What happens when you report to the police?
 |
 |
|
It is totally your decision about whether to
report to the police, whether immediately or some time – even
years - after the event. If you are also in touch with your local
rape crisis centre, we will support you in whatever decision you
feel is right for you. |
| |
If you have decided to report the incident
to the police it might be a good idea to take a friend or relative
with you for support. |
| |
If the incident has just happened, try not to wash or change
your clothing as this can destroy evidence. The police will probably
keep what you are wearing so take a change of clothes with you. |
| |
Depending on where the incident took place,
the police may want to gather additional evidence e.g. bed clothes. |
| |
The Police will take a statement from you.
Remember to read it before signing to make sure it is accurate.
This is confidential. In the event that someone is charged and
a court date is pending the accused’s solicitor / precognition
agent would be given your name and contact details (this will be
down as c/o the Police and they will contact you.) This is so you
can be called to precognition (this is voluntary). |
| |
If the assault is recent you will be given
a medical examination by the police surgeon. Photographs of any
injuries will be taken and you may be asked to go back the next
day, as some bruising does not show up immediately. |
| |
It is advisable to write your own notes on what happened when
you leave the station. It could take up to a year for a case to
go to court, and your notes will refresh your memory about what
you said. |
| |
If you remember anything after you have left
the station, call the investigating officer and let them know what
you have remembered. |
What happens next?
|
 |
| |
If the attacker is traced and then charged,
a report is passed to the Procurator Fiscal (P.F.). The P.F. will
decide whether or not to take things further. It is the P.F. who
actually brings the charges, not you. If the P.F. decides there
is a case for the accused to answer, you cannot then decide to
withdraw. If you do you can be charged with wasting police time. |
| |
The attacker, in most cases, will get bail. He will be warned
not to approach you. If he does, contact the police again and let
them know. |
| |
At some point, the P.F. will ask you to go
for “precognition”. This is when the P.F. will question
you and anyone else involved, in order to see how strong the case
is against the accused. You can take someone with you for support.
The accused’s lawyer will also want to question you before
the trial. You do not have to do this, but you may be asked what
your reasons for this are. If you do agree to this, you can insist
that it takes place somewhere of your choice and that a friend,
relation or someone from the Centre be with you. The accused will
not be there. The information gathered from precognition may lead
to the solicitor recommending the accused pleads guilty i.e. if
the case is very strong. |
What happens when it gets to court?
|
 |
| |
Cases of rape and other serious sexual offences
are heard in the High Court. Other offences, for example attempted
rape, are dealt with in the Sheriff’s Court. The difference
between the two is the power they have for sentencing. |
| |
In court you are the Chief Witness for the prosecution and you
are not represented by a lawyer |
| |
It is hard to say how long the case will
last, and it may be postponed, but you only have to be there
to give your evidence. Often there
are long periods of waiting and confusion. If you made your own
notes, read them through before you go. If the accused pleads
guilty you will not have to appear, but this may not happen until
the last minute. Be prepared for a number of people to be present
in court when you give evidence. Members of the public will be
cleared from the court while you give your evidence and the press
will not publish your name or address. The accused will be present
in court while you give evidence. |
| |
If the accused is found Guilty he will be sentenced.
There is a three year maximum sentence in the Sheriff’s Court,
but no upper limit in the High Court. You should receive a letter
from the PF asking if you want to opt into the Victim Notification
scheme. This means that you would be informed when your attacker
is released from prison. You can opt into this scheme at any time
although they strongly suggest you do so as soon as possible. You
can also opt out of this scheme at any point. |
| |
If he is found Not Guilty he will then be released.
You cannot appeal against this decision. |
| |
If the verdict comes back as Not Proven this means there has
not been enough evidence to convict him and he will be released. |
| |
You may be entitled to claim compensation from
the Criminal Injuries Compensation Board. Our Centres have copies
of the form or you can contact them direct at
www.cica.gov.uk |
No man has the right
No matter what the outcome, many women find the legal process very
distressing. The Law may call it “rape”, “assault” or
nothing at all. If you feel that you have been raped and need someone
to talk to, our service is free and confidential.
