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Here is what you can expect if you have been sexually assaulted and the case goes to criminal court.
The police
If you decide to talk to the police about being sexually assaulted, they will ask you many questions. If you want charges to be laid, you must tell them what happened to you. They will make a "statement" for you to sign. This will describe the sexual assault. Do not sign it if you do not agree with everything in it.
You are a witness
You are the witness to what happened to you. You will have to "testify" (tell your story) in the trial. This means you will see the accused in the court. Whether or not you want to testify, you may receive a 'subpoena'. This means you must go to court to testify.
Be honest. Never lie. If you don't remember something,say so
In court, you will be asked about the statement you signed with the police. During the trial, you will be cross-examined on what you say by the accuser’s lawyer.
How to survive a cross examination
- Focus on what you know.
- Do not lie about anything.
- When you are unsure, say that you don't remember.
- Do whatever it takes to make yourself comfortable: wear your favorite clothes, drink water, cry, have your best friend sit in court.
- Trust that the judge and/or jury will be able to tell the difference between truth and dishonesty.
- Remember that it is the defense lawyer's job to try and make you look bad.
Going to court may not be easy
- A sexual assault trial can take a long time.
- The questions you are asked will be very personal.
- The defense lawyer will try to make your story sound wrong.
- The accused may say you wanted him to touch you.
- He may lie about other things too.
- Sometimes lawyers, judges and police are not helpful. They often do not understand how sexual assault can hurt people.
- They may treat you unfairly because you are a woman, don't have a lot of money or are young, how you look or the kind of work you do.
- Even if the accused is found guilty of sexual assault, he may not go to jail.
- If the person accused of hurting you goes to trial, make sure you have lots of support. Look to friends, family, your community and the local women's centre for help.
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