family member or friend if you feel you should be represented, but aren't up to the task.
• If you really do not want to testify, talk to the prosecutor about accepting a plea agreement.
• Don't expect a conviction to equate healing. I hate to say this, but if you are expecting a conviction to heal you may find yourself to be disappointed. In my opinion, healing comes from positive emotional growth, not from punishing the criminal.
• Be kind to yourself throughout this process. It's tough stuff.

General Information

• Most perpetrators will be given the option of paying a bond or bail so s/he can go free until the trial. To be free from jail, he will have to give the courts the entire sum of the required bond, which will be held until the trial. If he cannot post bail, he has the option of going to a bail bondsman. The bail bondsman will require a payment, which is usually 10% of the bail. In exchange for that payment, which is non-refundable, the bail bondsman will "lend" the assailant the rest of the money, which will be given as bail to the court. If this is the case, the assailant will go free until the trial. If he cannot afford bail, or the sum required by the bail bondsman, he will remain in jail until the trial. The judge may choose not to set a bail amount, under certain circumstances. For instance, if the judge thinks the perpetrator may flee to evade imprisonment, the judge can chose to not allow him bail.
• If the offender contacts you in any way, immediately tell the prosecutor, who should be able to find ways to deter him from doing so again. His bail may be increased or revoked. In other cases, you may be able to get a protective order against him.
• Some television shows would lead you to believe that this is "your" court case. However, rape is a "crime against the state," so it is actually the state's case. What that means to you is that you are a witness in the case. Hopefully, the attorney prosecuting the case will allow you to have input in decision making, but ultimately it is her responsibility to make decisions in the case.
• Since this is a crime against the state, you should not need to retain your own attorney. A prosecutor from the district attorney's office will be assigned to your case and will have control over it.
• However, some people do find comfort in retaining their own attorneys, who keep them informed about proceedings and can explain complicated legalese.
• If the offender's attorney contacts you, do not talk to him/her, without your prosecutor present. Anyone working for the defense is likely to be seeking information to benefit the perpetrator's case. Once, a man approached my boyfriend as friendly as could be, saying that he was working on our case. It turned out that he was a defense investigator. Be careful about whom you talk to.
• Tell the attorney who is prosecuting your case everything. If you lied to the police, he needs to know it. If you were intoxicated, he needs to know it. If you do not remember something, he needs to know it. If he does, he will be able to address the issue during the direct examination. If he doesn't, the defense attorney may bring the issue up during the cross examination. It will definitely look better if the issue is addressed by the prosecutor first.
• I'd advise you to discuss the idea of filing a civil court lawsuit against the offender with your prosecuting attorney. S/he may tell you to wait until the criminal case has been decided. This is because the defense attorney may be able to make the jury think you are only doing this for money. A victim in my state lost her case for such a reason.

Your Role in The Criminal Case

Before the Trial: The prosecutor will want to talk to you in order to weigh the strengths and weaknesses of the case and find the appropriate charges. Although all decisions regarding the case ultimately belong to the prosecutor, your input should be considered throughout the pretrial phase. You should be able to discuss options with the attorney before s/he makes a decision.

At Trial: You are considered to be a witness. I expected to be sitting at the table with the prosecuting attorney, but that is not the way it works. You will not be allowed to attend the trial until after you testify. This is a rule that is in effect for all witnesses and it is to prevent your testimony from being affected by that of others. However, you are a very important witness and your testimony is essential. Ask the prosecutor to help you prepare if s/he does not offer.

Before Sentencing: Most states have a representative of the state complete a pre-sentencing investigation. The representative of the state should contact you and interview you. This is your opportunity to discuss how the sexual assault has affected your life. Your statement will be presented to the judge, who will consider this information when s/he sentences the offender.

At Sentencing: Most states give you the opportunity to write and deliver a Victim Impact Statement at the sentencing hearing. This is your opportunity to tell how the assault has affected your life, using your words and your voice. The judge will use this when s/he considers the approprate punishment.

Afterwards: Your perpetrator may be given the opportunity to speak to a parole board to ask for early release. You have the right to go to this hearing and talk to the board to help them make this decision. If the offender is placed on probation you may be able to talk to the probation officer to help develop a plan.

• Familiarize yourself with the courtroom before you are expected to appear.
  Finding out where you, the prosecutor, the jurors, the defendant and his attorney will be sitting will help you feel more prepared as you walk into the court room.
• Arrive on time.
  However, be prepared to wait.
• Dress conservatively.
  Avoid bright colors, short skirts, high heels and noticable jewelry. Also avoid wearing jewelry that represents your association with a particular group, like fraternal pins or religious jewelry.
• Mind your manners inside the courtroom and while waiting.
  A juror may be one of those people who are outside of the courtroom while you are waiting.
• When testifying tell the truth.
  If you are lying, there may be someone who can refute your story. In addition, the defense attorney, who is experienced in these matters, may be able to trip you up. If you are caught lying, the veracity of your entire story will be called into question.
• Speak clearly.
  What you have to say is very important. Make sure that you enunciate your words and speak loud enough for the jurors to hear you. Always give verbal answers, rather than nodding or shaking your head.
• When a lawyer raises an objection, stop speaking immediately.
  If you continue speaking, it is possible that it will harm the case.
• Do not volunteer information.
  Answer only what the question asks. If the question requires only a yes or no, then that's probably all you should say.
• If you don't remember something, say that.
  By saying "I don't remember," or "I don't recall," you are saying that you may have known something in the past, but you have forgotten it.
• Avoid giving exact times if you aren't sure of them.
  It's okay to give estimates if you do not know an exact time or distance. Use words like "I estimate that..."
• If you don't know something, say "I don't know."
  There may be many questions that you cannot answer about your case. If you did not actually observe or hear something, you can say, "I don't know." This means that you do not know something and never knew something.
• Remain calm.
  If the defense attorney seems to be attacking you, he may be trying to get you to lose your composure. Just pause and answer the question when you are ready. You know your truth. He's merely trying to do his job.
• Pause.
  Take a deep breath and pause before answering questions. When we're nervous, time seems to speed up. Try counting to three before answering a question, if this seems to be happening to you.
• If you don't understand a question, ask for it to be repeated.
  Defense attorneys will use confusing questions to trip a witness. If you don't understand the question, just say so. And if you still don't understand, ask to have the question repeated again and show him that you just won't answer confusing questions.

Victim's Advocate:

An employee of the state who provides victims with the information and assistance they need to make decisions

arraignment:

Court proceeding soon after arrest. The offender is brought to court, the formal charges are announced, bail/bond is reviewed and the offender's plea may be entered

bail/bond:

The offender may be released from custody (jail) while awaiting trial. This is the money or security given to the court to ensure that s/he will appear for any court proceeedings

civil court:

The court that decides matters involving the rights of individuals. Lawsuits, such as those seeking money damages are decided in civil court.

conviction:

A determination that an offender is guilty of a criminal charge

criminal court:

The court that decides matters involving crimes. All criminal violations are considered to be crimes against the state, not the victim.

cross examination:

The period in which the attorney for the defense questions a witness, which happens after the direct examination. The defense attorney may look for inconsistencies in your story as he examines you.

defense investigator:

An investigator who will be looking into your case for the defense team, usually trying to locate inconsistencies in your story or information that can be used against you. This comes before the cross examination.

direct examination:

The period in which the prosecuting attorney questions a witness. During this time, the prosecutor will be trying to help you establish your story.

parole:

The conditional release of a convicted offender before the entire sentence is served

Parole Board:

The panel that decides whether to grant parole

plea:

The offenders response to the criminal charges (usually guilty, nolo contendre or not guilty)

plea agreement:

An agreement between the prosecutor and the offender about the charges, plea and sentence. If a plea agreement is reached and accepted by the court, there is no trial.

Pre-Sentence Investigation Report:

A report about the offender that is prepared by a probation officer to be used by the judge in determining the sentence. Victims can usually provide information about the effects of the crime on his or her life as well as feelings about the offender and sentence.

probation

When an offender found guilty of a crime is released by the court, under certain conditions and the supervision of a probation officer

sentence:

The punishment ordered by the judge to be inflicted upon the offender convicted of the crime

Victim Impact Statement:

A statement by the victim prior to sentencing or acceptance of a plea agreement. The statement can be written and given to the prosecutor for submission to the judge or the victim can speak directly to the judge in court. The judge will consider this statement when deciding upon an appropriate punishment.

witness:

Anyone who testifies in court, including the victim

They asked me about my personal life and tried to turn around everything I said. I would assume that everyone would hear about this beforehand from their lawyers, but I'm not sure how much people actually believe it. I had tons of people preparing me and I was still completely shocked. I would really recommend listening to what people are telling you and practising what you are going to say. Although you can't anticipate everything, it does help to be prepared for as much as possible.

Another thing I wasn't prepared for was my body's physical reaction. The days leading up to it, I had very little sleep or food, which didn't help, I'm sure. When I got to the courtroom and starting thinking about what I was going to have to do, I kept getting the urge to throw up. Even after the third or fourth time and I had nothing left, I just couldn't stop my body from having this reaction. If you think this might be an issue for you, I would recommend asking your doctor if he or she can give you something beforehand to prevent this.

I don't want to discourage anyone from deciding to prosecute. Looking back on it now, I don't regret doing it. But it was one of the hardest things I've ever had to do. Listen to the advice from your lawyers and other people involved in your case and take as much support with you as you can -- family, friends or even a little toy or something for you told hold onto.

-Ash

I was 11 years old when I prosecuted. It was not because I decided one day to put this man in jail, but rather because someone else found out about my abuse. I used to walk around my house when I was little and say, "Frank's a pervert." That was because it was the only way I would be heard. I told my mom already and she didn't do a thing about it. I used to drema about confessing this to others, but I just couldn't bring myself to do it. I thought I would be blamed and ignored...even though I KNEW it was real.

It seems that my little sister picked up on that phrase and began to say it at school. Thankfully, her teacher was listening and wondered why someone who was 6 years old would be saying that at all. She phoned authorities right away...and my surprise was yet to come. They came right to my classroom and pulled me out, almost immediately after school started. I was comfronted by a police officer and a social worker to discuss a very important matter. . It was kind of embarrassing, at the time, because I thought I did something very, very wrong. My whole class was watching while I tried to tell myself that it COULDN'T be about that. I was SURE nobody knew, cause I hadn't told anybody.

I was taken to the nurses room...the only place we could have this kind of interview and I remained there for 7 hours as I gave my statement, through anger and tears.

Not long after that I found myself in court. I was 12 now, and testifying against an 'adult'...my mother's lover. Unfortunately I didn't have much support through that experience as my mother ahd testified against me (on HIS behalf). I had youth workers and social workers and a lawyer telling me that I was the only one who could stop him from doing it to somone else. I had realized I had nothing but myself and the obligation to something about it. So I walked into that court room and I told my story.

There was never a moment when my story wasn't criticized. I was always questioned about my motives (like I had any), or my sexual history (like I had one at that age), or my credibility...because I was 12 and aren't 12 year olds so creative with their imaginations???

BUT...I did not give in. Not even after 3 days on the stand, full of tears, full of anguish and frustration. I kept going and I knew (as I saw him across the room) that I would be the one to stop it from happening to someone else. THAT'S what kept me moving foward.

He was found guilty on 5 counts of sexual assault and sentenced to (the maximum) of 5 years in prison [Canada]. He spent less than a year in a counselling institution, in attempt to rehabilitate him and released on good behavior.

Is THAT justice? No way. But would I do it again? Hell yes!!! I'm positive that one day the law will change...when we realize how much damage these people do to our lives. We (as humans) may think this issue is invisible or that it's hopless to control but every passing moment is a chance to turn it all around. I am convinced that our voices will change the course of justice...as long as we keep telling our stories.

-Trin

I pursued the prosecution of my rapist last December. I was completely positive that he would be found guilty if I testified...he was black and I was white (still the stigma remains), he was a stranger, I was a lot younger than he was, etc. I never got the chance. At the trial, he plead guilty to sexual assault but not rape and agreed to add a year onto his sentence because there were some skinheads waiting for him in prison and he didn't want them to find out he raped a white woman. Turns out he plead guilty to avoid being caught for the rape and murder of a disabled woman a month after my rape. He is currently awaiting trial in the Grand Jury and the prosecution is seeking the death penalty. I am choosing to be involved in this trial as well so I can see him get the worst sentence possible. I will keep you informed as I go through that experience.

-Jenny

I prosecuted my Uncle at the age of 14. It was very hard for me at the time I had had no counselling of any form I was on the waiting list. It first went to trial in the Febuary and was rescedualed again and again until the October of the same year. During this time I had a wonderful child protection officer who kept myself and my parents informed of what was going on and assured us many times that this was the right thing to do.

When the time came for me to give evidence in court my Uncle decided to admit his guilt which changed the way the trial was run from then on. So after months of torture waiting and coping with the stigma of everyone know (im from a small town) I thought thank God now he will be punished for what he has done to me. How wrong could I be. Because he had admitted guilt and was apparently showing remorse for what he had done he was ordered to do 1000 community service, to pay all court costs and to attend counselling to help him never to reoffend. Was that justice? Not in my eyes.

Melanie

i was r*ped 15 months ago and my trial ended a week ago. It went for 5 days and he was found not guilty.But i think it was only on some technicality that they reached that verdict.I would agree that it would be wise to get something to stop you from throwing up as the nerved got the better of me and i threw up twice.it is a very hard thing to do but i dont regret doing it. i would recommend taking something onto the witness stand with you to fiddle with like a hanky or something.and as hard as it is really try not to take it personally what the defence lawyer sayes to you.

if you dont agree with what is being said then say so. and just answer the questions truthfully because thats all your doing is telling the truth and if your doing that then they cant mess you up. they will try to confuse you but just listen carefully to what is being said and just do your best.thats all you can do. anyone can email me if they have any questions

-Lauren

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