Why should I report?

• By reporting, you are doing something that can be emotionally helpful to you.
• You are expressing your rights as a survivor. You can claim the right to have this crime taken seriously, and let your assailant know that you are going to fight back.
• As the victim of a crime, you can express your own needs and opinions to the court. When the assailant is convicted, you can make a statement to the court about the effect the rape has had on your life and what you believe is a fitting punishment.
• By reporting the assault, you may stop a rapist from doing this to others. Most perpetrators do not rape just once; they will keep doing it until caught.
• You are not alone. There are people who can help you with the process of reporting the rape and prosecuting the assailant.
• Through your local Rape Crisis Center, you can contact someone who will offer emotional support and help you decide what to do. The Victim / Witness Advocate who works with the District Attorney will be able to keep you informed about what is happening.

Why do I need medical attention?

Get medical attention right away!

Medical attention is very important to someone who has been raped. It can help in several ways. During a medical exam, a doctor will:

• Check for any injuries that you may not be aware of
• Prescribe medication to prevent pregnancy or sexually transmitted disease, if you are at risk.
• Collect evidence for the prosecution. If you have decided not to report the assault, the evidence will be assigned a number and held for 90 days in case you change your mind. To preserve evidence, it is important not to shower or change your clothes before the medical exam. The clothes you were wearing at the time of the assault may be kept for evidence, so take a change of clothes with you.

The best place to go for medical attention is the Emergency Room of your local or regional hospital. The hospital staff will treat you with understanding and they can do a thorough job of collecting evidence.

To find out more about the medical exam, call your local Rape Crisis Center.

What will happen once I have reported?

Remember - you do not have to do this alone!

When a crime is reported to the police, the process of finding evidence and building a strong case begins. This is the job of the police and the District Attorney. The D.A. will argue the case in court; you do not need to hire a lawyer.

When you report the assault, you will be interviewed by a detective or investigating officer. You will be asked detailed questions about what happened.

You will need to make a statement to the police. This can be done while you are at the police station. Charges cannot be brought against the perpetrator until you make a statement.

It is very helpful to have physical evidence and this is one of the important reasons to get medical attention. During an exam, a doctor can gather evidence of the assault. The evidence will be turned over to the police and taken to the state lab.

An arrest can be made shortly after your statement is given to the police, or the suspect may be summoned to appear in court at a later time. Sometimes an arrest warrant or summons is not issued until after Grand Jury.

The Grand July is made up of about 20 jurors. This is an informal hearing with no judge, and with out the perpetrator present. After the District Attorney presents the case, you tell the jury, in your own words, what happened. The jury will decide whether or not to charge the perpetrator and move the case to Superior Court.

After the Grand Jury the perpetrator is arraigned in Superior Court. You do not have to be there.

A date will be set for the trial. There are often delays and cases seldom go on trial on the first date set. The Victim Witness Advocate will keep you informed and will make sure you know when you need to be in court.

When the case goes to Superior court you will be called to testify. You will be questioned by both the District Attorney and the perpetrator's defense attorney. The District Attorney will be working to prove that the perpetrator has committed a crime against you.

If the offender pleas guilty before the case goes to trial, you will not testify in court.

After the perpetrator pleads guilty or is found guilty, you will have the opportunity to tell the court, both in writing and in person, how the assault has affected you. This is called a Victim Impact Statement, and the judge gives this serious consideration before sentencing the perpetrator.

I have some questions about reporting.

What if I am harassed or threatened after I report?

Any suspects will be warned by the police to stay away from you. If necessary you can get a Protection from Harassment Order.

But I don't want anyone else to find out.

Although they sometimes make mistakes, newspapers do not print any identifying information in the paper. It is your choice, outside the courts, who you tell.

I just want to forget it.

Most victims of rape would like to simply forget it. Unfortunately this is hard to do. Healing from rape does not happen quickly and sometimes filing charges can help a victim feel empowered and in control again.

What if the police and everyone blame me?

It was not your fault! You have been the victim of a crime. In recent years, the police and the courts have become more sensitive and less accusing. Your local Rape Crisis Center can put you in touch with understanding officers.

I am a man. Will anyone believe I was assaulted?

The staff at the Rape Crisis Center will believe you. They know that rape and incest can happen to anyone. They know that victims of assault can be of any age, sex, race or sexual orientation. Because male victims are beginning to ask for help; the police, hospital staff and the courts are getting better at believing too. We have male advocates available to talk to, if you wish.

If I bring a charge of rape, can I be sued for defamation of character?

Although this is legally possible, it almost never happens. Lawyers and rapists are very hesitant to take these cases to court; they have a lot to lose.

What about going to court? I don't know if I can keep telling this over and over; it's hard to talk about.

Yes, it is hard to talk about, that's very understandable. You will be asked questions by the doctor, the investigating officer and the District Attorney. When the case goes to court, your testimony will be needed. You may want a friend or someone from a Rape Crisis Center to go with you for support.

What kind of questions might I be asked?

You will be asked specific questions about the assault and possibly about other things that happened that day. Questions about your prior sexual activity can not be used against you.

What if the person who assaulted me is found not guilty?

First, a "not guilty" verdict does not mean that the rape didn't happen or that it was your fault. It means simply that the jury did not feel that they had enough evidence to convict the perpetrator. It is important that you have a support network of people who believe in you and will help you remember that you were not at fault. If the offender is found not guilty in criminal court, you still have the option of suing for damages in civil court. While criminal law requires evidence which proves guilt "beyond a reasonable doubt," civil court only needs a "preponderance of evidence." You will need to hire a lawyer to bring a civil suit.

One last note:

Recovery is a slow process and should not be faced alone. Even if you decide not to notify the legal authorities, you have the right to counseling and medical attention. Rape can't be "just forgotten," take care of yourself and ask for help when you need it.

Where can I go to get help?