In terms of the police’s actions, they will first check on your welfare and find out if any emergency medical assistance is required. You will be escorted into an area known as a comfort suite, these are dedicated rooms where victims of rape and serious sexual assault can talk in privacy and comfort.
Once you have told them what happened they may assign a dedicated officer to your case. These officers are specially trained to provide you with the help and support you need throughout the investigation and any subsequent judicial process. An officer will talk to you to answer four main questions:
- Who did this?
- What happened?
- Where did it happen?
- When did it happen?
Your details would be kept confidential, however, if there is a police investigation or prosecution linked to the assault that you have reported, the police may need to reveal your name while presenting their evidence to the court. If there is no prosecution or investigation, then your information will not be shared without your permission unless there is a cause for concern that anyone else may be at risk of serious harm.
As a general rule, your officer (usually a plainclothes constable) who has specialist training in the investigation of rape and serious sexual offences will keep you informed of how the investigation is going at least every 28 days or sooner if there are any updates.
Going to court
If the matter proceeds to trial, the suspect, (known as ‘the defendant’) will have to attend. You won’t need to attend at this stage. The police and CPS can apply to the court for ‘special measures’ which can assist you when you subsequently give your evidence in court. Special measures can include giving evidence behind a screen or via a video link from another room. If the defendant pleads ‘not guilty to the crime, you will need to go to the Crown Court and appear as a witness. In this case, you will be referred to as a ‘witness for the prosecution. It is appreciated that you will be nervous but the police will help you and guide you through every step of the procedure. Don’t worry about your anonymity, it’s illegal for the media to use your name or give details that would make it clear who you are.
Claiming compensation
If your accuser is found guilty of an offence then you are open to a “civil claim for assault”, in effect claiming financial compensation, Lestons would be delighted to try and assist you in this regard. Our first order would be to ask the court to freeze any assets and bank accounts to maximise their assets and/or disposable income, hence maximising your claim. If we could attribute the assault to while the attacker was at work (such as an assault whilst in a care home, hospital, school) and so on, we would also consider claiming under their insurance.
You can claim in one of two ways:
Directly from the attacker
This is preferable as it gives a direct punishment for the crime, you have 3 years to bring a financial claim. There is no upper limit of the sum the court could allow, and you can claim a loss of income from day one.
The court is likely to be more generous in their level of award, this is because the funds are not coming from the public purse and are at the direct detriment of your attacker. We would ask the court to freeze any assets to maximise their assets and/or disposable income, hence maximising your claim
Under the Criminal Injury Compensation Authority (CICA)
When claiming under CICA, the funds you receive would usually not be as generous as claiming from the attacker directly. The funds would be coming from the public purse, meaning there would be no direct loss to the attacker’s assets. You must also submit your application to CICA within 2 years to bring a claim.
The Criminal Injuries Compensation Authority (CICA) also states that compensation can only be awarded if you are not working for more than 28 weeks before you can make a claim.