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I have been raped: I need help
Ø Practical advice to deal with immediate aftermath
Ø Medical advice, or where to seek medical help
Ø What happens if the incident happened some time ago
Ø Information about reporting the case to the police
"Did you know ... all rape crisis services are free"
Practical Advice
Make sure you go to a place where you feel safe.
Try and keep warm and drink fluids.
If you feel you can tell anyone, seek a friend or family member you feel you can trust. If not then you can find a rape crisis centre near you by looking at our centres page, who offer support and advice to everyone.
"Did you know ... all rape crisis services are listed on this site"
Medical Advice or where to seek it
If you have been raped, you may like you want some medical advice on a range of issues such as injuries, sexually transmitted diseases or pregnancy.
You can of contact the NHS Direct on 0845 4647 or go to the website at www.nhsdirect.nhs.uk
Your local doctor will be able to help you, but be aware that if medical evidence is required at a trial, it is advisable that the doctor who presents it has had experience in this area. If you feel nervous about visiting a doctor, take a friend you can trust with you.
You can also contact your local rape crisis centre for support and advice. Our centres list gives full details of regional centres in England and Wales.
"Did you know ... you are entitled to ask for a female doctor"
If the incident happened some time ago
If the assault happened a while ago it may not be relevant to go to a doctor. If it's a recent attack and they have injuries or feel unwell, this may, of course, be useful. However, they may want time to think this through and again, it is unhelpful to push them into doing something before they feel ready.
There may be things the person wants to think about before they seek medical help, such as what sorts of tests are really appropriate, what will appear on their medical records if they go to their G.P, and what would be the implications of some of the possible tests, particularly tests for Sexually Transmitted Diseases. Again, it is important to listen and look at choices but the person should be allowed decide all of this for themselves, if at all possible.
"Did you know ... you can call any rape crisis service: it doesn't have to be the one closest to you"
Reporting your case to the police
Introduction
Women of any age, of any background, with or without a disability can be attacked. Men can deliberately try to prevent women taking action by trying to lay the blame on women for their sexual violence. It is important that women do not accept this blame.
You may doubt your experience and may question whether yours is a valid case of sexual assault or even whether it happened at all, but any unwanted or inappropriate sexual behaviour is an abuse of power.
Choice
We believe that every woman should be able to make her own decision about whether to report a sexual assault to the police or not. We hope that the information contained here will empower women to make the decision, which is right for them. Of course there are arguments both for and against reporting. 14,000 cases of rape were reported to the police in 2003 but this represents only a small proportion of actual assaults. Of these reported cases only a few will result in a prosecution.
The following information about police and legal procedures aims to help you make the right choice for you. If you would like to talk any of this through, then please call a rape crisis helpline.
Legal Advice
For legal advice contact Rights of Women
Rights of Women is a women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights.
Founded in 1975, they offer free confidential legal advice to women on their advice line. They offer specialist advice in family law, divorce and relationship breakdown, children and contact issues, domestic violence, sexual violence, discrimination and lesbian parenting. They empower women to access their legal rights.
Police Attitudes
Police training and practice has improved dramatically over the last few years. You can now expect to be taken seriously, to be treated sensitively and with respect, and also kept informed of progress. You are entitled to see a female doctor but there might not be one available for you.
Sexual assault of adults is dealt with by a senior detective. Sexual abuse of anyone under seventeen is dealt with by the Child Protection Unit. Assault by a partner/ex-partner may be dealt with by the Domestic Violence Unit. Any of these offences can initially be reported at a police station where the officer on duty will arrange for you to be seen by the appropriate team.
It is entirely your choice whether you report what has happened to you, to the police. However, whatever you decide the services provided by rape crisis centres are there to support you. If you do decided you wish to report to the police, try here are some useful points to remember.
Do report to the police as soon as possible - this may assist in the early capture of your attacker. Medical evidence ideally needs to be collected within 72 hours of the attack.
Do not was or change you clothes, as this may destroy vital forensic evidence, which could help a prosecution case. Many women feel an overwhelming desire to wash and scrub their body after an assault. If you have instinctively washed, don't worry, you can still press charges, but let the police know.
If you go to the police station try to bring a spare set of clothes, including shoes and a coat, as the police may want to keep you’re your clothes as evidence. The Police will however, assist in obtaining other clothing (if you do not bring a spare set) and provide a pack of toiletries which includes underwear.
Do not take alcohol or drugs with you to the police station as this may lessen your credibility.
Your Rights
You have the right to have someone with you for support (a friend, relative or support worker).
· If English is not your first language you can ask for an interpreter.
· If you have a hearing or speech impairment you can take someone with you who will be able to interpret.
· You have the right to see/ask for a female police officer.
· You have the right to be examined by a female doctor or your own GP (if she or he has been trained in forensic practice).
· You have the right to leave the police station at any time.
At the police station
Once you have reported the attack, a specially trained police officer (you may request a female or male officer) will be appointed to "chaperone" you. Your chaperone will accompany you to the Rape Suite. Their role will include advising you of the procedures at the police station and at Court, whilst also supporting you through some of these. Make a note of the relevant officers dealing with your case, such as the investigating detective and your "chaperone". You will then know who to contact whenever you need updating on progress or need advice. Importantly, it is your chaperone who should advise you when the attacker is arrested, and if he is subsequently held on remand or granted bail.
Examination and Statement
Most police stations now have a "Victim Examination Suite". When you report the incident to the police there are two main stages to the police procedure.
1. Examination
Either before or after making a statement to the police you will need to be examined by a doctor. The purpose of the examination is to:
· See if you need medical attention. If required the doctor will arrange for you to be treated at a hospital.
· Look for evidence - this may require the doctor to take various samples - saliva, urine, blood and pubic hair and swabs from the mouth, rectum and vagina. The examination may feel intrusive but it should only last 15 minutes.
The police may also want to take a photograph of any injuries sustained in the attack. You can request a female photographer and the police officer in the case should automatically request this if the photographs are obviously personal.
2. Statement
You will be required to make a statement. This will probably be a very demanding experience as the police will be asking many detailed questions. Ask for periodic breaks whenever you need. If you are able to, try to read through the statement carefully when it has been completed - the statement will be used in Court, so accuracy is important.
It is important to be aware that your statement WILL NOT be confidential. It will be made available to your attacker, because the law requires that defendants know the charges being made against them. Your personal details such as name, address, telephone number etc should automatically NOT be included in the statement, but you should confirm this with the officer taking the statement.
Fingerprints
The police may want to take your fingerprints - don't worry, this is sometimes necessary to distinguish your prints from any others, in an effort to identify the attacker. They will be destroyed once the case is complete.
Identification
You may at some stage have to try to identify your attacker from an "identification line-up". This may be a difficult task and you will probably be apprehensive and fearful of seeing your attacker. You will be protected by a one-way screen and will not be seen by anyone from the "line-up". Nevertheless, it's a good idea to take someone with you for support. A member of your local rape crisis group may be able to accompany you if you wish.
"Did you know ... someone from rape crisis will go to court with you if you want them to"
Court Procedures
The first stage in Court proceedings is the Committal Hearing. The defendant (the attacker) will be brought before the Magistrates where it will be decided if there is enough evidence for the case to go forward to the Crown Court for a full trial. No verbal evidence is given at committals so you should not be required to attend.
Committal to Crown Court
If the case is to proceed to the Crown Court then there will probably be a delay (about six months on average) before the actual trial takes place.
You will normally be given a fixed date a few weeks before the trial, but this may be subject to change. This may cause difficulties in childcare arrangements and planning leave of absence from work.
If you have never been to a Crown Court before the roles and routines can be confusing an intimidating. It might be helpful to go along before your case to familiarise yourself with the environment. The Witness Support Service and the Court will help by showing you the Court, sitting with you and arranging privacy if needed. The police chaperone will also be there to help.
Below are some of the main characters you will find at Court:
The Judge - controls/oversees the trial. He sits at a level higher than the rest of the Court and wears robes and a wig.
The Jury - sit in a box to the side of the room - they are all in everyday clothes. Both the defence and prosecution barristers and REJECT or ACCEPT members of the jury. You will not be able to choose.
The Clerk - wears black robes and sits directly below the Judge.
Barristers - sit at opposing ends, defence barrister on one side, prosecuting barrister on the other. They wear black robes and wigs.
Ushers – see people in and out of the court and ensure procedures run smoothly.
The Press - sit opposite the jury box. They will usually take notes for their reports. Cameras are not allowed in the Court so photographs will not be taken - although journalists are allowed to draw sketches, but not of you. There are strict reporting restrictions placed on journalists and they are not allowed to reveal the identity of women who have experienced rape/sexual assault, although they can reveal the details of the attacker.
Police - will be in attendance at Court - both uniformed and plain clothes.
If the defendant pleads guilty then you will have no further part in the proceedings as it will only remain for the Judge to either pass sentence there and then or adjourn the case while he obtains relevant reports.
Plea Bargaining
If the defendant pleads not guilty then "plea bargaining" may be initiated by the prosecution/defence team. Under the Victims' Charter, the prosecution must take your views into account before a decision is made. In effect the defendant will be asked whether he is willing to plead guilty to a lesser charge - e.g. sexual assault rather than rape. This would guarantee a conviction.
Before deciding to agree to this you should be aware that:
· You would not have to testify at Court
· The attackers punishment will be less severe
The trial
The prosecution will outline the case against the defendant and then go into the case in detail. Witnesses will then be called. You will probably be the main prosecution witness. You do not have a barrister representing you, the court sees you as a witness.
When you take the stand you will have to "swear" on a religious book (e.g. Koran, Old Testament) that you will tell the truth. If you are not religious you can "affirm" to tell the truth.The prosecution will ask your name, but as you are allowed to remain anonymous you can simply write your name on a piece of paper. You will then be addressed by a fictitious name throughout the trial.
The prosecution will ask you to state what happened and try to establish certain facts. The defence, on the other hand, will probably try very hard to discredit your account of events, and you should be prepared for rigorous questioning.
As a helpful guide, try to remember:
· Don't be afraid to ask for clarification if you are not sure about certain questions.
· Answer questions at your own pace.
· If you do not feel comfortable answering certain questions then ask the Judge if you can reject the question.
· Questions relating to your past sexual history are allowed in certain circumstances at the discretion of the Judge.
· If at any stage you feel overwhelmed, ask the Judge for a short adjournment (break).
· After your testimony you can sit in the public gallery and see how the case develops. However, bear in mind that family and friends of the defendant may be there.
"Did you know ... it takes time to heal and that's okay"
After the court case
After the trial, the Judge will sum up the prosecution and defence cases. The jury will adjourn to another room to consider their verdict.
If the defendant is found guilty then the Judge will consider and set what he believes to be an appropriate sentence. A defendant can usually get a lighter sentence if he pleaded guilty at the start of the case.
After the trial nothing more should be required of you in relation to the legal process. The defendant may appeal against either his conviction or sentence, but you will not become involved in this.
Under the 1990 Victims' Charter the Probation Service has a responsibility to liaise with victims of crime. You should be contacted by the Probation Service within two months of the attacker being sentenced. You will be given the opportunity to be kept informed of important decisions relating to the offender, including his release date. For further information please contact the Association of Chief Officers of Probation, 212 Whitechapel Road, London E1 1BJ (020 7377 9141).
The trial can be an invasive and painful ordeal. If the CPS decide to prosecute, we hope that they are successful in securing a conviction against your attacker. However, it is important that if you feel it is not in your best interests to prosecute, you should not feel pressured into doing so. The decision you take has to be right for YOU.