What to Expect at a Criminal Trial

When a case against an alleged perpetrator goes to trial in criminal court, the victim is often asked to testify. The idea of testifying may feel overwhelming or intimidating for some survivors of sexual violence. Everyone responds differently to sharing their experience publicly, and testifying in court is no exception. Learning more about the process and what support is available can help you feel more comfortable and prepared. Keep in mind that civil trials have different procedures than criminal ones. If you are involved in a civil trial please be sure to talk to your lawyer about any questions you may have.

Know your rights

You are considered a victim of a crime if you have suffered harm of any kind, including physical, mental or emotional harm or economic harm, as a result of an act considered a crime under applicable national law. Victims of a crime are also family members of a person who died as a result of a crime and who suffered damages as a result of that person's death.

As a crime victim, the law gives you certain rights before, during and after the criminal process. These rights will be made available to you in a report, by a police officer, prosecutor or judge. Ask for any clarification you need. Read each right carefully and ask for your rights.

The phases of the criminal process in Romania are: the criminal investigation, the preliminary chamber, the trial and the execution of the final criminal decisions. During the criminal investigation, the criminal investigation bodies, under the supervision of the prosecutor, investigate the case, collect evidence for the purpose of identifying the perpetrator and proving his/her guilt/innocence. At the end of the criminal investigation, the prosecutor decides whether it goes to the trial phase or whether the file is closed.

Once the case comes before the court, the panel of judges examines the facts and hears the people involved to determine the guilt of the defendant. Once guilt is established, the perpetrator receives a punishment. If the court finds the defendant not guilty, then he is acquitted.

Click on the links below to find the information you need:

• My rights as a victim of crime;
• Reporting a crime and my rights during the investigation or trial;
• My rights after trial;
• Compensation;
• My rights to support and assistance.

Source: e-justice.europa.eu/171/EN/victims__rights__by_country?ROMANIA&init=true

Find the support that works for you

Going through a criminal trial can be a challenging experience for anyone. There are resources available that can help you find the support you need.

• Support from someone you know. Most often a loved one or friend is allowed to be present during the procedures. This may help you feel more comfortable during the hearing and trial processes.
• Support from a trained advocate. The Association for Victims of Sexual Crimes can provide you with an advocate to support you during the trial or resources to make the process less intimidating
• Compensation from Romanian Government. Law no. 211/2004 contains such provisions. Get in touch with a lawyer to start all the procedures to obtain these financial compensations.

Who will I be talking to?

When you are asked to give evidence during a trial, you are asked to answer questions from the police officer, the prosecutor or the lawyer if the case is in the prosecution phase. If the case has gone to court, the judge will ask you questions, and so will your lawyer, but also the aggressor's lawyer. It can help to understand each person's role in the courtroom.

• Defense attorney. This lawyer represents the alleged perpetrator. It can feel like this person is „against“ you at times, but it’s important to remember they are simply performing their job. If you can, try not to take their words or tone personally. They will ask you questions during the part of the trial known as „cross examination“, which occurs after the direct examination.
• Prosecuting attorney. This represents the state in the case against the alleged perpetrator, also referred to as „the defendant“. They are also responsible for arguing why the court should convict the defendant and to protect the interests of the victim. While the prosecutor is often on your „side“, it’s important to remember that they are not your lawyer. Prosecutors have a duty to the general public, the state, and the laws that the perpetrator violated - not necessarily to your personal interests. The prosecutor will ask you questions during the hearing.
• Your role as a witness. During the criminal investigation phase, you will be able to be heard as a witness, either by the police officer or by the prosecutor. Your role in court is to answer all the questions that the lawyers or the judge will ask you. Sometimes it can seem intimidating.

Courtroom logistics

Before you arrive to court proceedings, there are some logistics you may want to consider.

• Check to see if there is a safe, quiet place to wait within the courthouse. In some states, they have designated victim/witness waiting areas.
• You are considered a witness in the trial, and it’s possible that you will not be allowed in the courtroom until a specific time. This could lead to long waiting periods. Pack water, a snack, and something to keep you occupied, like a book or music.
• Discuss any safety concerns you may have with the legal professionals representing you. They may be able to arrange protective measures like a police escort or a no-contact order.
• Some higher profile cases may catch the attention of the media and social media users. It’s possible that there may be harmful or negative comments made by people who are not informed about the case. It can be difficult to ignore these comments, but it’s important to focus on controlling what you can. Remember to practice good self-care during this time.
• Be wary of posting on social media during the trial, as anything you post could be used against you. Talk to a victim advocate or the prosecuting attorney about what you can and cannot say on social media to be sure it doesn’t impact the case in any way.

Tips for taking the stand

It can be nerve-racking to speak in public, as well as in a courtroom. It’s important to discuss concerns you might have with the legal professionals who are representing you and supporting your interests. The following tips can help you stay focused and calm throughout your testimony:

• Ask the judge to give the statement in the absence of the aggressor and his supporters, when you give the statement in court.
• Allow yourself to take brief pauses. If at any time you're feeling overwhelmed, ask the judge or lawyer for a short break.
• Stay hydrated. Bring a water bottle and take sips of water throughout.
• If you feel yourself getting angry or frustrated, take a moment to pause.
• Keep your eyes focused on the person asking you questions, rather than looking at the perpetrator or their supporters, if you are in court.
• Always tell the truth. If you don’t remember something exactly, it’s important to say so. If you say something you didn’t mean to, or you think something came across in a way you didn’t intend, you can clarify your statement. Ask the judge, „May I go back to something I previously said?“.
• Answer the questions – and nothing more. Don’t volunteer additional information unless you are asked.
• If you don’t understand a question, say so. You can always ask the attorneys to repeat or rephrase a question so you can better understand it.
• Every trial is different. If you have specific questions about testifying, check in with a victim advocate or the prosecuting attorney.

After the trial

The end of a trial may bring a sense of relief, or it may not offer the closure you were expecting. Keep in mind that your testimony and participation is often critical to building a case against a perpetrator, but it is only one aspect of all the information that is considered by a judge or jury.

After hearing from the witnesses and the attorneys, the judge will set a day and time to announce the sentence in what is called the sentencing hearing. These hearings can be held the same day the trial ends, or it can be days, weeks, even months later. You don’t have to attend if you don’t want to. If a judge and/or jury find the defendant not guilty or issue a punishment you feel is not reflective of the crime, it may be difficult to hear. If the alleged perpetrator is acquitted, it does not mean that person is innocent or that the jury doesn’t believe your story. Rather, it means there isn’t enough evidence to make either decision beyond a reasonable doubt.

Legal Disclaimer

The Association for Victims of Sexual Crimes website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. The Association for Victims of Sexual Crimes does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

If you want to talk about sexual violence with a professional ready to help, send an email to: help@asistentavictime.ro