From report to court: How do I report a rape or sexual assault? What happens after reporting a rape or sexual assault?
A guide through each stage of the criminal justice system for victims, from report to court.
If you’re worried about where to start, start here.
This page brings together and summarises what I feel to be the most useful information in a step-by-step order. During the process I sometimes felt as if there were no helpful resources and at other times I was overwhelmed by information. This is everything I wish I’d had at the beginning, nothing more and nothing less.
Throughout this page I reference and link to a few key sources, the main one being From Report to Court: a Handbook for Adult Survivors of Sexual Violence, produced by the charity Rights of Women (which I think is relevant for all cases not just those committed against women). I cannot stress enough how useful this guide is. The booklet is very detailed but you do not have to read it all in one go and not all of it will be relevant to your experience. Below I link directly to sections you may find useful.
Whether your case gets to court or not, and whether they get convicted or not, does not take away what happened or make the perpetrator any less guilty. Everyone should be able to have the chance they deserve at trying to get justice and not feeling alone or underprepared in the process.
Page contents
1) What is the law around rape and sexual assault?
Overview
The definitions of rape, sexual assault and consent are extensive and cover many different scenarios.
The definitions of rape, sexual assault and consent have moved beyond the limited acts and situations which some people think are included. The law is catching up with reality.
You can see what category you fall into by reading the resources below. If you’re unsure, ask the police or a professional for guidance.
These are extremely serious crimes.
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 12-27 (click here to open at page 12) explains four offences in the Sexual Offences Act 2003 (the SOA 2003):
rape
assault by penetration
sexual assault
causing someone to engage in sexual activity
2) How do I report rape or sexual assault and what happens immediately after? What is a SOIT Officer?
Overview
There are multiple ways to report rape and sexual assault, the quickest and easiest is to call 999 or ask someone to call on your behalf.
Reporting the crime can prevent the perpetrator from doing this to someone else.
There are ways you can help to preserve evidence such as not showering and keeping hold of phones and any messages. The best thing to do is call the police and they will offer advice.
The police are specially trained to deal with this.
You will be assigned a dedicated Sexual Offences Investigation Trained police officer (SOIT Officer). They will be with you all the way. It is their sole job to work with cases like yours, and their existence is crucial. They will be your main (and usually only) point of police contact, so you’re not having to deal with multiple members of the same team. They are actual police officers and are based in the station with the investigation team, so this is different to victim support services who may be great for emotional support but don’t know in real-time what’s going on with the case.
The medical examination (if you have one) is to gather evidence and check if you need any physical help or medication.
Preserving evidence
The following is taken from From Report to Court (linked in resources below):
Whilst not every survivor feels able or willing to report immediately, the sooner you report sexual violence to the police, the better the chances of the police recovering evidence that may assist in a future prosecution. If you have been sexually assaulted, you can preserve evidence by trying to avoid:
drinking or eating anything, including any non-essential medication you might be taking
washing any part of you, including your hair and teeth
combing or brushing your hair
cutting your fingernails
Smoking
going to the toilet or discarding any tampons or sanitary towels
removing or washing any clothing worn at the time of the incident or afterwards
(But please note If you have already done some of these things, don't worry. There might still be forensic evidence to collect.)
The place where sexual violence took place crime scene. If possible, avoid disturbing, moving, washing or destroying anything that might be a useful source of evidence. This may include clothing, bedding, any glass or cup that the suspect has drunk from, discarded cigarette stubs, condoms or any other object the suspect touched.
Other evidence that may be useful and should be identified and preserved includes:
mobile phone evidence, such as call lists, texts and voicemails
photos
emails
messages on social media such as Facebook and Twitter
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 28-37 (click here to open at page 28) explains:
Some reasons to report sexual violence
How to report sexual violence
How to preserve evidence
The medical examination
Extra resources:
3) How do rape and sexual assault police investigations work? What does a SOIT Officer do?
Overview
Your main point of contact throughout the investigation will be your SOIT Officer. They will be responsible for gathering evidence and information from the you and, in return, providing you with ongoing support and information regarding the progress of the investigation. It is very much a two-way relationship.
You have a bunch of rights and should be treated with care and respect at all times.
Your statement will be written or taken by video. This involves your SOIT Officer taking an account of what happened to you. They will ask you lots of questions to try and get the full story. This is the last time you’ll need to tell your story from start to finish and it will be used in court if the case goes to trial. You will get the chance to reread / rewatch your statement in the days before the trial.
Weird questions will be asked, but it’s for your benefit. You are likely to be asked what you were wearing. This could be to track you on CCTV and to find any witnesses, it is not a victim blaming exercise (I got angry when they asked me). They usually want your phone and data to try and catch out the perpetrator, not you.
Evidence gathering is a long process and the police are extremely thorough, this is essential so you should help your SOIT Officer as much as you can.
The police investigation will be ongoing in the background and your SOIT Officer will come to you whenever they need further information.
To ensure that your account remains uninfluenced by the investigation (which is crucial for any prosecution case) your SOIT Officer may not share everything with you. For example you may never see CCTV recordings or hear other witness accounts. This can be frustrating, but can also be essential for the case.
Do not dispose of or delete anything which could be related to the case even if the police say they no longer need them, as they could ask for them again at any point. For example, keep hold of your phone and any data.
Once a suspect is arrested they will be interviewed by the police.
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 38-45 (click here to open at page 38) explains how the police investigation works, including:
Evidence
Specially trained officers
Making a statement
The police investigation
Identification procedures
Arrest and interview
Extra resources:
Ministry of Justice - Witness Charter: This explains the minimum service you should expect from services through the criminal Justice system, along with how to make a complaint if you are not satisfied.
Ministry of Justice - Victims Code of Practice (VCOP): If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police and the courts. This explains what you can expect from these organisations from the moment you report a crime until after a trial has finished.
4) How do rape and sexual assault court proceedings work? What happens to the suspect?
Overview
After the police have collected evidence, including interviewing the suspect, they will usually pass all of the evidence to the Crown Prosecution Service (CPS).
The CPS will decide whether or not the suspect can be charged with an offence. To charge means to formally accuse someone of a crime.
The CPS is also responsible for advising the police during an investigation, preparing the case for trial and presenting it at court, or instructing a barrister to do so.
The decision of whether to charge is based on a number of factors, one being how confident the prosecutor is that a jury (or equivalent) has sufficient evidence to reach a guilty verdict.
You have a lot of rights throughout this process whether or not the CPS decide to charge the suspect.
If the CPS or police decide not to charge the suspect with an offence they will have no further action taken against them at that point. The case will then be closed but information relating to the investigation should be kept in case further evidence is obtained or they commit further offences.
If you are not happy with the police or CPS’s decision not to charge/prosecute, you are entitled to seek a review of that decision in accordance with the Victims’ Right to Review (VRR) Scheme. Information on how to do this can be found in the resources below.
If the CPS decide to charge the suspect, the suspect stops being called ‘the suspect’ and becomes ‘the defendant’.
The first hearing / first appearance is the first time the defendant appears in court. You will not normally attend this hearing. The defendant will be asked if they are guilty or not guilty of the offences.
If they plead guilty, the court will either sentence them immediately or arrange a further hearing on another date to decide what sentence they should receive.
If they plead not guilty a trial date will be set. Statistically this is more likely.
Many months may pass between the defendant being charged with an offence and the actual trial. During this time the prosecution and defence will be preparing their case. This may involve asking for further evidence from you or asking you clarification questions. For example, I had to hand my phone in again.
No matter what happens and whether the defendant gets found guilty or not, you are given life-long anonymity. You name will never be released and people can get prosecuted for identifying you publicly.
You will be put in touch with an Independent Sexual Violence Adviser (ISVA). They will support you by providing information, and practical and emotional support throughout your involvement with the criminal justice system.
If you have any therapy before the trial (which I did) this may have to be disclosed to the defence. This can’t be to check about what you are feeling or thinking, but may be to check that the account you tell the police is the same as what you tell your therapist. It’s crazy, I know, but the prosecution need as much information as they can get in order to help you.
What is the Crown Prosecution Service?
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
The lawyers who work for the CPS are called Crown Prosecutors. Just as the police have specialist officers who deal with offences of sexual violence, the CPS have specialist lawyers who deal with sexual offences.
The CPS is a public agency and so their service is free of charge for victims, you do not pay for these lawyers.
The CPS is independent, and they make our decisions independently of the police and government.
Their duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible.
Further information can be found on their website here.
In July 2023 the CPS rolled out a national blueprint to transform how adult rapes are prosecuted as the next stage of a commitment to drive up the number of cases taken to court and improve victim experiences.
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 46-70 (click here to open at page 46) explains the court proceedings which can be quite complex. It covers:
What the Crown Prosecution Service does
The Victim’s Right to Review if the suspect is not charged/prosecuted
Gathering sufficient evidence
The charging process in detail
The differences between a magistrates’ court and the Crown Court
Preparation for trial
Extra resources:
Ministry of Justice - Witness Charter: This explains the minimum service you should expect from services through the criminal Justice system, along with how to make a complaint if you are not satisfied.
Ministry of Justice - Victims Code of Practice (VCOP): If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police and the courts. This explains what you can expect from these organisations from the moment you report a crime until after a trial has finished.
5) How do rape and sexual assault trials work? What happens if you appear in court as a victim? Who’s who in court?
Overview
In the legal system your role is as a witness for the prosecution and you don’t get called a victim by the lawyers unless the defendant gets found guilty. This isn’t because you are not believed, but because the defendant is ‘innocent until proven guilty’ by a jury in Court. However, all other support services as well as the police will refer to you as a victim, which is what you are.
You will not have your own legal representatives as it is the Crown Prosecution Service (CPS) that brings the prosecution on behalf of the State. You actually don’t meet the prosecutor and their team until you get to court for the trial. There are loads of reasons for this and overall I think it’s a good thing for the victim. If someone has been charged it’s not up to you to prove your case, the CPS are there to try and do that for you.
The defendant will have their own lawyers representing their interests.
The defendant can change their plea from not guilty to guilty at any time before and during the trial. Usually the earlier they plead guilty the greater the reduction in sentence they get.
Your dedicated officer will work with you to make an application for any special measures you require in court, such as screens so that you don’t have to see the defendant. I never saw my attacker again.
The Witness Service / Victim Support are separate services which can arrange a pre-court visit for you so that you can see the court and courtroom and are familiar with the roles of those who will be present during the trial. They are also there if you have any questions about giving evidence or want to know more about what to expect in court.
You will be given the opportunity to refresh your memory of what you said in your statement or in video- recorded evidence in advance of giving evidence in court, usually the day of or the day before the trial.
Your appearance in court can be delayed. This is very common for example due to previous cases running over, technical glitches or admin backlogs. You can be called into court and be waiting for hours only to be told you actually won’t be needed until the next day.
The prosecutor should tell you what the defendant’s account is. It may be that they intend to argue that you consented to the sexual activity.
The trial involves the prosecution presenting their case supported by evidence, and the defence challenging that case and evidence.
You only appear in court for giving evidence and your cross-examination (the process of the defence challenging your account). You don’t have to sit through or hear/see anything the defendant says in court, unless you want to. As the victim you are likely to be one of the first prosecution witnesses to give evidence in court. Once you have given evidence you can stay for the rest of the trial if you wish.
Whilst you cannot practice or rehearse your evidence with anyone, it is useful to think about the questions that you might be asked, what your answer may be and how you want to answer. But don't drive yourself mad doing this. You never know what you’re going to be asked.
There are a lot of rules around what the defence can and can’t ask you. The judge (or magistrates) should make sure that the questions put to you in cross-examination are asked politely and are relevant to the issues in the case. The prosecution barrister may also intervene if they feel that particular questions are unfair.
The burden is on the prosecution to prove that an offence took place, not on the defendant to prove that it did not. If a defendant is found not guilty, it does not necessarily mean that the jury or the magistrates/ district judge did not believe you, it means that there was insufficient evidence for them to be sure that the defendant was guilty of the offence that they were charged with.
Who’s who in court?
Most people have never been in a courtroom before so it can be a bit confusing if this is your first time. Witness Aid have a very useful guide with diagrams which I link to below.
Things to note:
All criminal cases start in the magistrates’ court with more serious cases being transferred to the Crown Court for trial.
These guides do not show any special measures you may have such as screens separating you from the defendant and others in the room. Your dedicated officer will work with you to make an application for any special measures you require in court. You never have to see the defendant.
Guide to a Crown Court
Click on the image for further information about the people and their roles
Guide to a Magistrates’ Court
Click on the image for further information about the people and their roles
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 71-90 (click here to open at page 71) explains what happens when you visit court and what you might have to deal with including:
An outline of a court trial
Your role in criminal proceedings
The prosecution and defence case
The burden and standard of proof
Extra resources:
Gov UK information on going to court to give evidence as a victim or witness.
Ministry of Justice - series of YouTube videos explaining Going to court as a witness.
Ministry of Justice - Victims Code of Practice (VCOP): If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police and the courts. This explains what you can expect from these organisations from the moment you report a crime until after a trial has finished.
6) What happens after a rape or sexual assault trial?
Overview
If the defendant is found not guilty this does not mean that you were not believed or that the crime did not happen. It means that the prosecution was not able to prove the defendant’s guilt to the very high standard required.
If the defendant is found guilty of any offence they must be sentenced. The court may sentence the defendant right away or may decide to have a separate hearing, so that a pre-sentence report can be prepared.
You are entitled to make a Victim Personal Statement (VPS). The court will be given the VPS and this can influence their decision on sentence. The VPS gives you the opportunity to tell the court how the crime has made you feel and what the impact has been on you of the offence, including physical, psychological, emotional and financial consequences.
The aim of the sentence is to punish the offender and protect the public from them, but also to try to rehabilitate the offender and stop them from reoffending. A lot of factors are considered when sentencing takes place.
You may be entitled to compensation via the Criminal Injuries Compensation Scheme. The police should let you know about this.
Resources
From Report to Court: a Handbook for Adult Survivors of Sexual Violence pages 91 onwards (click here to open at page 91) explains the various outcomes after the trial which may happen, some of which include:
The verdict (guilty or not guilty)
Sentencing
Protecting you from further harm
Extra resources:
To see my personal timeline from report to court, head here.
To find out more about my learnings and insights from going through the criminal justice system, head here.
If you feel something is missing please use the contact page, all and any feedback is appreciated.