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Lawyers Manual - Unified Court System

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When Domestic Violence Victims Are Sexually Assaulted 187<br />

prosecution of the rape. Prosecuting her abuser may be one way to keep her<br />

safe. She may be granted an exclusionary order of protection at the time of his<br />

arraignment. A conviction may effectively convey the message that he cannot<br />

get away with harming her or forcing her to live in fear. Ultimately, putting him<br />

behind bars may be the best means of keeping her abuser away from her.<br />

If your client does want to proceed with the prosecution, you should prepare<br />

her for the difficulties that may lie ahead. As the complaining witness in a rape<br />

case, her credibility will be at issue. You should warn her that if the case goes to<br />

trial, her word will be questioned, her character will be attacked, she may be<br />

called a liar, and the defense may label her crazy, hysterical, vengeful, or mentally<br />

disturbed. You should also tell her that what she is doing is important and that<br />

you will support her.<br />

If your client’s case is prosecuted, you and she will no longer be in control<br />

of the proceedings. Choices about strategy and the ultimate resolution of the case<br />

will be in the hands of the prosecutor, whose perspective and responsibilities are<br />

different from yours. However, you can and should stay involved as an advocate<br />

for your client. You should be in touch with the assistant district attorney, keep<br />

abreast of the status of the case, and let the prosecutor know what you and your<br />

client think about possible plea bargains and sentences. You should keep track<br />

of any orders of protection issued by the criminal court, and you should know if<br />

your client’s abuser is in jail or likely to be released. You should make sure that<br />

the strategies in civil proceedings complement those of the prosecution and that<br />

allegations used in different forums are consistent. Since you probably know the<br />

victim well, you may be able to provide details about non-sexual abuse and help<br />

the prosecutor understand the danger the defendant poses to your client.<br />

Prosecuting Cases of Intimate Partner Sexual Abuse<br />

When the defendant in a sexual assault case is an intimate partner, prosecutors<br />

face all of the difficulties of prosecuting domestic violence and all of the difficulties<br />

of prosecuting non-stranger rape. Each alone is substantial, and together they<br />

make for formidable challenges.<br />

Reluctance of Victims to Testify<br />

The first challenge prosecutors confront is the reluctance of most victims to<br />

proceed with a criminal case. Like other domestic violence victims, a victim of<br />

intimate partner sexual assault may be bound to the defendant by feelings of

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