Benefits Available KRS 346.120 and 346.130

Forms are available from law enforcement, hospitals, rape crisis centers and prosecutors' offices or by writing or calling:

Crime Victims Compensation Board
130 Brighton Park Boulevard, Frankfort, Kentucky 40601
(502) 573-2290

4. SERIOUSNESS OF CRIME: When you report the rape it becomes a statistic and can help let people know how serious and prevalent the crime is. It also alerts them to danger spots in the area.

5. LOW COST: Rape, like all violent crimes, is considered a crime against "the people of the state," not just you personally. Therefore, you do not have to hire a lawyer or pay to prosecute the rapist. The county prosecutor will act as your attorney. Most County Prosecutor's offices now employ victim advocates to help you through the legal process. The Victim Advocate's role is to act as a liaison between you and the prosecuting attorney and help you understand the process.

6. PRIVACY: The Kentucky Rape Shield Laws protect the victim so that present or past lifestyle(s) or sexual experiences is less likely to be brought out in a criminal trial.

7. ADVOCACY: You can get help throughout the reporting and court process from a crisis center rape-victim advocate.

Perceived Disadvantages of Reporting to the Police
1. RETRAUMATIZING: It may be hard for you to repeat your story. If the case goes to trial, you may have to retell your story repeatedly. But remember, reporting it doesn't necessarily mean it will go to trial.

2. NOT IN CONTROL: The prosecutor has the choice whether or not to proceed with your case. You have the right to know why. Should prosecution end before the case gets to trial, it is often due to a lack of evidence.

3. POOR RESULTS: Reporting may be frustrating as only a small proportion of rapists are caught, identified, and arrested, and only a few of those get all the way to court. The police and prosecutor will do the best job they can, however.

4. INSENSITIVITY: Although there is getting to be a wider understanding of rape these days, you may be treated rudely, disbelieved, or badgered by a callous defense attorney. The prosecutor will do her/his best to protect you against this treatment.

5. MORE TROUBLE: Teenagers are often afraid to go to the police because they think they will be punished, especially if they were breaking a rule when the rape happened.

6. PUBLICITY: Some survivors feel they don't want anyone else to know about the rape. The name of the victim is not usually released to the media.

LEGAL OPTIONS

Benefits:

Benefits:

STEPS TO PRESSING CRIMINAL CHARGES

2. CRIME SCENE. Officers may be sent to the crime scene to collect any evidence. Soiled bed sheets or clothing worn during or just after the assault may be taken. The client should try not to move anything from the scene and keep people out as much as possible.

3. HOSPITAL. The client should have a rape exam at a hospital preferably within 96 hours of the assault to obtain physical evidence. The kit would ultimately be sent to the state crime lab for comparative analysis with a rape kit taken from the suspect. The client may refuse any part of the exam that they are not comfortable with.

4. DETECTIVE. A detective will contact the victim for an interview. The interview can be conducted at the hospital, police station or in the victim's home. The detective may tape the conversation or may ask for a written description of the assault before the interview. There will likely be questions about the exact words the assailant used which may prove very helpful in tying cases together. During the detective's interview, there will also be questions about the use of force or the threat of force as this will be important part of the trial.

5. WAIVER. If the client decides not to prosecute, the police may ask the client to sign a waiver of prosecution. This allows the police to close the case. It may hurt clients' credibility if they later decide to prosecute. This is not required and is discouraged by the rape crisis center.

6. WARRANT. Either the police or the victim may file a criminal complaint. A district judge would then review the complaint and decide whether or not to issue a summons to appear in court or a warrant for arrest.

JUDICIAL PROCEDURES DEFINED

ARRAIGNMENT The arraignment is held as soon as possible after the arrest is made. The defendant is advised of the charges against him/her. The amount of bail bond is set. A date is set for the preliminary hearing. The survivor does not usually have to be present at this process.

PRELIMINARY HEARING The defendant may waive a preliminary hearing. If the preliminary hearing is not waived, it will be held within 10 days following the initial appearance if the defendant is in custody or within 20 days if the defendant is not in custody. A preliminary hearing is held to determine whether there is sufficient evidence to believe that the crime was committed and that the defendant committed it. If the judge believes that there is probable cause the case will be referred to the Grand Jury. The survivor may or may not need to testify.

PLEA-BARGAINING May occur anytime after the Grand Jury Hearing through the trial. If there is a plea the prosecutor is required by KRS 421.500 to inform the survivor and the case will not have to go to trial. Survivor may or may not need to be present.

ARRAIGNMENT The defendant appears in open court and is notified by the Circuit Judge of the charges contained in the indictment returned by the Grand Jury.

PRETRIAL CONFERENCE A meeting between the prosecutor, the defense attorney and the defendant. The prosecutors generally advise the defendant and attorney of the evidence he/she intends to present at trial. A recommendation may be made by the prosecutor in exchange for a plea of guilty.

GUILTY PLEA After hearing the evidence presented by the prosecutor at the pretrial conference, the defendant may choose to plead guilty, thereby avoiding the necessity of a jury trial.

JURY TRIAL The prosecutor will present evidence to twelve residents of the county who make up the jury. It is the duty of the jury to determine guilt or not guilty beyond a reasonable doubt of a defendant. The investigating officers, victims, and witnesses will be subpoenaed to appear in court to testify before the jury.

PRESENTENCE INVESTIGATION This is a document submitted by the Division of Probation and Parole. It's primary objective is to focus on the character and personality of the defendant. It includes information such as the prior criminal record and personal history of the defendant. The Probation Officer conducting the investigation may make a recommendation concerning probation or incarceration. Probation and Parole may contact the survivor to complete the victim impact statement of the presentence investigation.

VICTIM IMPACT STATEMENT This is a document submitted typically to Probation and Parole by the advocate of Commonwealth's Attorney Office on behalf of the victim. It is usually prepared by the victim, and contains, but is not limited to, a description of the nature and extent of any physical, psychological, or financial harm suffered by the victim as a result of the crime committed by the defendant. The Victim Impact Statement will also be submitted to the Parole Board if the defendant is committed to the penitentiary. A copy of the Victim Impact Statement may be provided to the defendant.

SENTENCING After the defendant has entered a plea or been found guilty by a jury, the circuit judge sets a final sentencing hearing. The hearing is usually held within 30 days. Prior to imposing a sentence, the judge will consider a Pre-sentencing Investigation and a Victim Impact Statement.

COURT PERSONNEL DEFINED

JURY: The jury listens to the evidence and decides if the defendant is guilty or not guilty beyond a reasonable doubt.

GRAND JURY: The grand jury is made up of twelve citizens; nine of who must vote for indictment or the case must be dismissed.

WITNESS: Witnesses tell the judge and jury what they know about the case. It may be something that they have seen, heard, or some fact that they have uncovered. Witnesses usually include police officers, defendant, victim, doctors, therapists, and parents.

PROSECUTING ATTORNEY: The prosecutor presents evidence to prove that the charges against the defendant are true.

DEFENSE ATTORNEY: The defense attorney defends the person who has been accused of committing a crime. They may present evidence that creates questions about the evidence presented by the prosecutor.

DEFENDANT: The defendant is the person that is accused of doing something that is illegal.

BAILIFF: The bailiff keeps order and helps the judge, guarding and maintaining order in the courtroom.

CLERK: The clerk keeps papers and documents in order for the judge. The clerk acts much like a secretary.

SUPPORT PEOPLE: Support people are all the people in the courtroom who have come to encourage the victim why their case is being heard. This group of people includes the victim's advocate, family and friends.

RAPE CRISIS ADVOCATE: Accompanies clients to court and is there to support them emotionally, to help them talk through their options, and to provide any additional support the client may need. They are not lawyers nor are they there to give legal advice.

PROSECUTOR-BASED ADVOCATE: Works with prosecutors to help the victim understand the process and the prosecutor's needs and goals. During the prosecution process, a prosecuting attorney's victim advocate provides the following direct services:

1. Notifying the victim or their family by telephone and/or letter of the status of the case.
2. Aiding eligible victims in seeking compensation for injuries and loss of wages suffered as a result of criminal acts.
3. Making social service and/or community agency referrals either at the request of the police or prosecution.
4. Providing courtroom escort for the victims and their families during court appearances.
5. Providing orientation and education to victims regarding courtroom procedures.