Helping the survivor of abuse to give their best evidence in criminal proceedings

As lawyers, we do on occasions advise our clients who are the survivors of non-recent sexual abuse to report their abuse to the police. 

This is not an easy process for the survivor of sexual abuse but there has been legislation in place for years to support them through the criminal justice system. The survivor of sexual abuse falls within the definition of survivors of the most serious crime and of both vulnerable and intimidated survivors. They therefore have enhanced rights under the Victims Code which entitle them to specialised support during the criminal process. 

The police interview is obviously very difficult for the survivor of sexual abuse but they can request that the police officer conducting the interview is of a gender of their choice. 

Support through the process can be provided by a wide range of agencies both local and national, e.g. Rape Crisis England and Wales, the Survivor's Trust, National Society for the Prevention of Cruelty to Children, and Barnardo's. In some areas, the Witness Service/Victim Support can provide a specialist witness service, and there are also other specialist support services such as Independent Sexual Violence Advisors (ISVAs) that play an important role and should be considered as a vital source of support. 

Attending the Crown Court to give evidence at the criminal trial can be very daunting and traumatic for the survivor of abuse. They may be concerned about seeing their abuser in court, being cross examined or even being seen in the court building by the defendant/s or members of their family. 

The criminal process aims to enable them to give their best evidence and account of the abuse and there are a range of special measures available to help achieve this. The survivor of the abuse can be cross examined in a live link room in the court or in a suitable location nearer to their home so that they do not have to be present in the court room. They can be supported there or in the court by an ISVA, or volunteer from Victim Support or the Witness Service. If they do give evidence in the court room then screens or curtains can be used so they do not have to see the defendant. Pre-recorded evidence can be used as their evidence in chief. Visits to the court can be arranged in advance so that the survivor of the abuse can familiarise themselves with the venue. In some cases, where there are potential communication issues a Registered Intermediary may be required to ensure that appropriate language is used and to support the survivor giving evidence in court.           

Arrangements can be made for them to use alternative entrances or different vehicles that will allow their discreet arrival and departure from the court. The survivor can then wait in a dedicated witness room which will often then give them direct access into the court itself.       

At the conclusion of the criminal proceedings, the survivors of sexual abuse often describe to us feeling a sense of justice in seeing the abuser in court and if they are convicted to see them sentenced by a criminal court. A conviction can also be powerful evidence that can be used in a civil claim for compensation.     

Jordans solicitors are acting on behalf of vulnerable children and young adults whom it is alleged were sexually abused in a number of different types of institutions. 

Compensation is a small step towards taking control of your life and getting the justice you deserve.

We understand how difficult it can be for you to talk about the abuse you suffered during your childhood. That’s why our specially trained child abuse solicitors work closely alongside psychologists and barristers to support you both emotionally and legally.

Justice for child abuse survivors should be accessible no matter how long ago it happened. That’s why we fought for a landmark change in the law, which allows an abuse claim to be brought before a court regardless of when it took place.

If you want to discuss the options that are open to you, please contact our specialist Abuse Team at Jordans Solicitors