Men can be victims of sexual attack regardless of their sexual orientation, while the attacker is more often male, men can be and are sexually assaulted by women 

Law and Legal Process 

Crown Prosecution Service, Magistrates Court and Bail, Crown Court, Criminal Injuries Compensation Authority 

Having made a complaint of rape or sexual violence to the Police, given your statement as to what happened and attended a medical examination (if necessary), the Police will prepare a file of evidence. If the perpetrator can be identified the file of evidence is then needed in order for the legal process to continue. 

Crown Prosecution Service (C.P.S.) 

On receiving the file of evidence from the Police the CPS will determine if the evidence is substantial and admissible in Court. 
 
If the CPS decide that there is substantial admissible evidence then the alleged offender will be charged and required to appear in Court. 

Magistrates Court/Bail 

The role of the Court in a rape or sexual violence cases is to determine if a crime has been committed and impose a sentence where/as appropriate. 
 
All cases involving sexual violence are sent for trial at Crown Court, however in the first instance the alleged offender will appear at the Magistrate‚Äôs Court there it will be decided if the alleged offender is to be kept in custody or allowed bail. 
It is the Magistrates who decide if bail is to be granted and if any conditions are attached to the bail, e.g. the alleged offender: - 
 
Must not contact the witnesses 
Must report daily to a designated Police station 
Must not visit a stated town etc. 
The survivor is not required to attend the Magistrates Court. 

Crown Court 

At Crown Court the case will be heard by a Judge and Jury, if the defendant pleads not guilty. 
 
However if the defendant pleads guilty, they will appear before a Judge for sentencing. In this case the survivor will not be required to give evidence as a prosecution witness. 
 
A visit to the Crown Court prior to the Court case can be arranged via NRCs Independent Sexual Violence Adviser (ISVA). This enables the witnesses to familiarise themselves with the Courtroom and the court proceedings. 
When the survivor arrives at Crown Court on the day of the trial, they will meet the ISVA and also the prosecution barrister where you will be asked to read through your statement and also the barrister may ask some questions to clear up any ambiguity. 
 
A separate room is made available for prosecution witnesses (survivor), thereby ensuring privacy from the defence witnesses and members of the public. 
 
 
Group work at NRC
group work 
Hide Your Visit
hide your visit 
resources 
 
 
 
 
 
The survivor will be asked to give their evidence by the prosecution barrister, they will then be cross examined by the defence barrister, during this time the defendant will be present in court but screens are available that will block you from the defendants view, if you require them. 
 
As the main witness in the case, giving evidence may take some considerable time, however the judge will give breaks as and when necessary. 
 
Normally on completing giving evidence the Judge will release a witness who is then free to leave the Courtroom, but must not, of course, discuss the case with any other witness(es). 
 
Whilst the press are allowed to attend the Court hearing, the survivors (name/address) cannot be published in a newspaper. 
 
The ISVA can attend the remainder of the trial if you would like and inform you of the jury's verdict. 

Criminal Injuries Compensation Scheme 

An adult victim of criminal injury may apply to the Criminal Injury Compensation Authority for Compensation. 
 
No legal advice or representation is necessary to make an application for compensation. 
 
In the case of rape or sexual assault, the assailant need not have been apprehended. Application can also be made if the case goes to Court and the alleged assailant is found not guilty. 
 
Prior to granting compensation, the Criminal Injuries Compensation Authority must be satisfied that all their criteria is meet and this will necessitate enquiries to the police, hospitals and doctors to verify the extent of the injuries both physical and psychological. 

Solicitors/Injunctions 

Where a complaint of rape or sexual violence has been made to the Police there is no need for the survivor to instruct a solicitor. Should any difficulties arise with the accused then the Police Officer in charge of the case should be notified immediately and they can take appropriate action. 
 
For more details log onto CPS website: www.cps.gov.uk 
 

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