From report to court: FAQs and what I learned as a rape victim in the criminal justice system
This page answers the questions I wish I’d had the answer to before going through the criminal justice system.
I know that everyone's experience of the system is different, but I hope these points help shed some light on a process that no one should ever have to go through.
To see my personal timeline from report to court, head here.
If you have any other questions please head to the contact page and I will do my best to point you in the right direction.
After reporting a rape or sexual assault, what are the police like?
I have to admit I had a few negative preconceptions about what it would be like after reporting something like this to the police. I think some were based on old stories I’d heard and maybe even what I’d seen on TV. Overall in reality I found them to be kind, professional, thorough and understanding. I felt like they were on my side. At times they asked weird questions, some of which I thought were irrelevant, but I know now they were just doing their job and how important it was that I fully complied with the investigation.
Do I get a dedicated police officer for the entire journey?
Yes, they are called a Sexual Offences Investigation Trained Officer (SOIT officer).
What is a SOIT officer?
This description is taken from the College of Policing website and it is pretty accurate: The Sexual Offences Investigation Trained Officer is responsible for acting as a first responder to allegations of a sexual offence, to gather evidence and information from the victim in a manner that contributes to the investigation, preserves its integrity, and secures their confidence and trust. Role holders also provide support and information, in a sensitive and compassionate manner, to victims of sexual crime, ensuring they are given timely information about other police departments and support agencies, where available.
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 are great for emotional support but don’t know in real-time what’s going on with the case.
Should I follow police advice after reporting a rape or sexual assault?
There will be a lot of people and professionals there throughout to support you, and at some point they may ask you for information that you think isn’t relevant. As I kept being told, just trust the process.
For example, they may ask for your phone and your medical records. This isn’t because they want to catch you out or victim blame. It’s generally to do with needing the full picture so that they’re armed with everything they need throughout the investigation. They will make this clear to you.
It’s horrible to lose control and place your trust in an alien process, but it’s their job and I think they want to get justice almost as much as you do.
How can I help preserve evidence, and what should be preserved?
I had no idea how important this was or what I should do until the police told me. In my case a DNA match led to the attacker being identified and found.
The following is taken from From report to court: a handbook for adult survivors of sexual violence.
Preserving evidence
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 is a 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
After the initial police evidence gathering process, am I free to do what I want with my phone and other belongings returned to me?
No, evidence may be requested later (sometimes months later), so do not dispose of or delete anything.
This was a big learning point for me. Even if the police say that they won’t need anything further, keep everything just in case. You never know what might become relevant further on in the investigation. For example, if the case gets passed to the Crown Prosecution Service (CPS), the CPS may ask the police to collect additional evidence from you (see From Report to Court section for more information).
In my case the police took plenty of swabs, my clothes, my phone and everything else that was on me during that night. Later down the line before the trial they needed my phone again. I’d dropped my phone down a toilet a few months after the attack but thankfully I’d held onto all the data and the broken handset.
If at any point you get a new phone or laptop, or lose data for some reason, just let the police know. Do not dispose of or delete anything during the process, no matter how irrelevant you think it is. It’s important for it to look like you’re doing everything you can to assist the police with their investigation.
If you agree to hand over your phone, everything you do on your phone including all messages even months after the event can be used in court if relevant to the case. You never know what the police will ask for or look for later and it’s all to help your case and to help you.
The police have requested access to my phone/laptop. What if there is something unrelated on there that I don’t want them to see?
Your phone/laptop might contain information, photos or conversations unrelated to the rape or sexual assault that you would rather the police didn't see and this might be preventing you from wanting to hand over your device. In this case be upfront with the police about this or have a conversation with them about your concerns. Not giving them what they ask for could hinder the prosecution as they may then be missing key evidence. The worst would be to hide or destroy anything as this could undermine the credibility of your case.
Are rape myths / false beliefs about rape still present in the police and the criminal justice system?
Wikipedia definition: Rape myths are prejudicial, stereotyped and false beliefs about sexual assaults, rapists, and rape victims. They often serve to excuse sexual aggression, create hostility toward victims, and bias criminal prosecution.
From what I saw, rape myths are widely acknowledged as being untrue so I wouldn’t worry too much about them. The police and other professionals I dealt with were pretty clued up. The old way of thinking doesn’t seem to stand anymore.
Will it look bad if I can’t remember all the details? What should I do if I’m asked a question and I’m not sure of the answer?
Be honest at all times and if you can’t remember something or don’t know the answer, say so. Be honest about whether you drank, how much you drank or if you took drugs. Don’t feel like you have to play down anything. The police are not asking this to victim blame (nothing you do makes it ok for someone to rape or sexually assault you), they just have to know.
There is nothing wrong with not remembering something or not being sure of an answer. If you think the perpetrator’s coat was red but it could have been purple and actually you’re not sure, say so. The police interviewing you are not trying to catch you out, but the defence might be if it gets to court.
You have as much time as you need throughout the process and in the courtroom to say exactly what you think, even if what you think is that you’re not sure and the reasons why you’re unsure. It’s better to say you don’t know something rather than to make it up because you feel under pressure to do so. If you say something that you’re later unsure of, tell your police liaison officer straight away and they will let you know what to do.
This is the same for any identification lineups you may take part in (which are now mainly screen-based, which means that the people in the lineup aren’t even in the same building as you) - if you’re not sure then do not make any positive identification. You will be told this when you arrive.
How many people are involved in the investigation and victim support services?
You will come into contact with a lot of people trying to help you, it can feel a bit much at times. If at any point you forget who someone is or where they’re calling from or if you’ve spoken to them before, don’t be embarrassed to say so.
If my case gets to court, what it’s actually like being cross-examined in a rape or sexual assault case?
Being cross-examined in court isn’t pleasant but could be necessary.
If you get to this stage and wish to go to court, cross-examination could be something that happens. The defence is just doing their job but it’s hard to remember that at the time. It won’t last for long and when it’s over it’s done. They can’t ask you about certain things but they can present a different version of events. Breathe deeply and tell the truth.