Module 2
Overview of the Criminal Justice System

A Sexual Assault Victim’s Testimony at Trial

Obviously, the content of a victim’s testimony depends on the particular facts and circumstances of the individual case. But in general, expect that the victim will have to testify about:

  • the relationship, if any, between the victim and the perpetrator
  • the details of the sexual assault, including a precise description of the conduct perpetrated during the assault
  • surrounding details such as what happened before the sexual assault and what happened immediately after
  • how and when the sexual assault was reported to law enforcement
  • whether the victim sought medical treatment or a “rape kit”
  • how the assault impacted the victim’s life afterwards
  • the victim will be asked to identify the perpetrator in the courtroom by pointing to him/her to verify that the defendant in the courtroom is the same person who committed the conduct the victim is describing on the witness stand.

In order to prove sexual assault beyond a reasonable doubt and satisfy each element of the crime(s) charged, the victim must testify to the perpetrator’s conduct in precise detail. Revisiting the sexual assault in this way can be very traumatic. Generally, the prosecutor assigned to the case will prepare the victim for testimony so the direct questioning should not be surprising. But that often does not remove the difficult nature of testifying to such painful memories. The simple fact of being in the same room as the perpetrator can cause anxiety and trauma and may make it difficult for victims to tell their narrative.

Cross examination is designed to discredit the victim’s narrative and overall credibility. This can be especially psychologically and emotionally taxing.

How a victim advocate can support a victim who has to testify about being sexual assaulted is discussed in detail in Module 7.

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