Handbook for Survivors of Sexual Assault: MCADSV

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Handbook for Survivors of Sexual Assault

| introduction | definitions | the facts |
| what you may be feeling | recovery | common reactions |
| talking with significant others | support from your local rape crisis center |

| medical concerns | if you were assaulted recently |
| if you were assaulted in the past |

| legal concerns | making a police report |
| your role in the criminal justice process |

| your rights as a victim of crime | sexual assault laws |
| stages in the criminal process |

| crime victims compensation | civil suit | stalking |

| locate a rape crisis center near you |

Introduction

This handbook is intended for adult survivors of Sexual Assault. It has been prepared by the Michigan Coalition Against Domestic and Sexual Violence as a general guide to be used throughout the state of Michigan. More specific information about local ordinances, reporting procedures, emergency room procedures, and community services may be available at your local Rape Crisis Center. The handbook was prepared with the purpose of providing you with accurate information regarding the medical and legal concerns that you may be having, as well as to discuss issues regarding your physical and emotional healing.

Definition of Frequently Used Terms

Survivor: The individual who was assaulted. This is the word that this book will use to describe “the victim.”
Many Rape Crisis Centers use this word as well.

Victim: The individual who was assaulted. This is the word that is used in the criminal justice system.

Sexual Assault or Rape: In this handbook the words sexual assault and rape are used interchangeably.

Criminal Sexual Conduct (CSC): The legal term used for sexual assault or rape. This term is used in Michigan because state law recognizes touching, as well as penetration, as a criminal offense. The word “rape” is not used in Michigan Law.

Rapist, Perpetrator, or Assailant: The person who committed the assault.
Defendant: The perpetrator is referred to as the defendant in the criminal system.

The Facts

Several myths exist about sexual assault. These myths often shift responsibility and blame from the rapist to the victim. Understanding the myths surrounding sexual assault may help you in your recovery.

What happened to you was a crime.

You are not to blame for the rapist’s behavior.

MYTH: Rape is caused by the rapist’s uncontrollable sexual urge.
FACT: Rapes are often planned or carried out by strangers and acquaintances as the opportunity is presented. Rape is an act of power and control. The rapist’s goal is to disregard the victim and completely take away the victims personal power.

MYTH: Rapists are mentally ill or psychotic, and cannot help themselves.
FACT: Very few rapists are mentally incompetent and/or out of touch with reality. Most rapes are planned.

MYTH: The victim must have “asked for it” by being seductive, careless, drunk, high, etc.
FACT: No one asks to be abused, injured, or humiliated. This line of thought blames the victim for what happened instead of the perpetrator who chose to commit the crime. Individuals of all ages, from all walks of life, have been the targets of sexual assault. Not one of them “caused” their assailant to commit a crime against them.

MYTH: If women would just stop drinking so much, they wouldn’t be sexually assaulted.
FACT: Alcohol is a weapon that some rapists use to control their victim and render them helpless. As part of their plan, a rapist will encourage the victim to use alcohol, or identify an individual who is already drunk. Alcohol is not a cause of rape; it is only one of many tools that rapists use. Rape would still happen in the absence of alcohol.

MYTH: If the victim did not physically struggle with or fight the assailant, it wasn’t really rape.
FACT: An individual’s decision regarding how to survive a sexual assault was the best possible decision for that victim in that situation, and should not be second guessed. No one can claim to understand the fear, the threat made by the assailant, or other factors involved. There are types of coercion that don’t leave marks. Michigan law defines sexual assault with the words ‘lack of consent.’ In fact, there is a special law that says that the victim need not have resist the perpetrator in order for it to be considered rape.

MYTH: Most rapists are strangers to their victims.
FACT: Most rapes are committed by someone that the victim knows: a neighbor, friend, acquaintance, co-worker, classmate, spouse, partner, or ex-partner.

MYTH: Serial rapists are uncommon.
FACT: Most every rapist is a serial rapist, meaning that they choose to use coercion, violence, threats of force, etc… to assault women on a repeated basis.

What You May Be Feeling

Survivors of sexual assault experience a wide range of reactions. Some have said that after the assault their emotions go up and down or from one extreme to another. It is important for you to know that what you are feeling and thinking right now is OK. Your reactions are your own way of coping with the crime that has been committed against you. There is no standard response to sexual assault. There is no standard response to sexual assault. You may experience a few, none, or all of the following:

SHOCK AND NUMBNESS: Feelings of spaciness, confusion, being easily overwhelmed, not knowing how to feel or what to do. You may react in a way that is similar to your reactions during other crisis in your life (for example with tears, irritability, nervous laughter, withdrawing).

WHAT YOU CAN DO: Be aware that these are normal reactions to trauma. Each person handles crisis differently, so think of things that helped you get through crisis in the past. Get help to sort out what you would like to do and how you may want to organize your thoughts, time, and decisions. Be compassionate toward yourself; give yourself time to heal.

LOSS OF CONTROL: Feeling like your whole life has been turned upside down and that you will never have control of your life again. Your thoughts and feelings seem out of control.

WHAT YOU CAN DO: Try to get as much control over your life as you possibly can, even over small things. Ask for information that may help you sort out your thoughts and feelings. Use outside resources, such as counselors and legal professionals. Ask how other people have handled similar situations. Try to make as many of your own decisions as possible. This may gradually help you regain a sense of control over your own life.

FEAR: Fear that the rapist may return; fear of your general physical safety; fear of being alone; fear of other people or situations that may remind you of the assault.

WHAT YOU CAN DO: If you want company, do not hesitate to ask familiar people to be with you day and night. You may want to make your physical environment feel more safe (moving, making your home more secure, getting to know your neighbors better).

GUILT AND SELF-BLAME: Feeling like you could have or should have done something to avoid or prevent the assault; doubts regarding your ability to make judgements.

WHAT YOU CAN DO: No matter what the situation was, you did not ask to be hurt or violated. Blaming yourself is sometimes another way to feel control over the situation, thinking that if you avoid similar circumstances, it will not happen to you again.

ISOLATION: Feeling that this experience has set you apart from other people; feeling that other people can tell you have been sexually assaulted just by looking at you; not wanting to burden other people with your experience.

WHAT YOU CAN DO: Recovering from an assault can be a very lonely experience. However, you are not alone in what you are feeling. You may find it reassuring to talk to others who have been raped, or to a counselor at your local Rape Crisis Center who has worked with survivors of rape.

VULNERABILITY, DISTRUST: Feeling that you are at the mercy of your own emotions orthe actions of others; not knowing who to trust or how to trust yourself; feelings of suspicion and caution.

WHAT YOU CAN DO: Trust your instincts about who you want to talk with about what has happened to you. Try to talk with people who you have found to be the most dependable in the past; select those who have been good listeners and non-judgmental. Feelings of general suspicion will subside as you begin to find people you can trust.

SEXUAL FEARS: Feeling that you do not want to have sexual relations; wondering whether you will ever want or enjoy sexual relationships again; fears that being sexually intimate may remind you of the rape.

WHAT YOU CAN DO: Try to tell your sexual partner what your limits are. Let your partner know if the situation reminds you of the assault and may bring up painful memories. Let your partner know that it is the situation, not him/her, that is bringing up the painful memories. You may feel more comfortable with gentle physical affection. Let your partner know what level of intimacy feels comfortable for you.

ANGER: Feeling angry at the assailant. You may find yourself thinking about retaliation. You may be angry at the world since you no longer feel safe. If you are religious, you may feel angry that your faith did not
prevent this.

WHAT YOU CAN DO: Be accepting of your anger. Thoughts of committing violence toward the attacker do not mean that you are a violent or bad person. You have the right to feel angry about the violation you have experienced. You may want to talk to people who understand this.

DISRUPTION OF DAILY ACTIVITIES: During the first few days or weeks after the assault you may feel preoccupied with intrusive thoughts about the assault. You may experience difficulty concentrating, nightmares, sleep disturbances, changes in appetite, ‘startle reactions,’ phobias, general anxiety or depression. You may have memories of a prior crisis.

WHAT YOU CAN DO: Although these are common reactions, they can be quite disturbing. Take things very slowly. Some people find it helpful to keep a notebook at hand to write down feelings, thoughts, ideas, or details of the assault; keeping the thoughts and feelings in one place may make them feel more manageable.

Recovery

Experiencing so many different emotions is a part of working through what has happened to you. Right now, you may wonder when you will "get your life back." Or, perhaps you are not feeling much at all. There is no right or wrong way to react to sexual assault.

Many survivors have found that self acceptance, patience, time,
and support from others has helped them recover. Your local Rape Crisis Center has worked with many who have had similar experiences. A good counselor will understand and help you work through the emotional roller coaster that you may be on. Those who work with assault survivors often use a response model, similar to the one below, to outline how people commonly react to traumatic events. However, no one has a "recovery calendar" to offer.

Individuals pass through recovery stages in their own way, sometimes skipping back and forth between stages. This model merely offers you a framework for understanding the emotions and reactions you may have as you heal from the assault.

For more information or support contact your local Rape Crisis Center.

Common Reactions to Traumatic Events

Shock: For the first few days or weeks, the assault may seem unreal. You may react in a numb or unfeeling way. You might even have physical symptoms of shock: feeling weak, nauseated, moving slowly, appearing pale. There is nothing wrong or unusual about these kinds of reactions.

Adjustment: This is a period when you may feel the need to deny or underplay the assault. Pressure to "get on with your life" might come from within or from others in your life. You may find it easier to go through the motions of your previous routine than to address intense and uncomfortable issues associated with the assault. This response is self-protective and natural.

Secondary Crisis: For many people, something happens in their life (a trigger) which may make their previous coping mechanisms ineffective, causing them to face the assault. Acknowledging the assault may be quite painful. What formerly seemed unreal or was denied, may become very real to you. Survivors of sexual assault describe feeling depressed and/or having flashbacks or obsessive thoughts about the assault. You may replay the assault in your mind many times. You may also experience intense anger. Again, it is important to remember that these responses are completely normal.

Integration: You are changed by the assault, but have integrated the experience and can move forward with your life. You may feel as though you have survived the assault and have dealt with the thoughts and emotions of the trauma. The memories will remain, but can be faced. Healing is possible; however it will take work. You may need the support of loved ones or the help of caring professionals. Remember that others have gone through this and YOU ARE NOT ALONE.

Talking with Significant Others

You may be wondering who you should tell or what you should say to significant people of in your life. Parents, friends, employers, neighbors, your partner can be sources of support and solace. Follow your own heart when deciding who to turn to.

You may worry that you are relying on others too much. It is OK to ask for help in times of crisis. People who truly care about you will want to help; people who truly care about you may need to be told how to help you. It is O.K. to tell people what you need from them. It is O.K. to say:

I don't want to be touched.
I need to be held.
I would like to talk about what happened.
I don't want to discuss that.

If someone close to you is having a difficult time being supportive or coping with your assault, you might ask them to read the following section.

How to Help a Survivor of Sexual Assault

Believe her.

Reinforce that the assault was not her fault.

Validate her experience.

Be supportive, don’t overreact.

Be patient. The survivor may express a range of strong emotions.

Allow the survivor to offer or not offer the details of the assault, DON’T PRY.

Don’t gossip. Allow the survivor to choose with whom she shares the details of the assault.

Understand that the survivor might not want to be touched.

Consider that this experience is only one part of this person’s life. Don’t let it overshadow other aspects
and experiences.

Avoid being overly protective or attentive. The survivor may want safety and company, but not necessarily
want to be the center of attention.

Don’t take decision making power away from the survivor.

It is O.K. for you to have needs as well! Find support for yourself.

Support From Your Local Rape Crisis Center

contact your local rape crisis center

Individuals from outside your immediate circle of loved ones can also provide support and acceptance that may aid in your recovery. You are the person to determine the type of help that is most useful for you. Please consider that throughout the State of Michigan there are sexual assault programs that offer anonymous advocacy and counseling. Don’t hesitate to seek help from these programs.An advocate is a professional who is trained to assist sexual assault survivors in medical and legal matters. The advocate has an understanding of "the system" and how it works. He or she has likely served numerous other survivors. Many programs offer legal advocacy, which will include accompanying a survivor to court, the police station, or meetings with the prosecutor. An advocate is a source of practical, useful information and emotional support.

A sexual assault counselor is a professional who is trained to address your emotional needs. Many who have experienced sexual assault find that a counselor offers compassion and help. Some find that they can more easily discuss their assault with a professional who has worked with other survivors. You will benefit most from counseling when you decide that you want it.

Support groups are helpful recovery tools for many survivors. You may develop a supportive network with others who have had experiences similar to your own. Many survivors find support groups a valuable part of their healing process. A support group may be an alternative to counseling if you do not want one-on-one interaction.

Medical Concerns

Receiving immediate and follow-up medical attention is one of the most important things that you can do for yourself if you have been sexually assaulted. You may have injuries that need to be treated, and you may want to be tested for pregnancy and Sexually Transmitted Diseases (STDs). Your local Rape Crisis Center will have information about local hospital procedures. A friend, relative, or advocate from your local Rape Crisis Center can accompany you to the hospital. You do not have to do this alone!

If You Were Assaulted Recently

An exam may help set your mind at ease.

You are encouraged to go to an emergency room. The most important reason to do this is to check for injuries. Shock, and general aches and pains from the assault may be difficult to distinguish from a serious injury. Although it will not be easy, an exam may help set your mind at ease. You will also be given important information about STDs and pregnancy.

Pregnancy and STD Concerns

If it is determined by a health care professional that the assault took place during a high risk time for pregnancy, you may want to ask your doctor or nurse about the “morning after pill.” This treatment is a high dose of estrogen that has proven effective as a prophylactic if taken within 72 hours of the assault. Your doctor or nurse will be able to discuss the risks and benefits of such a treatment. The hospital may also give you antibiotics for hepatitis B, gonorrhea, and syphilis. Base-line tests for pregnancy and some STDs may be completed. These tests will only tell you if you were infected or pregnant before the assault.

Preserving Evidence

Another important reason to receive immediate medical attention is to collect physical evidence for a criminal investigation. A hospital emergency room is the only place to do this. Emergency room staff can perform a Rape Kit Exam. This is a standardized exam and a series of lab tests that are designed to collect physical evidence for use in the prosecution of rape (Criminal Sexual Conduct) cases. Your nurse or doctor can explain exactly what the test entails. Every emergency room is required to offer the Rape Kit Exam if the assault happened within the previous 72 hours. Evidence is best collected within 6 hours of the assault. You are not required to have the Kit completed.

Will I need to make a police report?

The hospital is required by law to report the rape to the police. Having a Rape Kit completed does not mean that you have to talk to the police. You can choose to not speak to the officers. If you are currently unsure about participating in criminal prosecution, having the Rape Kit completed will help keep your options open. You may feel differently in a few months than you do right now.

Who pays for the hospital visit?

Your private insurance plan should pay for the cost of the Rape Kit and medical treatment. If you are uninsured (or do not want to use your parent’s insurance), you should be able to work out a payment plan with the hospital. Most emergency rooms have a policy to not turn anyone away because they cannot pay. You may qualify to have the cost of the Rape Kit reimbursed through the Crime Victim’s Compensation Board.

“Rape Drugs”

Some assailants may use drugs (Roofies, GHB, Special K) to physically control their victim and render them defenseless. If you believe that you were drugged, inform your doctor. Blood or urine tests may detect the drug in your system. Testing should be done as soon as possible, because some drugs can only be detected within twelve hours of ingestion.

What about a private doctor?

Although you may feel more comfortable with your family doctor, he or she will not be available twenty-four hours a day, and will most likely send you to the hospital anyway to have the Rape Kit Exam completed. Private doctors do not have access to the Kit. The hospital that treats you after the assault can send your discharge information to your private doctor and you can complete your follow up care with her or him.

If You Were Assaulted in the Past

It is still very important to receive medical attention. You may want to have pregnancy and STD tests taken. Although a Rape Kit can be performed at any time, the chances of collecting evidence decrease significantly when more then a few days have gone by. However, you can still report the crime to the police and prosecution is still possible.

Follow-up Medical Care

Follow-up care is vitally important. Any sexually transmitted disease that you may have contracted from the offender will not show up until later. A follow-up test for pregnancy is also recommended. Even if you were given medication just in case, it is very important that you be re-tested a few weeks after the assault.

A follow-up exam will also give you the opportunity to check your injuries and discuss any new physical symptoms that may have developed since the assault. The hospital that treated you after the assault will have sent the hospital discharge papers to your doctor or given you the option to return to the hospital for a follow-up exam. The follow-up exam may bring back memories of the assault. This may be difficult for you and you may want extra support and counseling. If you are uninsured or have financial concerns, you can get pregnancy and STD tests at a local Planned Parenthood. Planned Parenthood will charge you based on your ability to pay.

Testing for STDs

You may want to keep track of STDs for which you have been tested. Ask your doctor or nurse exactly which tests are being completed. It may take several years for the symptoms of some STDs to show up. Information and testing could potentially save your life. Ask your health care professional for more information.

AIDS

Rape survivors are at a low risk for HIV infection; however, an HIV test may help you feel more comfortable. Because the HIV virus has a window period before blood levels are high enough to show up on a test, it is a good idea to wait 3 – 6 months after the assault to be tested. Most county health departments will have information about free, anonymous HIV testing. You can ask a health professional or sexual assault counselor for more information.

Legal Concerns

You may become involved in criminal or the civil justice process as a result of the assault. The criminal justice process is designed to punish and deter individuals who commit crimes (offenses against society). If the accused (the defendant) is found guilty he or she will be sentenced. The sentence may include probation, fines, and/or time in jail or prison. In criminal cases “the people” bring charges against the individual who committed the crime, the defendant. In all criminal cases the prosecuting attorney represents “the people”(society). Assault, larceny, and Criminal Sexual Conduct (Rape) are examples of criminal cases.

The civil justice process involves a dispute between two individuals. The individual who files the case is called the plaintiff, the other party is referred to as the defendant. The goal of civil justice process is to restore equity, enforce the law, and sometimes to punish or deter. Divorce, family law, personal protection orders, and law suits are all examples of civil cases. Survivors of sexual assault have successfully sued perpetrators for emotional distress and physical injury costs and other monetary damages.

Making a Police Report

With accurate information about the law and support for their feelings, many survivors of rape choose to report the crime and participate in a criminal case against the perpetrator. It is not an easy process for survivors, but some have found it to be helpful in their healing journeys. If you decide to speak to the police, you can have a friend or advocate present to support you.

You may want to write down everything you can remember about the assault and the perpetrator. This will help you when you meet with the police. The police will interview you about what happened. Some questions may be embarrassing. You may ask for an explanation of why the information is needed.

After the police report is made, a detective will be assigned to investigate the crime and submit the case to the prosecuting or city attorney’s office. The decision to prosecute belongs to the prosecuting or city attorney. This decision is based on the evidence that is available to the prosecutor.

Sometimes cases are not prosecuted. This is usually because of a lack of evidence that could prove to a jury (beyond a reasonable doubt) that the defendant is guilty, not because the prosecutor doesn’t believe you.

Your Role in the Criminal Justice Process

You are a witness in the state’s case against the perpetrator. You will be subpoenaed to testify during the criminal process. The prosecuting attorney will present the case on behalf of “the people” and does not represent you specifically.

However, as the victim of this crime, you do have special rights. Some of these include the right to be notified of all court proceedings when you provide information on how to contact you to the victim’s rights advocate at the prosecutor’s office. You also have the right to talk with the prosecutor about the case. If the prosecutor has not contacted you, you can call the prosecuting attorney’s office to find out which prosecutor is working on the case and attempt to contact him or her.

An advocate at your local Rape Crisis Center can help you with this and other aspects of working through the criminal justice system.

Michigan has several laws that are designed to make participation in the prosecution of a rapist easier for the victim.

1) Your sexual history cannot be brought up by the defense attorney as evidence in the trial unless there was a previous sexual relationship between the you and the perpetrator, or if there was specific sexual activity that could account for the presence of semen, disease, disfigurement or other injury. In these exceptions the defense must specifically request access to this evidence, and the judge must approve it. [MCLA 750.520j]

2) The prosecutor does not need to show that you resisted. [MCLA 750.520i]

3) Your testimony does not need to be corroborated by witnesses. [MCLA 750.520h]

4) You are not required to take a polygraph test.

5) The law does not specify the sexes or limit the relationship of the parties involved. It is possible to bring CSC charges against a same-sex rapist or a marital rapist to whom you are/have been married, or involved in previous consensual intimacy.

Your Rights as a Victim of Crime

Michigan’s Constitution outlines the following as some of the rights that crime victims possess:

The right to be treated with fairness and respect for your dignity and privacy throughout the criminal justice
process.

The right to be reasonably protected from the accused throughout the criminal justice process.

The right to notification of all court proceedings.

The right to attend the trial and all other court proceedings that the accused has the right to attend.

The right to confer with the prosecution.

The right to make a statement to the court at sentencing.

The right to restitution.

The right to information about the conviction, sentencing, imprisonment, and release of the accused.

Sexual Assault Laws

In Michigan the legal term used for “sexual assault” or “rape” is Criminal Sexual Conduct (CSC). The CSC law covers marital partners, children and same sex rape.

There are four “degrees” of CSC, which have been summarized below. The degree of the charge depends on a number of circumstances, including the victim’s age, mental capacity, use of weapons, or family relation.

Severity of sentencing also depends on many factors. Most perpetrators do not receive the maximum sentence. These laws can be very complicated. If the perpetrator is charged with one of these crimes an advocate at your local Rape Crisis Center can help you better understand the criminal process. See the Resource Section at the end of this handbook for information about your local Rape Crisis Center.

First Degree or Third Degree CSC; Both of these crimes involve forced or coerced (without consent)* penetration. This can be vaginal, anal or oral intercourse; putting a finger or object into another person’s anal or vaginal opening. [MCLA 750.520b & MCLA 750.520d]

Second or Fourth Degree CSC; Both of these crimes involve forced or coerced (without consent)* sexual contact. These include touching the groin, genital area, inner thigh, buttocks or breasts, or the clothing covering these parts. [MCLA 750.520c &750.520e]

Assault with Intent to Commit First Degree CSC; This crime is an assault where the perpetrator intended to commit CSC in the First Degree. [MCLA 750.520g]

Assault with Intent to Commit Second Degree CSC; This crime is an assault where the perpetrator intended to commit CSC in the Second Degree. [MCLA 750.520g]

* People who are drugged, incapacitated, or under the age of 16 are deemed by the law to be unable to give consent.

Stages of the Criminal Process

Warrant Request and Authorization: The detective/officer assigned to your case will forward a report to the prosecuting attorney’s office. The prosecutor may want to interview you. Because sexual assault is a crime against the citizens of Michigan, the prosecutor represents the people of the State of Michigan and not you specifically. The prosecutor will make the decision about whether or not to prosecute. If you haven’t heard from the prosecutor, you can call the prosecuting attorneys office and ask to speak with him or her. If the decision to prosecute is made, there will be an arrest warrant issued or a notice to appear in court for the defendant (perpetrator).

Arraignment in District Court: The district court judge will read the charges and the defendant will be given the opportunity to plea. Bond will be set at this time. Bond is an amount of money that needs to be paid to ensure that the perpetrator will show up for court again. Sometimes no bond or a very high bond is set so that the perpetrator is forced to stay in jail. If the defendant is released the judge may order conditions of bond. The prosecuting attorney may request a condition of bond that orders the defendant to not come near you or contact you. You can talk with the prosecutor and have him/her request this type of bond condition, usually referred to as a “no contact condition.”

Preliminary Hearing: This is a formal hearing in front of the district court judge. The prosecutor will try to prove that a crime took place, that it took place in your county, and the perpetrator is a likely suspect. The prosecutor must prove that there is reasonable cause to believe that all of these things for the case to continue. You will be required to testify. At the beginning of your testimony you will have to look at the perpetrator and identify him for the court. The prosecutor and a defense attorney for the defendant will ask you questions. The case may be dismissed at this point or bound over to circuit court. Sometimes the defendant may waive the right to a preliminary hearing and the case will go straight to circuit court.

Arraignment in Circuit Court: The charges will be read to the defendant in circuit court. The defendant will be given the opportunity to plea again. If the defendant pleads guilty or no contest, a sentencing date will be set. If the defendant pleads not guilty, a trial date will be set.

Plea Bargaining: The prosecutor and the defense attorney may negotiate about the degree and type of charge. This is called plea bargaining. The defendant may agree to plead guilty to a lesser charge to avoid a more severe punishment. A plea may be entered to the judge at any time during the court process. The judge does not have to accept the plea, but usually will if the defendant, the defendant’s attorney, and the prosecutor agree.The prosecutor should discuss any pleas with you. If you feel strongly about the plea, speak to the prosecutor and let your opinions be known.

Pretrial Conference and Motions: The court may hear motions to determine what evidence will be admitted. The defense attorney and the prosecutor may discuss a plea bargain.

Trial: The prosecutor will try to prove beyond a reasonable doubt that the defendant committed the crime. You will usually be the first witness to testify. After you testify you will need to leave the courtroom. You are not allowed to hear the rest of the testimony because you are a witness and you may be called back to testify again. As the accused, the defendant has the right to stay in the courtroom throughout the entire trial. The trial could take several days to complete. If the defendant is found convicted, a sentencing date will be set.

Sentencing: If the defendant is convicted, pleads guilty or no contest, the probation department will make a sentencing recommendation to the judge. You have the right to complete a written and oral victim’s impact statement that describes how the assault has affected your life. You also have the right to ask for restitution for any financial losses you have suffered as a result of this crime. This statement can be considered and made a part of the probation department’s pre-sentence report. Written statements turned in before the sentencing date will become part of the file. This means that the defense attorney will have access to it and may share it with the perpetrator. You also have the right to make an oral statement at the sentencing proceedings (even if you do not complete a written statement).

Appeal: The defendant has the right to appeal the decision.

Crime Victims Compensation

As a victim of crime, you may be eligible for monetary assistance. Assistance may include compensation for medical expenses, counseling, rehabilitation, and loss of earnings resulting from an injury that is the direct result of a crime. Claims should be filed within one year; however, there are exceptions for child victims of sexual abuse and upon petition for good cause. You can get a claim form from The Crime Victim Services Commission, local Prosecuting Attorney, any State Police Post, or your local Rape Crisis Center.

Law enforcement considerations that must be met to receive victims compensation:

The crime must be reported to a law enforcement agency within 48 hours unless there was good cause for the delay. This provision is waived for child victims.

The victim must be willing to cooperate with law enforcement agencies, the prosecutor, and the Commission.

If you are having difficulties with the paperwork, your local Rape Crisis Center should be able to provide you with some assistance.

Crime Victim Services Commission
PO Box 30026
Lansing, MI 48909
(517) 373-7373

Civil Suit

You have the option of filling a civil lawsuit. By doing this, you could possibly be awarded monetary damages. Here are some key points to keep in mind about this option:

You will need to hire an attorney.

You do not have to pursue criminal charges in order to file a civil lawsuit.

You will be the Plaintiff and the perpetrator will be the Defendant.

The process can take 2-5 years to complete.

If the criminal case is still in progress, a civil trial cannot begin until the criminal case has been completed.

If the defendant is found guilty in criminal trial, then the only debate in the civil trial is over how much money the you should receive.

If the defendant was found not guilty in a criminal proceeding, or if there was no criminal proceeding, then the plaintiff only needs to prove that the defendant committed the crime by a preponderance of the evidence, rather than beyond a reasonable doubt.

Your past or present sex history can be brought into the trial.

The goal of a civil suit is to compensate the survivor for injury caused by the action of the defendant. If the defendant is found responsible in the civil action, he or she cannot be sentenced to time in prison/jail. An award of damages may be compensatory, punitive, or both.

Stalking

It is common for criminals to make threats during the incident (e.g., “If you report this, you’re going to regret it”). Although it feels utterly frightening, these threats are usually empty and used as a means of gaining control. If you were raped by someone that you know, you may be at risk of being stalked or harassed by the perpetrator or by friends or family of the perpetrator. If the person who raped you was a stranger,the chances of being stalked by him/her are less likely.

Michigan’s Anti-Stalking Laws

Stalking: This is a crime defined as a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. This crime is a misdemeanor punishable by up to one year in prison or up to a $1,000 fine. If the victim is a minor and the perpetrator is 5 or more years older, this crime is a felony punishable by up to 5 years in prison and up to a $10,000 fine. [MCLA 750.411h]

Aggravated Stalking: This is a crime that includes the factors listed above that constitute stalking plus one of the following aggravating factors: Making credible threat of injury, violating a Personal Protection Order; violating a bond condition, or having a previous conviction for stalking. This crime is a felony punishable by up to 5 years in prison or up to a $10,000 fine. If the victim is a minor and the perpetrator is 5 or more years older than the victim, this crime is a felony punishable by up to 10 years in prison and up to a $15,000 fine. [MCLA 750.411I]

What to Do if You are Being Stalked

Report harassing/uninvited contact to your local police department. Even if the police can not take any action at first, reporting the incident will begin to document the history of stalking.

Plan for your safety. Tell your coworkers and neighbors what is going on. Get a cellular phone. Teach your children how to call 911. Consult your local Rape Crisis Center for safety planning that is specific to your situation.

Keep a log of all the harassing incidents. Include the time, place, and description of incident, as well as any witnesses to the incident.

Get a Personal Protection Order. You can fill the paperwork out on your own, have someone at your local Rape Crisis Center assist you, or retain an attorney.

A Personal Protection Order (PPO)

A PPO is an order from the court to the stalker that prohibits certain activity. If the stalker violates the order he/she could be sentenced up to 93 days in jail and/or a $500 fine.A PPO Can Prohibit the Stalker From Any or All of the Following: entering the property where you live or work, appearing within your sight, following you, assaulting you, threatening you, calling you, possessing or buying a gun, or any other conduct that interferes with your personal liberty.

Who Can Get a PPO?

If have the current or former following relationship to the perpetrator: spouse, dating, have a child in common, or reside in the same household OR if the stalker is a stranger and has committed any of the prohibited behaviors listed in the above paragraph.

Filing for a PPO

The paper work is available at the county clerks office. You can fill it out on your own, have someone at your local Rape Crisis Center help you, or retain an attorney. You can request that the PPO be signed by the judge without having to go to trial. However, the judge may order a trial in order to show good cause why the PPO should be issued. The PPO goes into effect immediately when the judge signs it. If there was no trial and the PPO was signed by the judge, the stalker will have 14 days after he/she is served to request a trial. If the judge does not sign the PPO, he/she is required to give a written reason for why they did not sign it.

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