The victim plays a critical role in the success of a criminal investigation and prosecution. Even before a prosecution is initiated, there are many things a crime victim can do to increase the likelihood of success of any future prosecution. The following topics discuss the victim’s role before, during, and after a criminal prosecution. For further information about the rights of a victim, click on Victims' Rights
The victim should report the crime to police as soon as possible after the crime occurs. Police officers are specially trained to interview victims and investigate crime. Prompt reporting allows them to gather evidence that may fade or disappear over time, and that will support the victim’s account of what happened. In addition, the victim’s credibility is a central issue in any criminal prosecution. Prompt reporting of a crime enhances a victim’s credibility. Furthermore, reporting of the crime may help the victim regain some measure of control and a sense of safety.
Many victims of sexual assault are unsure whether they want a case to be prosecuted. Victims who are ambivalent about prosecution are encouraged to seek accurate information and guidance from a Victim Witness Advocate in a DA’s Office. This will enable victims to make a more informed decision about the prosecution option. For example, even if the victim is not ready to prosecute immediately after the crime, prosecutors have at least six years to file sexual assault charges, and often more. Reporting the crime allows police to investigate and preserve any evidence they find for a prosecution now or in the future. Thus, reporting the crime maximizes a victim’s options. At the very least, victims of sexual assault should report the crime to a counselor or another trusted and reliable person, and ask that person to make notes of the discussion.
It is important to note that even if a crime is not promptly reported, prosecution may still be possible, especially if there is a reasonable explanation for the delay in reporting. For some crimes, a delay in reporting is fairly typical for very legitimate reasons. Victims should not assume that a delay in reporting will preclude a prosecution. Contact the local prosecutor’s office where the crime occurred or a private attorney with experience in the prosecution process for a definitive opinion.
If a crime is reported, the police will typically gather and keep all evidence of the crime, including bloodstained clothing and bedding, weapons, and damaged or broken property. They will take photographs of injuries, of damage to property, and photographs of where the crime occurred. If the victim has not yet decided to report the crime to the police, s/he can preserve evidence by saving clothing unwashed, taking photographs of injuries, damaged property and the scene of the crime themselves, as soon as possible. Photographs should also be taken of the victim’s injuries periodically after the crime, to show the stages of healing.
If the offender touched anything during the crime, carefully preserve the item for police so they can look for fingerprints. Victims should not clean the crime scene until after the police investigation is complete. Sexual assault victims should refrain from bathing immediately after the crime. Instead, they should immediately go to a hospital so that the hospital can take samples of possible evidence from their bodies that may help prove the crime through DNA and other testing.
Victims should seek immediate medical attention for their physical injuries, even if they seem minor. Most importantly, medical examination and treatment help victims heal physically and may give them some peace of mind about their health and well being. In addition, medical records with documentation of injuries are also an excellent source of evidence that corroborates the victim’s memory of events.
Sexual assault victims should seek medical attention even if they do not sustain any visible physical injuries. The hospital can take samples of evidence from the victim’s body and a narrative of the crime even if the victim has not yet decided whether to prosecute.
In addition to physical injuries, victims should seek counseling for any emotional trauma caused by the crime. If the victim does not have health insurance, expenses for medical treatment and counseling can be covered by Victim Compensation. For more information about Victim Compensation, click on Victims' Rights on the homepage.
Typically, a uniformed police officer is the first responder to a crime scene. That officer will usually obtain a brief description of what happened. In serious cases, a detective, usually in plain clothes, will follow up with a more in depth interview. Specially trained detectives are assigned to investigate rape and child abuse cases. Generally a prosecutor is assigned after charges are filed. The prosecutor and victim witness advocate will need to meet with and interview the victim. This is an excellent opportunity to learn more about what to expect in the court process and to get answers to the many questions a victim may have.
For child victims, most prosecutors’ offices conduct special interviews in which the child is questioned by a specially trained interviewer. The assigned police officer, prosecutor, victim witness advocate, and DSS social worker observe the interview from behind a two-way mirror. The purpose is to minimize the number of times a child must be interviewed by those required to evaluate the report of abuse. Some jurisdictions videotape these interviews. If the case is presented to the grand jury, the videotape is used in lieu of the child’s testimony. The child still must testify at trial, however. For more information about the grand jury or child victims, click Initiation of Prosecution and Child Victims.
If the case will proceed to trial, victims should expect to testify. In Superior Court cases, adult victims may also testify before the grand jury.
Adult victims: Testimony before the grand jury is less formal than in a courtroom setting. The grand jury proceedings are not open to the public. The offender is not present. There is no judge and no defense lawyer. The prosecutor asks the victim questions about the crime to establish what happened and the identity of the offender. The testimony usually takes less than an hour. For more information about the indictment process, click on Initiation of Prosecution.
Testifying at trial is somewhat more formal. The victim waits outside the courtroom until it is her turn to testify. The prosecutor is the first person to ask questions. When the prosecutor is finished, the defense attorney cross-examines the victim. The defense attorney’s questions may challenge the victim’s memory and description of what happened and/or the victim’s credibility. After the cross-examination, the prosecutor can ask additional questions to “clarify” any confusion caused by the cross-examination. The judge makes sure that questions asked by the attorneys are appropriate according to specified legal rules. The length of trial testimony varies depending upon the case and the evidence. The prosecutor and victim witness advocate will prepare the victim for what to expect about the length and content of their testimony.
On rare occasions, a victim’s testimony is required at other stages of the case before the trial. No matter when the testimony occurs, however, a prosecutor and a victim witness advocate should work with the victim in advance to prepare for her testimony. The prosecutor helps prepare the victim for what types of questions will be asked of them and to review the rules of the court. The victim witness advocate will help the victim anticipate what feelings the experience of testifying may evoke and helps provide support in advance of, and during, their participation in a trial.
Many victims are concerned about testifying. Victims should know that the majority of criminal prosecutions are resolved without a trial because the defendant pleads guilty. The most important factor in a defendant’s decision to plead guilty is the quantity and quality of evidence against him, including the strength of the victim’s anticipated testimony. For further discussion of guilty pleas, click Dispositions in Stages of Prosecution.
Child Victims: If the victim of a crime is a child and there is a trial, the child will likely have to testify. Young children are asked questions by a judge to determine that they will be “competent” witnesses. This means that the judge has to be satisfied that the child is able to recall and relate facts about what happened and understand the oath all witnesses must take to tell the truth. Many prosecutor’s offices have a policy that does not require children to testify before the grand jury. Instead, prosecutors may submit a videotaped interview of the child by a specially trained interviewer or the testimony of of a police officer or another adult to whom the child reported the crime.
Many parents are reluctant to have their children testify. Although the surroundings of a courtroom and confronting the defendant can be intimidating, testifying can also be an important part of the healing process for a child. Parents and prosecutors should consider the child’s age, maturity, mental health needs, and support available to the child to determine whether the child is able to testify. If a child is going to testify, the prosecutor and victim witness advocate help prepare the child for the testimony and for their courtroom experience.
Whether a defendant is convicted of the crime after a plea or a trial, victims have the right to make a “Victim Impact Statement” at sentencing. The purpose of the statement is to inform the judge how the crime affected the victim physically, emotionally, and financially. The victim can also tell the judge what punishment she thinks should be imposed. The statement may be made verbally, in writing, or both. The victim can choose to speak directly, the prosecutor can read the victim’s written statement, or the prosecutor can simply convey the victim’s feelings to the judge. If the defendant is imprisoned, the statement can be placed in the defendant’s file for consideration at future parole hearings.
Register for Notification of the Defendant’s Release
After the prosecution is formally over and the defendant is incarcerated, the victim witness advocate assists the victim in registering with the Criminal History Systems Board. This will enable the victim to be notified about the inmate’s status, including when the defendant will be eligible for parole, when a parole hearing will be scheduled, and when an inmate is released from custody or transfered to a minimum security facility. Victims have an opportunity to be heard at a parole hearing regarding any potential early release from prison. To ensure notification, victims must notify the Criminal History Systems Board about any change of address and phone number. If the defendant is on probation or parole following release from custody, the victim should obtain the name of the defendant’s parole or probation officer. For more information, click Probation and Parole.
The information in this website does not constitute legal advice. Merely viewing the site is not intended to establish an attorney-client relationship. You should consult an attorney to fully understand your rights. For a preliminary case evaluation at no cost, please click here.
