trial begins sooo soon

[helphelphelp]

This was originally posted on the old forum on Monday, September 01, 2003

I am so scared. I am a victim of rape at a huge University in 2002. My persistence and motivation has enabled me to secure an indictment for two counts of rape. My University trial is set for the end of September, and the criminal trial is set for the beginning of September, although I am almost certain that it will be delayed for quite sometime. Throughout this whole terrible process, I have been wanting to talk to someone who has been through the trial. I am so scared. The only thing that haunts me is seeing the rapist in person. I used to be very good friends with this person. It wasn't until I learned that he had done this almost a dozen times, that I knew I had to take action, and fast. It is sad to say, but I recently learned that someone reported him for rape in the dormitory prior to me, in fact only 14 days before. He was found guilt by the university and his sanction was to be moved to another dorm!! That is where he raped me. Without getting into the details, will someone please tell me, I beg, what is the best advice to give someone in my shoes. I am terrified. Please email me or respond ASAP! (stacycelia@aol.com) I can?t even sleep at night.

[Snoopyseed]

I have sent you a personal email but in case you don?t get it here is a few tips.
If the defendant - the person accused of the crime - pleads guilty you will not have to give evidence, however, if a "not guilty" plea is entered, you may have to take to the witness stand.

Most of us have never even set foot inside a court building, so it's quite normal to feel nervous and apprehensive. Before the event, you will be sent a letter with an advice leaflet that tells you where and when you should go, and outlines what you should do. The Witness Service, available throughout England and Wales, will be able to advise and guide you on what will happen when you arrive. They will also be able to help you arrange a tour of the court building before the trial starts so you can familiarise yourself with the surroundings, but for legal reasons, they will not be able to discuss the details of the case itself. The Witness Service is both free and independent of the police or courts.

You should not talk to anyone before your appearance about the evidence that you are going to give, including other witnesses, even if they are friends or members of your family. When you arrive at the court you should give your letter to the receptionist or the usher and they will tell you where to wait. You can also ask to see someone from the Witness Service. If you are concerned about accidentally meeting friends or family members of the defendant, you should tell the court usher or Witness Service person who will try to find you somewhere else for you to sit.

If you made a statement to the police and you want to read it before you give evidence, you should ask the lawyer dealing with the case if you can have a copy. Because of the way trials are organised, delays can be very common. New systems are being introduced to try to give witnesses a clearer idea of exactly when they will be needed, but it is very likely that you will have to wait around. You might want to take something to read. When it is your turn to give evidence, your name will be called and you will be shown into the courtroom and guided to the witness box. You will also be asked to swear an oath to tell the truth, on the holy book of your religion.

If you don't practice any religion, you can affirm, which is a promise to tell the truth. If it helps, someone from the Witness Service may be able to accompany you into the court - but not into the witness box. If you are a prosecution witness then they will ask you questions first, and then the defense will ask you questions in what is known as a cross-examination.

The judge or magistrate may also ask questions. If you are in a Crown Court there will be one judge and a jury. The judge and the lawyers will usually wear wigs and gowns; court officials will be wearing black gowns too.

If you are in a magistrates' court, there will not be a jury, instead there will either be three magistrates, or one magistrate who is a qualified lawyer. Nobody will be wearing wigs and gowns.

If the accused pleads not guilty then you will probably have to give evidence. You are entitled to full anonymity for the rest of your life, so your personal details won't appear in the press unless you waive that anonymity. The case would be heard at a Crown Court before a judge and jury and you can get help and advice from the Witness Service about your appearance in court. As a victim of a sexual assault, you may be entitled to criminal injuries compensation. Victim Support can give you information about how to apply.

Remember, you should never feel as if you are alone. There are always people that you can talk to, even if you feel unable to talk to friends or family members. Many people feel unable to report their attack to the police straight away and some wait months and even years before telling anyone.

American survivors.... but some of these issues apply in England too

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. 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.
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 pre-trial 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. 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 appropriate 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.

Tips for Appearing in Court and Testifying
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 colours, short skirts, high heels and noticeable jewellery. Also avoid wearing jewellery that represents your association with a particular group, like fraternal pins or religious jewellery.

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.