What are “rights to confidentiality”?
You have the right…
- To have your conversations with a sexual assault counselor or family violence victim counselor at a rape crisis center or family violence center remain confidential and not used in court, unless you want them to be used. [§52-146k]
- Not to have your present or prior sexual conduct brought up during the trial unless the court, after a hearing, decides that it is strongly related to the trial. You may wish to speak with the prosecutor about this. [§54-86f]
- Not to have your address or phone number disclosed in the courtroom during any proceeding in the prosecution of the case involving sexual assault, injury or risk of injury to a child, or impairing the morals of a child. [§54-86d] You also have the right to have your name and address in the court records remain confidential from people not involved in the case (the offender will have access to this information through his/her attorney) and released only by an order of the court. [§54-86e]
What are “rights to notification”?
By providing a current mailing address and phone number to the prosecutor, you can ask to be told about …
- Any court proceeding – arrest, arraignment, and release on bond, entry of a plea, trial or sentencing. [§51-286e]
- A chance to tell the judge about how the crime affected you, by presenting a Victim Impact Statement. You can either speak to the judge in court or you can give written comments to the prosecutor for submission to the judge. [§54-91c]
- An application by the offender for accelerated rehabilitation (AR) and a chance to comment to the judge on that application. [§54-56e]
- Whether the criminal case has been dismissed. You should check often with the court clerk about this. You request must be made within one year of the dismissal. [§54-142c]
- Any application by the offender to the Board of Pardons and Paroles, Department of Correction (DOC), sentencing judge or Sentence Review Division. You must file a request with the Office of Victim Services (they will provide the form), and provide a current mailing address. [§18-81c]
- A chance to appear before the Board of Pardons and Paroles or submit a written statement about whether the offender should be released, or the conditions to be imposed on any such release. [§54-126a]
- When the offender is released from the DOC. You must file a request with the Office of Victim Services or the Commissioner of Correction, and provide a current mailing address. [§54-228]
What are my rights as a victim?
Victims of crime in Connecticut have rights that are protected by law. Some of these rights are complicated and difficult to fully explain. If you have any questions about your rights, you can call a sexual assault counselor or the Office of Victim Services. (See page 68)
Do I need my own lawyer if I decide to sue the offender?
You will probably need to hire a lawyer if you decide to sue the offender in civil court. A sexual assault crisis counselor can help you find a lawyer who specializes in helping victims.
What role will my testimony play in the criminal case?
You testimony will be very important:
- At trial to help a judge or jury decide whether to convict the offender;
- Before sentencing you can speak to the preparer of the Pre-sentence Investigation Report that will be given to the judge;
- At sentencing your “Victim Impact Statement” will help the judge to decide a proper punishment for the offender;
- At a parole hearing to help the Parole Board decide whether to grant the offender’s request for early release.
What if the offender’s lawyer or investigator contacts me?
You do not have to talk to anyone about the incident unless you have been subpoenaed to appear in court. If you are subpoenaed, you are only required to talk about the incident in court, not out of court. Anyone working with the offender is seeking information for offender’s benefit. You may decide that you do not want to speak with them out of the courtroom, or that you want the prosecutor to be present. You should always find out who it is that wants to talk to you, and who they are working for, before you decide whether or not to speak to that person. If you have any questions, you should contact the prosecutor.
When will the case be tried?
If the case goes to trial, it may take a long time – perhaps more than a year. However, criminal cases sometimes are resolved without a trial through a plea agreement. During this period you can be in contact with someone from the prosecutor’s office. A sexual assault counselor can answer questions and can help you communicate with the prosecutor’s office.
Do I need my own lawyer for the criminal case?
No. The State of Connecticut has lawyers, called State’s Attorneys or prosecutors, who represent the state’s interest and who will prosecute the criminal case. They will need you as a witness for the state’s case against the offender. You may hire your own lawyer to represent your interest if you wish.
Will the offender be able to get out of jail after being arrested?
The offender may be released on bond after arrest while awaiting trial. If you are afraid, you should contact a sexual assault counselor to discuss your fears and options.
Crime victims can register with the Connecticut Department of Correction to receive notification when their offender is discharged from bond or released on promise to appear. Crime victims who wish to receive notification should call the Department of Corrections Victim Services Unit at (888) 869-7057 for more information. They can also fill out the Confidential Request for Notification of Status of Inmate form (available online: http://www.ct.gov/doc/lib/doc/PDF/form/FormJd-Vs-5.pdf) and fax it to the Department of Correction at (860) 692-7867.
What happens after I report to the police?
After you contact the police, you will need to give them a statement in your own words about what happened to you, including a description of the offender and where the attack happened. You will be asked to sign the statement. If later you remember other information, you should call the police to amend your statement.
You should be careful not to wash or throw out any items related to the assault. You should tell the police about them because they may need to collect these items, including clothing or linens, as evidence. The police may need to contact you during their investigation. Arrests do not always happen quickly, or at all.
Someone from the prosecutor’s office (a prosecutor or an investigator) may contact you after the offender is arrested. You also may be contacted by an OVS Victim Services Advocate who can provide you information regarding your rights and case information.
Should I report the assault to the police?
If you chose to report a sexual assault to the police you should do so as soon as possible. In many cases, the ability to catch and prosecute the offender depends upon it. The hospital staff or sexual assault counselor can contact the police for you, or you may contact them yourself.
You cannot be requested or required to take a lie detector test by any police department, prosecutor or investigator because you file a sexual assault complaint. [§54-86j]
Note: As a victim of sexual assault, you may be eligible for financial assistance from Office of Victim Services (OVS). If you have disclosed the assault to a healthcare provider, advocate, or certain other professionals, this may be considered instead of a police report to meet the OVS Compensation Program eligibility requirements. [§54-209]
What about AIDS?
Some people who have been sexually assaulted are concerned about HIV infection. HIV (Human Immunodeficiency Virus) is the virus that causes AIDS (Acquired Immune Deficiency Syndrome).
The risk of HIV infection from a onetime sexual assault is low. Whether the sexual assault happened recently or in the past, you should talk to a knowledgeable person for advice. A sexual assault counselor can provide support, information and can direct you to testing sites where you can receive free (or very low cost) anonymous HIV testing and counseling. After discussing you situation with a counselor, you may want to be tested for HIV.
Because of the emotional trauma of the assault, you may want to do baseline testing 3-5 days after the assault. Waiting will give you a chance to talk to a counselor and to think about you choices in order to make the best decision for you. A test given shortly after the assault will only tell if you were infected before the assault. It can take up to 6 months to know if you were infected during an assault so it is recommended you be tested for HIV at 6 weeks, 3 months and 6 months post assault.
The law also gives you the right, in some cases, to request that the offender be tested for HIV. [§19a-581 – §19a-585] A sexual assault counselor or an HIV counselor can tell you about this right. However, if you are concerned about HIV infection, you should be tested.
Will I need any follow-up medical care?
The test you had in the hospital will only tell you if you were pregnant or had an STI before the assault. If you contracted anything from the offender, it will not show up until later. Even if you were given medication as a precaution, it is very important that you be re-tested in two weeks.
The Discharge Instruction sheet given to you when you left the health care facility contains very important information. You should bring that sheet with you to any follow-up appointments.
If you received hormone therapy to prevent pregnancy, you may have some nausea. If you were not given a prescription for anti-nausea medication and you need some, call the hospital where you were seen. (See Discharge Instructions for telephone number).
It may take up to two weeks for your period to start. If it does not, or if you think you might be pregnant, you should have a blood test for pregnancy to be sure.
Who pays for the exam?
The CT Judicial Branch, Office of Victim Services (OVS) pays for the cost of completing the sexual assault evidence kit. [§19a-112a(e)]. The state will also pay for a medical forensic assessment interview done on a child. However, the hospital may bill you for some medication and any other medical expenses. You may be able to get help with these bills from OVS. (See Appendix H)
Should I have the Kit completed if I am not sure about reporting to the police?
Yes. You should have the Kit completed as soon as possible after a sexual assault, even if you cannot decide whether to report the assault to the police. Important evidence may be lost or destroyed as time passes. The state law requires that the completed kit be held for sixty (60) days to allow you time to decide. [§19a-112a(d)]. During this period the kit will not be identified by your name. You can still choose not to report to the police.
What are “rights to protection”?
You have the right…
- To appear under subpoena as a witness in any criminal proceeding without being fired, harassed or otherwise retaliated against by your employer. [§54-85b]
- To request that special considerations be taken during your child’s testimony, in or out of court, if you are the parent of a sexual assault or abuse victim and your child was 12 years of age or younger at the time of the offense. [§54-86g]
- To request the arrest of the offender, to request a protective order from the court, and to apply for a restraining order from the court in order to prevent further injury. A sexual assault counselor or a family violence victim advocate can explain these issues. [§46b-15, §46b-38c] (See page 69)
What are “rights to profit”?
You have the right…
- To file a lawsuit seeking any profits the offender might receive from any book, movie or dramatization of the crime if the offender is convicted. [§54-218]
What are “rights to return of property”?
You have the right…
- To request the police return any personal property taken for the investigation or prosecution of the crime within 30 days, unless the court orders it held longer. The property will be disposed of if you do not request it within six month from the end of the criminal case.
What is the Sexual Assault Exam?
The sexual assault exam is a medical exam done by health care personnel. You are examined and treated for any injuries, and tested for pregnancy and sexually transmitted infections (STIs). During the exam, a sexual assault evidence collection kit may be completed. [§19a-112a(c)] This Kit is used to collect specimens, such as hair or semen, which may provide supportive physical evidence to be used in court. The presence or absence of physical evidence does not prove whether a person has been sexually assaulted.