Navigating the Criminal Justice System After Sexual Assault

Pressing Charges: What to Expect

After reporting an assault to law enforcement, you may choose to cooperate with an investigation and “press charges.” The final decision to file criminal charges lies with the state. In rare instances, prosecutors will pursue charges based on the strength of the evidence alone—even without a survivor’s involvement.

Why Charges Do (Or Don’t) Get Filed

Prosecutors must prove the accused person’s guilt beyond a reasonable doubt. If they don’t believe they can meet that standard, the state may not file charges. This does not mean the perpetrator is “innocent;” it only means the prosecutor did not believe the case could be proven in court. 

Reasons for not pressing charges (or delaying the charges) include:

• Not enough evidence
• The perpetrator can’t be identified
• Other legal obstacles arise

If the criminal system doesn’t move your case forward, you can explore civil lawsuits to seek financial compensation. 

Regardless of the outcome, reporting helps increase accountability.

If Charges Are Filed… 

Many cases end in plea bargains, with the perpetrator pleading guilty in exchange for a lesser sentence. This avoids a trial and typically means survivors don’t have to testify.

If Your Case Goes To Trial… 

If the state holds a criminal trial, you may be asked to testify in court. 

States have rape shield laws that limit what the defense can ask you about your past, and prosecutors may file motions to protect your personal information. Each state offers different protections, some of which are outlined in RAINN’s State Law Database.

All states have a Victims’ Bill of Rights, which may include:

• The right to apply for crime victim compensation
• The right to attend court proceedings
• The right to protection from harassment or intimidation
• The right to be heard during proceedings

You can also explore your state’s laws through the Office for Victims of Crime.

Civil trials and criminal trials have different procedures. If you are involved in a civil trial, share any questions or concerns with your attorney.

Finding Support for the Trial

Trials can be daunting, but you don’t have to navigate your courtroom experience alone. Support options include:

• A trusted person. Many states allow a friend or family member to accompany you to court.

• An advocate. Your local sexual assault service provider may be able to connect you with an advocate to support you during the trial. 

Victim compensation programs. These can help with financial challenges. Learn about your state’s compensation programs from the National Association of Crime Victim Compensation Boards. is trained to gather evidence that will withstand common legal defenses. Here’s how each defense tactic gets countered:

Preparing for Court

You will be considered a witness in the trial, which may mean you cannot enter the courtroom until a specific time. These logistical tips can help you feel safer and more comfortable during long stretches of waiting:

• Prepare to wait. Find out if there’s a designated waiting area for victims and witnesses. Bring water, snacks, and something to keep you occupied if you’re stuck waiting for long stretches of time.
• Prioritize your safety. If you’re concerned for your safety, ask your attorney about arranging a police escort, a no-contact order, or other protective measures.

Reject unhelpful energy. Some cases get attention from new media and social media influencers, which can prompt outsiders to make harmful or untrue statements about you or the case. Do your best to ignore the negativity and focus on what you can control.

• Be wary of posting on social media. Anything you post on social media during the trial could be used against you. This includes posts you create as well as comments on others’ posts. Talk to your victim advocate or the prosecuting attorney about what you should and should not share on social media.
• Keep up with your self-care. Taking care of your body and mind is vital to showing up strong during this high-stress time. Simple habits like nutritious eating, daily exercise, and meditation practices play a significant role in sustaining your well-being.

Testifying at Trial

When you testify during the trial, you will sit in a designated spot (“the stand”), swear an oath to tell the truth, and answer questions in front of the judge and/or jury. 

During your testimony, you’ll interact with two key players:

1. The Prosecuting Attorney 

This lawyer represents the state in the case against the alleged perpetrator (“the defendant”). The prosecutor will ask you questions during the “direct examination” portion of the trial. Most prosecuting attorneys meet with you in advance to go over the questions and help you prepare.

Bear in mind that the prosecutor is not your lawyer. Prosecutors have a duty to the general public, the state, and the law—not necessarily your personal interests. 

2. The Defense Attorney 

This lawyer represents the defendant and ensures they receive a fair trial. The defense attorney will ask you questions during the “cross examination” part of the trial, which occurs after the direct examination.

You may feel like the defense attorney is unusually harsh toward you, but try not to let their questions or tone upset you. They are just doing their job. 

Tips for Testifying

Testifying can be nerve-wracking, but these straightforward tips can help you stay grounded and focused while you’re on the stand:

• If a question is confusing, ask for clarification
• Pause if you feel overwhelmed and ask for a break if needed
• Stay hydrated and take deep breaths to stay calm
• Keep your focus on the person questioning you, not the perpetrator
• Tell the truth—even if that means saying, “I don’t remember”
• Answer only what’s asked, and don’t volunteer extra details

The Verdict & Sentencing

Not all trials result in convictions. If the jury delivers a “not guilty” verdict, this does not mean the accused has been found “innocent.” It means the prosecution did not meet its burden of proof to convince the jury beyond a reasonable doubt that the defendant broke the law.

If the jury reaches a “guilty” verdict on any of the charges, the court will schedule a sentencing hearing. The hearing may take place that day or be scheduled for a future date and time.

At the sentencing hearing, the judge will hear sentencing recommendations from the prosecutor and defense attorney, listen to victim impact statements, and (in most cases) allow the defendant to address the court. Finally, the judge will impose a sentence. If prison time is imposed, the defendant will be taken into custody or directed to report for incarceration on a specific date.

After the Trial

or some survivors, the end of the trial provides a sense of relief. Others don’t get the closure they were expecting. No matter how you feel when the proceedings end, one thing is true: You courageously pursued justice for yourself and demanded accountability from the perpetrator. 

As you return to everyday life, be kind to yourself, seek support when you need it, and know that you are never alone.

Legal Disclaimer

The Rape Abuse and Incest National Network (RAINN) website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. RAINN does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

Sources

(1) Federal Bureau of Investigation, National Incident-Based Reporting System, 2012-2014 (2015); iv. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Felony Defendants in Large Urban Counties, 2009 (2013).