What happens when a rape and sexual assault case goes to trial
Support for you all the way through the trial process
The Crown Prosecution Service (CPS) is an organisation responsible for deciding which cases should be taken to trial in court. It is separate from the police and from government.
If the CPS decides that there is enough evidence to take your case to court, we'll support you right the way through the process.
You can also get support from an Independent Sexual Violence Advisor (ISVA) or other witness support services.
Support for rape and sexual assault
Victim and witness support organisations
How long it takes
It varies so we can't tell you a definite timescale, but there can be a long gap between deciding to take a case to court and the trial happening.
Going to court
If a suspect is charged and pleads ‘not guilty’ it's very likely that you will be asked to give evidence in court.
Special measures to help you in court
You can ask for 'special measures' to make going to court easier for you. These include:
- having your pre-recorded 'Achieving Best Evidence' video statement played in court instead of you repeating it in person
- giving evidence from behind a screen or by a live link from another room or somewhere else remotely
- giving evidence in private, with no press or public allowed in the courtroom
If you want, you'll be able to visit the court before the trial to have a look around and have the court process explained to you.
Anonymity in court
Courts are open to the public, and journalists could be there to report on the case.
But it's against the law for anyone, including journalists, to publish your name or any details that might identify you, including on social media.
This is because people who report sexual offences to the police are automatically given the right to not be named publicly for their whole lives.
After the trial
After the trial, the defendant could be found guilty or not guilty.
If they're found guilty, they may be given a sentence by the court. The court can order different types of punishment. This might be a prison sentence, but not all offenders are sent to prison.
Anyone found guilty of rape will usually be sent to prison. But depending on what happened, the punishment for sexual assault could be a community order, which might including doing unpaid work, having a curfew, or being banned from doing certain things.
More about what happens after a trial, including information on appealing the sentence, the Victim Contact Scheme, restorative justice, making a complaint and compensation.