Cleveland Rape Crisis Center offers Justice System Advocates (JSAs) to support survivors throughout the entire criminal justice process. Advocates are available 24 hours a day and can be requested by calling the CRCC Hotline at 216-619-6192.
Deciding Whether or Not to File a Police Report
The decision to prosecute or not file a police report can be a difficult and very personal decision that survivors must make. There are valid reasons for both sides of the issue and may include the following:
File a Report:
- Filing a report might help the survivor feel empowered
- The offender might be punished for his/her crime
- To help ensure the safety of others – if the offender goes to prison, this might keep him/her from assaulting someone else
Not to File a Report:
- The legal process can be long and emotionally difficult
- The offender might be a loved one or friend whom the survivor does not want to see hurt
- The survivor, family, or friends might feel threatened by the offender
Criminal cases in Cuyahoga County usually follow this procedure:
Initial Police Report
The location where the crime occurred determines what police department you need to call. For example, if the assault occurred in Beachwood, you should call Beachwood Police Department. If the assault occurred in the City of Cleveland, you may got to any of the five districts to make the initial report.
A uniformed officer will either come to the survivor’s home or meet the survivor at the hospital. The survivor may also go to the police department in the jurisdiction where the assault occurred. The questions asked during the initial report are basic in nature, and include the survivor’s contact information, a description of the suspect and some details about the assault.
Interview/Statement with a Detective
The police report is forwarded to a detective who will contact the survivor to set up an appointment for an interview. The detective will ask very detailed and specific questions about the assault. The survivor will be asked for a detailed account of all the perpetrator’s actions as this determines how many counts of crime were performed during the assault. The interview can be emotionally difficult, but is arguably the most important piece of evidence that the prosecution will use should the survivor decide to prosecute.
Investigation
The detective will question witnesses, attempt to question the suspect and may gather evidence from the scene of the crime in order to build a case against the suspect. The results of the investigation will then be given to a municipal prosecutor who may take one of the following steps:
- issue a warrant for the suspect’s arrest
- order the detective to continue the investigation
- determine that the case will be heard by the grand jury
- dismiss the case due to lack of physical or corroborating evidence (this is not an indication that the rape was the survivor’s fault or that the rape did not occur, rather, additional evidence to support their statement could not be found).
Grand Jury
Grand jury is a closed hearing is held at which the detective, and sometimes the survivor, must testify. The perpetrator does not know about this hearing and there is no defense attorney present or cross-examination of the witnesses. If the survivor is asked to testify, s/he must answer the prosecutor and jury’s questions honestly and to the best of her/his ability. If the grand jury determines probable cause, then a true bill will be issued for the case.
Arraignment
This is a short hearing at which the grand jury indictment will be read to the defendant and the defendant will enter a plea of guilty or not guilty to the charges. The defendant will be advised of her/his rights, have a bond set and an attorney may be appointed if the defendant is considered indigent. A judge and prosecutor are also assigned to the case at this time, and a No Contact Order is issued by the Judge. Finally, the judge will order that the defendant submit to an HIV test. Results of this test are made available to the survivor at the Cuyahoga County Witness/Victim Service Center (WVSC). The survivor should receive a letter in the mail from WVSC when the test results are in. WVSC can be reached at 216-443-7345.
Pre-Trial
Before the trial, there may be several pre-trial meetings or hearings. The defense attorney and the prosecutor will meet before a judge to enter motions regarding sharing of evidence or to determine if a plea bargain can be negotiated to avoid going to trial. A plea bargain is a mutual agreement between both sides: the defendant agrees that s/he is guilty of a crime, and the prosecution feels that the crime agreed upon is an adequate description with a fitting punishment. The survivor and survivor’s family have the right to be consulted before any plea bargains are made.
In general, the survivor does not have to be present at the pre-trials. A survivor may be asked to come to a meeting with the prosecutor during the pre-trial phase in order to prepare the survivor for trial.
Trial
The defendant is able to decide if the trial is heard by a judge (a bench trial) or in front of a jury. If a jury trial is requested, jury selection will take place the first day the trial. The survivor is not present for jury selection. The prosecution always presents their case against the defense first. Defense has an opportunity to cross-examine each of the prosecution’s witnesses. The defense may then present its case and the prosecution gets a chance to cross-examine each of defense’s witnesses.
Sentencing
If the judge or jury determines that the defendant is guilty or if the defendant pleads guilty to a plea bargain, a sentencing hearing will be scheduled. If the survivor wishes, the survivor may give a Victim Impact Statement (VIS) at the sentencing hearing. The VIS is a written or oral statement to the judge that describes the physical, emotional and financial effects of the assault on the survivor as well as what the survivor would like to see happen as far as sentencing is concerned. Other family members or friends may be able to give a statement as well.
