Many states have laws in place to provide victims of criminal justice processes with legal protections during proceedings. This may include provisions such as notification (e.g., notifying them when hearings are scheduled or cancelled); participation in proceedings; protection from intimidation or threats; restitution and compensation payments.
Criminal proceedings hold those directly responsible for an assault accountable, but you may also file civil suits against other people or entities for money damages in civil suits – this may include property owners who failed to provide security services.
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Reporting to Law Enforcement
One of the greatest difficulties for survivors is deciding whether or not to report an assault to law enforcement. If this decision is made, officers will conduct interviews regarding what took place and document this incident with a crime report.
Surviving victims may collaborate with police as a way of seeking accountability in the criminal justice system or uncovering patterns which would help stop future attacks, though many remain reluctant due to feelings of self-blame, gaps in memory, anxiety about working with law enforcement officers and distrust for law enforcement in general.
Delaying reporting to police may mean losing valuable evidence, such as physical proof (like torn or bloodied clothing), witness testimony and results from bodily examinations. Therefore, the Department of Justice issued guidelines to law enforcement to ensure their responses to sexual assault victims are sympathetic and trauma-sensitive.
If a survivor decides to report, she or he should contact their local police department or campus security and arrange to meet with an officer in private for an interview. To preserve evidence, survivors should avoid showering, combing their hair or changing clothes prior to this meeting. After meeting, officers will provide them with case numbers and contact info for detectives who will follow-up with them about investigations conducted against perpetrators as well as whether charges will be brought against them.
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Preparing for Court
After being assaulted, survivors may engage both the criminal justice and civil legal systems to seek recourse for their abuse, such as filing orders of protection or seeking compensation from perpetrators in civil cases. According to research, survivors frequently rely on informal support people (SPs) as intermediaries between themselves and law enforcement and members of the legal system – these SPs provide encouragement for reporting incidents to authorities while playing an instrumental role in interactions with police, prosecutors, and judges.
As cases reach trial, victims often must testify. Although sharing their experience in public may be daunting for survivors, special accommodations may be available through their state’s Victim Bill of Rights or they could seek the services of an advocate during testimony. It can often be helpful for survivors to have legal representation when testifying or accompany them when testifying at court hearings.
If the perpetrator of crime is found guilty, a sentencing hearing will occur to order their sentence. It can either take immediate effect or may occur days, weeks, or months later – leaving victims upset and angry if the perpetrator escapes with no penalty at all or receives less severe sanctions than they expected.
Testifying in Court
Surviving sexual assault often finds themselves called to testify at the criminal trial of their perpetrator. While this may be daunting for victims who may never have experience testifying before, victim advocates can provide invaluable assistance by preparing and answering any queries prior to court appearances.
Many survivors must testify in civil trials as well, so it’s crucial for them to remember that legal professionals will assist in preparing them for this experience. Their only job in court should be telling the truth without feeling pressured into agreeing with whatever decisions are made by jurors.
Testifying can be nerve-wracking and it is essential for victims to keep in mind why they are there: to help other victims who may have experienced similar harm. Victims should stay hydrated during testimony and take short breaks (if needed) during testimony if necessary; also it’s best not to discuss their case on social media or any other platform, as doing so could compromise their testimony and hinder progress of the case.
Past research on survivors’ experiences of the legal system has predominantly focused on their interactions with police and prosecutors; less attention was paid to how informal support providers may help survivors navigate it more successfully.
Filing a Lawsuit
Sexual assault survivors must often interact with many members of both criminal and civil justice systems – from police, prosecutors and judges (as well as defense attorneys) – depending on their case, survivors might also need to communicate with staff associated with orders of protection, child custody decisions and federally available crime victim compensation programs.
As soon as an incident has taken place, it is crucial that law enforcement investigate the incident immediately to prevent perpetrators from getting away with crime and provide valuable evidence should you decide to file a civil suit for injuries sustained in an accident. Furthermore, seek medical treatment for any injuries sustained and ask witnesses to provide testimony supporting your version of events – witness testimony can make perpetrators’ actions seem more credible to juries.
Civil lawsuits provide you with the opportunity to recover financial damages for physical injuries, emotional distress and any monetary losses such as lost wages. They may also cover future medical expenses and rehabilitation costs. To maximize the likelihood of receiving fair compensation for your injuries, keep records and documentation (receipts/invoices etc) detailing all treatments received, along with copies of any supporting documents/statements provided to the court.