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Information about the police and courts

t is up to you whether to report to the police, immediately or some time – even years - later.

Reporting to the police If you decide to report to the police:

• Think about taking 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 other evidence such as bed clothes.
• The police will take a statement from you. Read it before you sign it, to make sure it is correct.
• If the assault is recent you will be given a medical examination by the police surgeon. They will photograph injuries. You may be asked to go back the next day, as some bruising does not show up immediately.
• 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 remind you what you said.
• If you remember anything after you leave the police station, phone them and let them know.

What happens next?
If the police find and charge the attacker, a report is passed to the Procurator Fiscal (PF). The PF will decide whether or not to take things further. It is the PF who actually brings the charges, not you.

If the PF 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 PF will ask you to go for “precognition”. This is when the PF questions 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 your support worker from WRASAC. The accused will not be there.

The information gathered from precognition may lead to the solicitor recommending the accused pleads guilty, that is if the case and the evidence are 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 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. It may be postponed, but you only have to be there to give your evidence. Often there are long periods of waiting. 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 several people to be 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 in court while you give evidence.

If the accused is found “guilty”, he will be sentenced. There is a five-year maximum sentence in the Sheriff 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 be released. You cannot appeal against this decision.If the case is “not proven”, this means there has not been enough evidence to convict him and he will be released.

You may be able to claim compensation from the Criminal Injuries Compensation Authority. A support worker at WRASAC could help you apply.