Legal Issues

Should I report the assault to the police?

It is very important to report a sexual assault to the police as soon as possible – if you choose to report. In many cases, the ability to catch and prosecute the offender depends on it. The hospital staff or a sexual assault counselor can contact the police for you, or you may contact them yourself.

A sexual assault victim who files a sexual assault complaint, can not be asked or required to take a lie detector test by any police department, prosecutor, or investigator.

NOTE: Although generally the law does not require that an adult victim report a sexual assault to the police, in order to be eligible for victim compensation through the Office of Victim Services you generally must report to the police within five days of the assault, although that time requirement may be waived in some cases.

What happens after I report to the police?

After you contact the police, you will need to give them a statement in your own words about what happened to you, including a description of the offender, where the attack happened and any other information about the crime. You must sign the statement. If you later remember other information, you should call the police to correct you statement.

You should be careful not to wash or throw out any items related to the assault. You should tell the police about them because they may need to collect these items, including clothing or linens, as evidence. The police may need to contact you during their investigation. Arrests do not always happen quickly or at all.

Someone from the prosecutor’s office (a prosecutor or an investigator) may contact you after the offender is arrested. You may also be contacted by a court-based victim advocate who serves as a liaison between prosecutors and victims. A sexual assault counselor can support and assist you through the legal process.

Will the offender be able to get out of jail after being arrested?

The offender may be released on bond/bail after arrest while awaiting trial. If you are afraid, you should contact a sexual assault counselor to discuss your fears and options. You can ask the court to issue a no contact order to prohibit the offender from contacting you or your family, either directly or indirectly, while the case is pending. You can make this request directly to the court or to the prosecutor. If the offender contacts you in any way you should immediately tell the prosecutor. The offender’s bond/bail may be increased or his release on bond/bail may be revoked. You may also be able to get a protective order in certain cases. You can ask the prosecutor, sexual assault counselor, family violence victim advocate or court-based victim advocate about this.

Do I need my own lawyer for the criminal case?

No. The State of Connecticut has lawyers, called state’s attorneys or prosecutors, who represent the state’s interest and handle the criminal case. They will need you as a witness for the state’s case against the offender. You may hire your own lawyer to represent your interest if you want.

Will there be a trial, and if so, where?

If the case goes through a full trail, it may take a long time – perhaps more than a year. However, criminal cases sometimes are resolved without a trial through a plea agreement. You can contact the prosecutor’s office if you have questions about the case or trial. A sexual assault counselor can answer questions, help you communicate with the prosecutor’s office, and go to court with you if you want.

What if the offender’s lawyer or investigator contacts me?

You do not have to talk to anyone about the incident unless you have been subpoenaed to appear in court. If you are subpoenaed, you are only required to talk about the incident in court, not out of court. Anyone working for the offender is seeking information for the offender’s benefit. You may decide that you do not want to speak with them out of the courtroom, or that you want the prosecutor to be present. You should always find out who it is that wants to talk to you, and who they are working for, before you decide whether or not to speak to that person. If you have any questions, you should contact the prosecutor.

 What role will I play in the criminal court process?

Your input will be very important…….

• before trial

Information from you will help the prosecutor weigh the strengths and weaknesses of the case in order to seek the appropriate charges and sentence. Your Victim Impact Statement will help the judge decide whether to accept the plea agreement.

•  at trial

Your testimony about what happened to you will help a judge or jury decide whether to convict the offender

•  before sentencing

You can provide information to the preparer of the Pre-sentence Investigation Report that will be given to the judge.

•  at sentencing

Your Victim Impact Statement will help the judge to decide a proper punishment for the offender.

• at a parole hearing

To help the Parole Board decide whether to grant the offender’s request for early release.

•  when offender is placed on probation

Information from you may help the probation officer develop an appropriate supervision plan.

What if the case involves a juvenile offender?

A case that involved a juvenile offender generally will be handles in the Juvenile Court, not in the criminal court where adult cases are handled.While some aspects of the juvenile justice system are similar to the adult system, many aspects are different. For more information about the juvenile justice system or about your rights as a victim of a juvenile offender, you should contact the juvenile prosecutor handling the case or the assigned juvenile probation officer at the juvenile court where the case is being handled. Following are some characteristics that are unique to the juvenile justice system…..

 Juvenile cases are handled in the juvenile court that serves the juvenile’s town of residence, which may not be the same town where the crime was committed.

Certain serious cases involving juvenile offenders over the age of fourteen may be transferred to the adult court, where the juvenile will be prosecuted and, if convicted, sentenced as an adult.

Juvenile matters are confidential. The proceedings and the records are closed to the public and the media.

Victims of juvenile offenders have certain rights, which the public and media do not have, including the right to be present or represented at the hearings involving your case and to learn the identity, status and outcome of the case. (Note: you cannot disclose this information to anyone else without permission from the judge.) Victims of juvenile offenders also have other rights, many of which are available in adult court.

Convicted juvenile offenders are not sentenced to a term in a jail or prison, although they may be committed to the Department of Children and Families for up to eighteen months or four years, depending on the offense, for placement in a facility designed for the care and treatment of juvenile offenders.

Juvenile offenders may have their juvenile records erased after a period of time if they do not get into any further trouble.

Do I need my own lawyer if I decide to sue the offender?

You will probably need to hire a lawyer if you decide to file a lawsuit against the offender in civil court. A sexual assault counselor can help you understand the process and find a lawyer who specializes in helping victims.

What are my rights as a victim?

Victims of crime in Connecticut have rights that are protected by law. Some of these rights are complicated and difficult to fully explain here. If you have any questions about your rights or need help to excuse them, you can call a sexual assault counselor, a family violence victim advocate, the Office of Victim Services or the Office of the Victim Advocate.

 Rights to notification and participation in court process

By providing a current mailing address and phone number to the prosecutor, you can ask to be told about…

• any court proceeding – arrest, arraignment and release on bond/bail, entry of a plea, trial or sentencing.
• a chance to tell the judge about how the crime affected you by presenting a Victim Impact Statement. You can speak to the judge in court or you can give written comments to the prosecutor for submission to the judge. This statement can be made prior to the acceptance of a plea agreement and at a sentencing hearing.
• an application by the offender for accelerated rehabilitation (AR) and a chance to comment to the judge on that application
• an application by the offender for the family violence education program and a chance to comment to the judge on that application
• whether the criminal case has been dismissed. You should check often with the court clerk about this. Your request for this information must be made within one year of the dismissal.
• any application by the offender to the Board of Pardons, Parole Board, Department of Correction (DOC), sentencing judge or Sentence Review Division. You must file a request with the Office of Victim Services (they will provide the form), and provide a current mailing address.
• a chance to appear before the Parole Board or submit written comments about whether the offender should be released, or the conditions to be imposed on any such release.
• when the offender is released from the DOC. (You must file a request with the Office of Victim Services or the DOC, and provide a current mailing address.)

Rights to protection

You have the right…

• to appear under subpoena as a witness in any criminal proceeding without being fired, harassed or otherwise retaliated against by your employer.
• to request that special considerations be taken during your child’s testimony, in or out of court, if you are the parent of the sexual assault or abuse victim and your child was 12 years of age or younger at the time of the offense.
• to request the arrest of the offender, to request a protective order from the criminal court, and to apply for a restraining order from the civil court in order to prevent further injury.

 Rights to confidentiality

You have the right…

• to have your conversations with a sexual assault counselor or family violence counselor remain confidential and not be used in court, unless you give permission for them to be used.
• not to have your present or prior sexual conduct brought up during the trial unless the court, after a hearing, decides that it is strongly related to the trial. You can speak with the prosecutor about this.
• not to have your address or phone number disclosed in the courtroom during any proceeding in the prosecution of cases involving sexual assault, injury or risk of injury to a child, or impairing the morals of a child. You also have the right to have your name and address in the court records remain confidential from people not involved in the case (the offender will have access to this information through his/her attorney) and released only by an order of the court.

Right to return of property

You have the right…

• to request that police return within 30 days any personal property taken for investigation or prosecution of the crime, unless the court orders it held longer. The property may be disposed of if you do not request it within six months from the end of the criminal case.

Right to profits

 You have the right…

• to file a lawsuit seeking any profits the offender might receive from any book, movie, or dramatization of the crime if the offender is convicted.

 STATE CONSTITUTIONAL RIGHTS OF VICTIMS IN CONNECTICUT

In Connecticut, our state constitution guarantees that crime victims and their families are entitled to…

•  be treated with fairness and respect throughout the criminal justice process
• receive timely disposition of the case following arrest of the offender
• be reasonably protected from the offender throughout the criminal justice process
• receive notification of court proceedings
• attend the trial and all other court proceedings
• communicate with the prosecution
• have the opportunity to object to or support any plea any plea agreement entered into by the offender and the prosecution and make a statement to the court prior to the acceptance by the court of the plea of guilty or nolo contendere by the offender
• make a statement to the court at sentencing
• restitution
• information about the arrest, conviction, sentence, imprisonment and release of the offender

 NOTE: The summary of legal rights in this section is subject to the full text of the General Statutes of the State of Connecticut. Victims are entitled to rights as set forth in the statutes.

Information provided by the State of Connecticut