Rape & Sexual Assault

A person who has been raped or sexually assaulted will suddenly be thrust into the confusing world of the criminal justice system. It is expected that this will be a difficult and traumatic time, and the victim may feel unsure and anxious about what may happen.

Before the Trial

The case may be tried either in the High Court or the Magistrates’ Court. A date will be fixed by the court for trial and you may be summoned to appear and give your evidence. The DPP lawyer assigned to your case will inform you of the actual date you are expected to appear in court.

It is important to tell the DPP Lawyer about any commitments that you do not wish to break, planned absences, or changes in addresses.

The case lawyer will ask you to come into our office to explain to you the court procedure. If you wish to bring someone else along for support – a friend, relative, a police officer involved with your case or someone from a welfare agency – please do so. If you do not have a support person and would like one, you may ask the case lawyer to arrange for you.

The case lawyer and the Director of Public Prosecutions, after looking at all the available evidence may decide not to proceed with the charges. This decision will not be taken without talking to you, and the reasons for this decision will be provided to you if you ask for them.

Bail Conditions

The accused may apply for bail and be released from custody. We will always try and tell you of any bail applications. If you are worried about the accused’s release from remand, let the DPP lawyer know. We may be able to prevent release on bail in certain situations. Even if bail is granted, the court may set certain conditions to prevent the accused  from contacting you or your family. You will be told of these conditions.

Remember, if you fear another attack or if you or your family are being harassed, inform the police immediately so that action can be taken.

The Trial

You should have received a notice from the court called a Summons to Witness. It tells you the day which you have to go to court.

In the Courtroom

In the courtroom you will find the following people:

• The Judge or Magistrate, who controls the trial;
• The Court Clerk who sits in front of the Judge or Magistrate;
• The State Prosecutor/DPP lawyer;
• Defence counsel, who is the accused person’s lawyer;
• In the High Court you will also see a number of people seated at the side of the courtroom. They are the Assessors who will assist the Judge in deciding the case;
• The accused will be in the dock, and
• A police officer will be present at all times at the back of the court room.

Giving Evidence

You will be taken to the witness box to give evidence. In some cases you could be there for some time. First the State Prosecutor will ask you questions, then the lawyer representing the accused person(s)or the accused person(s) himself/herself, if he or she is unrepresented, will ask you questions. The State Prosecutor may ask you further questions after the accused’s lawyer or the accused has finished. Some of these questions may be difficult or upsetting.

Speak as clearly and loudly as you can. Your evidence must be clearly heard by the Judge or Magistrate, Assessors, and the accused. If you consider that someone is behaving offensively, you can complain to the Judge or the Magistrate. Always call the Judge, My Lord or My Lady in the High Court and the Magistrate Sir/Madam in the Magistrates’ Court.

Sentencing

If the accused is found guilty and convicted, the Judge or Magistrate will decide what sentence he/she should get. This may happen soon after the trial, or it may happen on another day, when a sentencing hearing will be held. The ODPP case lawyer will advise you on this.

The prosecutor may tell the court about any injury, loss, or damage that you have suffered as a result of the offence. This could mean obtaining a report from an expert witness like a psychiatrist or a doctor and presenting it to the court.

After the Trial

If the accused is found not guilty, and is acquitted, that is not end of the matter. There can be an appeal to a higher court.

The offender can appeal if he/she is convicted. You may be notified if any appeal is to be held, and may be present if you wish.

The DPP can appeal to a higher court if a sentence is too lenient. Talk to the ODPP lawyer if you have any questions or concerns about the length of the sentence.

You will not be required to give evidence if there is an appeal.However, if the appeal court decides that another trial must be held, you may be called again.