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Rape, Sexual Assault and Child Sexual Abuse are criminal offences. No one has to put up with it and no one deserves it.

Although it is generally men who Rape and Sexually Abuse, we recognise that women can also abuse. We also recognise that Child Sexual Abuse takes place, not just within violent home situations, but also within homes that are perceived as normal and decent. The abuser is often not a stranger, but a person known and even trusted by the woman or girl. Statistic show that 71% of sexual crimes happen in the home of either the survivor or the abuser. The fact that someone you know and trust could do this, can be very disturbing and confusing. Abusers are rarely mentally ill or sick. They are in fact, ordinary respectable men who use sex as an act of violent aggression and humiliation.

Survivors of Rape and Sexual Abuse range from very young children to elderly women, none of whom ask for it. Women and children should feel free to speak out about their experiences and should be free to live their lives without fear of sexual violence and abuse.

Survivors are NEVER to blame. The responsibility and blame lie with the abuser.

Please remember, you can have a friend or someone from your local centre with you at all stages of these procedures.

When the police have collated all the evidence, a report is given to the Procurator Fiscal, it is the Procurator Fiscal who decides whether or not, there is enough evidence to prosecute the accused.

You may be asked to attend a Precognition interview with the Procurator Fiscal, who will go through your evidence with you. At this interview you can ask any questions you may want answered.

Many police forces have specific rooms which have been designed for the comfort of women and children. Many also have officers trained to meet the needs of survivors and to deal with sensitive issues. If you report a recent Rape, Sexual Assault or Abuse, please do not bathe, shower or change your clothes before contacting the police, as they will need to gather as much forensic evidence as possible. The police may need to check the clothes you were wearing for evidence, so you may need someone to get you a change of clothing. Your consent is required before a medical examination is carried out. The officers will try to arrange for a female doctor to carry out the medical examination. Photographs of injuries will be taken and you may be asked to return the next day, as some bruising is not obvious right away. You will only be asked to give a brief statement initially and arrangements will be made for a more detailed statement to be taken later. You should only be asked about sexual history which is relevant to your case.

Read your statement carefully, before signing it. An officer should be allocated to you and you can contact her/him, regarding any questions that you may have about your case. It may be a good idea to make notes about what happened and if you can remember anything else later, you can contact your designed officer and let her/him know.

Courts

If the accused is to be prosecuted and is in custody, you may have to wait up to 110 days before he appears in court, but if he is on bail, you may have to wait up to a year after his first court appearance, before the case is tried. If the attacker is on bail, he will be warned not to approach you and should you have any concern for your personal safety, contact the police immediately. The Defence lawyer is entitled to an interview with you at this stage, but if you feel you would like more information regarding this, you can contact the Procreator Fiscal. Cases of Rape are always heard in the High Court. Attempted Rape or Serious Sexual Assault may be dealt with either in the High Court or, in the Sheriff Court. There could be a jury present either in the Sheriff Court. The difference between the two Courts is the power they have for sentencing. As you are the chief witness for the prosecution, you will not be legally represented in court. The accused has right up to the last minute to change his plea to guilty and if this happens, you are not required to appear in court. The case may last several days and it could be postponed. Members of the public may be cleared from the court when you give evidence, but there will still be a number of people left in the courtroom, including the accused.

If the trial is heard in the High Court and the accused is found Guilty, there is no upper limit to the sentence. If the case is heard before a sheriff and jury, there is a maximum sentence of three years and if the case is heard before a sheriff only, the maximum sentence is six months. If the verdict is Not Proven, there has not been enough evidence to convict the accused and he will be released.

If he is found Not Guilty, he will be released. You cannot appeal against this verdict.