Lawyers Manual - Unified Court System

When Domestic Violence Victims Are Sexually Assaulted 187
prosecution of the rape. Prosecuting her abuser may be one way to keep her
safe. She may be granted an exclusionary order of protection at the time of his
arraignment. A conviction may effectively convey the message that he cannot
get away with harming her or forcing her to live in fear. Ultimately, putting him
behind bars may be the best means of keeping her abuser away from her.
If your client does want to proceed with the prosecution, you should prepare
her for the difficulties that may lie ahead. As the complaining witness in a rape
case, her credibility will be at issue. You should warn her that if the case goes to
trial, her word will be questioned, her character will be attacked, she may be
called a liar, and the defense may label her crazy, hysterical, vengeful, or mentally
disturbed. You should also tell her that what she is doing is important and that
you will support her.
If your client’s case is prosecuted, you and she will no longer be in control
of the proceedings. Choices about strategy and the ultimate resolution of the case
will be in the hands of the prosecutor, whose perspective and responsibilities are
different from yours. However, you can and should stay involved as an advocate
for your client. You should be in touch with the assistant district attorney, keep
abreast of the status of the case, and let the prosecutor know what you and your
client think about possible plea bargains and sentences. You should keep track
of any orders of protection issued by the criminal court, and you should know if
your client’s abuser is in jail or likely to be released. You should make sure that
the strategies in civil proceedings complement those of the prosecution and that
allegations used in different forums are consistent. Since you probably know the
victim well, you may be able to provide details about non-sexual abuse and help
the prosecutor understand the danger the defendant poses to your client.
Prosecuting Cases of Intimate Partner Sexual Abuse
When the defendant in a sexual assault case is an intimate partner, prosecutors
face all of the difficulties of prosecuting domestic violence and all of the difficulties
of prosecuting non-stranger rape. Each alone is substantial, and together they
make for formidable challenges.
Reluctance of Victims to Testify
The first challenge prosecutors confront is the reluctance of most victims to
proceed with a criminal case. Like other domestic violence victims, a victim of
intimate partner sexual assault may be bound to the defendant by feelings of