Nobody expects you to be jotting down details in a notebook while you are being victimized. In a setting where you are being constantly harassed such as your workplace, you will be able to make notes, save emails, and preserve comments, but in a criminal setting your mind is traumatized in a different way which includes panic and a feeling of being “frozen”. Once you become a victim in any situation, you might not know what to do next. Questions such as “who I should tell, where should I go, should I save and collect any evidence are all mulling around in your head. This is typical and normal. I want to provide you with several tips that early on might be extremely helpful as you are trying to digest what has just happened to you. Remember that you can always seek your own legal representation, including myself, to guide you through this process. Let us discuss a criminal case first.
- If you have been assaulted in any way you should report this immediately to the police. This is your choice whether to reach out to law enforcement, but a violation of any criminal statute requires reporting if you seek a criminal prosecution against the perpetrator. The police are trained in sex crimes and will know how to proceed in these specialized cases. After reporting the crime, a detective will be assigned to the case, and they will meet you or take you (depending on the time frame) to the rape treatment center for an examination and evidence collection. If you choose to wait and not call the police right away, you could jeopardize losing important evidence. As an experienced sex crimes prosecutor, I am aware that many victims do not report right away (for several reasons) but you need to be aware that evidence is crucial. If you do not call the police immediately after the assault, please try not to shower or bathe to preserve biological evidence. Also keep your clothes in the same state and do not wash them. Valuable evidence is often found within clothing that might not be seen with the naked eye. The police will ask you if you have anything to turn over and collect it from you.
- Don’t be ashamed or embarrassed to tell close family or friends, as they might be able to help function as witnesses later in your case if you are ever asked “well did you tell anyone this happened to you?” Again, this is your case and your choice as to whether you want to tell anyone. Also, you want to turn over to the police any evidence that you might have by way of text messages, emails, journal entries, and statements made to other witnesses. Anything that you have in your possession that you think might help your case should be given to the police or any lawyer that you might retain.
- A victim advocate will be provided to you and can help get you to speak with a therapist or counselor. It is particularly important for you to speak with someone that deals with victims and can guide you through whatever emotions you might be feeling. It is common for a victim to be reluctant about getting therapy, and that is understandable. You oversee your own case even if you do not want to talk to someone now, there will always be someone there to help you.
- Know your rights as a victim in a filed criminal case, you have the right to be present at all hearings, court dates and have a say in any plea negotiations. If the State Attorney does not file the charges, that does not preclude you from seeking other avenues of relief.
- You can seek relief in civil cases in a variety of ways. Lawsuits can be filed against varies parties when it comes to sex crimes including harassment. Negligence, negligent hiring, and emotional distress are just a few of the possible claims. Any statements, journal entries, emails, text messages, letters, or anything else that could help your case, you must keep in your possession. You should report any type of harassment to the employer first. (unless of course it is the employer who is doing the harassment). If a colleague is the party responsible for the actions, the employer can start an investigation and begin the process of seeking relief for you. This does not preclude you from seeking legal representation. If you do retain a lawyer, make sure you turn over all correspondence to them and keep copies of your own files. It is imperative that your lawyer sees all documentation they know what claims to file.
- There is a difference between the burden of proof in a criminal case versus a civil case. In a criminal case the burden is beyond and to the exclusion of every reasonable doubt. This burden is much higher because you are trying to take away someone’s liberty. In a civil case the burden is by the preponderance of evidence which is a lower because we are dealing with monetary damage. Remember, you can have a criminal case and a civil case run simultaneously. Your criminal case can be pending while you seek out the help of a civil lawyer. They are not mutually exclusive.
- Take care of yourself first. Your mental and physical well-being are the most important aspect of all of this whether it be in criminal court or in the civil arena. Seek out help. Do not be embarrassed or ashamed of what happened to you and know that there are always people around to help.