The Reporting Process: My Experience

The Reporting Process:
My Experience

I wanted to include some information on my experience of reporting the incest. This is only my experience! The process will vary by location and situation. I felt, however, that my experience could be beneficial for anyone thinking of getting involved with a legal process. I know that I wanted some information on the process before I decided to report and I had a very difficult time finding anyone's experience.

I do want to caution anyone coming to this page: Everyone's healing journey is different. Legal action may not be for everyone. I recommend you do what you need to do for YOU, not based on what others think you should do! Please keep this in mind and take care of yourself!

How I Came To The Decision To Report And Why

The Actual Reporting

The Investigation

The Formulation of Charges

The Bond Amount Set

Sentencing

I spent many therapy sessions, sleepless nights, and phone calls trying to make the decision of whether or not I should report the abuse to the authorities. I had several options: not to report the abuse at all, pursue the case criminally, or pursue the case civilly. I could have pursued the case both civilly and criminally at the same time, but I made the decision to only seek criminal action. Seeking civil action could have possibly awarded me monetary damages, but I would have had to obtain the services of a lawyer and that was not the reason I wanted to seek legal action against my step-father.

No matter what decision you make if you are trying to decide, do it for you. Regardless of what you decide, it's perfectly OK!! The decision to report or not should be based on what is right for you at that particular point in your healing journey. You may never report. You may make the decision to not report right now. Just please enter into the process with as much information as you can obtain. Be aware that there may be people along the way who won't believe you. Believe in yourself!!!!! The entire process could also end with the perpetrator being found not guilty. Hopefully this will not be the case, but you need to prepare and be aware of these sad facts.

In my situation, the abuse ended seven years prior and I wasn't sure if I could even legally still report criminally. This is called the 'statute of limitations' and it varies greatly per state. In my state, I had the option of still reporting until I turned 31 years of age. Some states are trying to pass laws so that the statue of limitations on sexual abuse cases never runs out. A lot of the ability to report depends on whether or not the full extent of the abuse was realized or if there were any repressed memories. The District Attorney is the person that decides if the case can proceed (I will talk about that later)

I decided that it was right for me to report, partially because my step-father was still teaching gradeschool children. No other allegations of sexual abuse had been made against him, but I couldn't be sure no other children were being hurt. It also felt right at that time in my healing process. I wanted my step-father to know that what he did was wrong and the blame to be placed where it belonged. I was tired of the silence.

If you decide to proceed with the reporting process, please make sure you have the necessary support in place. Find out everything you can about the process in your area. Also read on about my journey.

The next step is to go back to the county or area where the abuse happened and report to an investigator with that county's sheriff's department. In my particular situation, the abuse happened in two separate counties. I went to the county where the abuse happened first. Most law enforcement agencies will direct you to the proper place and help with the entire process.

I phoned the sheriff's department in that particular county and asked for an investigator that deals with sexual abuse of children. You can usually obtain names of investigators from social services, shelters, victim programs, psychotherapists, district attorneys, etc. I set up a time to come to the sheriff's department and speak with the investigator.

He interviewed me in a private room at the sheriff's department. The interview was taped recorded. This actual process, I'm sure will vary greatly per each department. I just basically told the investigator everything about the abuse that I could remember. He then asked me some specific questions to aid in the investigation. He also asked me about any other evidence I had about the abuse. I didn't tell anyone while the abuse was occurring, but I did have some medical reports and a previous police report that may have been helpful.

This part can obviously be very traumatic. Make sure you have the necessary support and are ready to speak, in detail, about your abuse. Some very invasive questions will be asked. Do whatever you need to do to feel safe and comfortable. If that means taking breaks during the interview, then do so! Also be aware that not all investigators are properly trained to handle abuse victims. They may seem very cold and unfeeling. It is there job to find the truth. Hopefully they will be supportive towards you in that process, but not always! Just be careful!

After the investigator was fininshed with me, he explained a little about the next steps of the process. He had to contact my step-father, as well as my mother to interview them. This part of the investigation took several weeks. The investigator then called me to let me know the results of the interviews. To no surprise, my step-father denied the allegations, as did my mother. He was not taken into custody right then and there. (This has to do with if he/she admitted the abuse and the amount of time that had passed since the abuse.)(If there was immediate danger to a minor, a different set of actions would have been taken.)

I had never repressed anything that ever happened to me, so my recollection of events was quite detailed and specific. This did help my case. The investigator then turned over everything he obtained to that county's District Attorney, or Assistant District Attorney.

Be aware, if others are invovled, the investigator may interview those people as well. They may talk to teachers, friends, other relatives, etc. The officer may also check out medical records or other reports that will aid in your story. Again, remember, the officer is there to find the truth. All things can be used to aid the officer's investigation if he/she thinks it will help.

After the officer formally investigates and writes up his/her report, they will turn it over to the District Attorney or Assistant District Attorney. The District Attorney will then look over everything and decide whether or not to proceed with the case based upon the information obtained in the investigation. The District Attorney then decides how many and what charges to file. This depends entirely on your state and particular situation. In my case, the abuse happened for seven years straight, so it was difficult to sort out the various charges. Also, only two years of the abuse happend in the particular county I was reporting in. The Assistant District Attorney decided to file nine counts of second degree sexual assault against a child. My step-father was then notified of the charges.

The laws can be very confusing and difficult to understand. If something isn't clear to you, stop and ask! You should be well informed of your choices and what your perpetrator can be charged with. Also, know that once the charges are filed by the District Attorney's office, the proceedings are all public. In my case, the local newspaper reported the entire thing. There may be exceptions to the rule, but be prepared. I did ask that my name not be used and the newspapers did respect that fact.

My step-father then obtained a defense attorney and appeared in court for bond to be set. He was released on what is referred to as a signature bond. Basically this is just a piece of paper that says he will show up to court when requested. Usually, in my area, in felony cases, the defendent will have to put up money to be released, but because of the length of time that had elapsed since the abuse happened, it was deemed unnecessary to have monetary bail. There was also a provision added that he have no contact with me during this entire process.

You will usually not have to appear in court for this process. Again, this may vary. You will also be put in contact with a person that is called the victim-witness coordinator. They are your contact with the legal process. They will also inform you of what is happening in the entire process.

The initial court appearance is the time where the defendent enters a plea. In my situation, there was an option of four pleas: not guilty, no contest, guilty, and the Alfred Johnson plea. My step-father entered pleas of not guility on all nine counts.

I was not required to be present, but the victim-witness coordinator notified me of the results.

During this time, I also decided to pursue charges in the other county that the abuse happened in. I had the one county where the investigation was done in, notify the other county.

I want to really caution anyone pursuing in more than one county. Find out the repuation of each county for prosecuting sexual abuse cases. Proceed carefully! You may end up going through two of every step. One in each county. Some areas may be able to consolidate charges, but not always. I was told both of my counties would consolidate, but then didn't. There was the possibility of me facing two county's procedures. I also did not have a positive experience with the law enforcement in the second county. The District Attorney's office has also been very lazy in pursuing the charges. This has been extremely taxing and difficult. I truly regret pursuing in both counties, but once you proceed, it is out of your hands!!!!!! This part of the process has been revictimizing for me. Hopefully, if you pursue in more than one area, your process will not be so difficult. I just really want survivors to be aware of what CAN happen and try to avoid being traumatized any more than they were.

The Initial Court Appearance

During this court appearance probable cause is reviewed. In other words, what are the facts of the case and is there enough evidence to proceed with the trial. In my situation, the defense agreed to wave the preliminary hearing. I was given a subpoena and required to appear, although I didn't end up testifying.

Usually the subpoena is served in person by an officer at your home, so just be aware.

This was my first appearance in court. It was the first time I had to face my step-father in the seven years since the abuse had ended. My mother also was there to support my step-father, whom she is still married to. This was especially difficult.

Make sure you have someone supportive to go to court with you. If you don't have a significant other, friend, or family member that can go, check around your area for victim services. Often times they will send someone to appear with you. Please take the time to be supported during this process. It can be very difficult and scary, so it's important to feel safe and supported.

In my situation, there were several other people in the courtroom. There was the judge, my step-father with his attorney, my mother, the Assistant District Attorney, the victim-witness coordinator, my husband, and four newspaper reporters. There also may be others from the community. Usually any court procedure is open to the public.

Also, as my step-father was leaving the courtroom, he turned to me and said "I'm Sorry." This was against his no contact order and I proceeded to file additional charges against him for bail jumping. The District Attorney still has not decided what to do about it yet, but theoritically he could be arrested and sent to jail.

The Preliminary Hearing

The first status conference resulted in the defense requesting an extension because of the problems with the process in the second county. There was a second status conference set up for a later date. At this point the defense had to decide whether or not they were going to change their plea or go to a jury trial.

The Status Conference

This is the time when the case is heard by a group of people (the jury) from the community. My case did not have to go this far. My step-father agreed to plead no contest to some of the charges, so the next step for me was the pre-sentencing investigation and sentencing.

If your case does go to a jury trial, there will usually be nine or twelve people on the jury. You will be called to testify and tell your story on the stand. You will also be questioned by both the prosecutor and defense attorney's. Various people will be called to testify and depending on the severity or number of witnesses, the trial can last anywhere from 1 day to a week. Once all of the testimony has been given, the attorney's will give their closing arguements and the judge will then instruct the jury. The jury will then leave the courtroom and go to another room to deliberate or decide. The jury will then tell the judge what they decided (guilty or not guilty on each of the counts) Usually, a date will then be set for sentencing if found guilty.

The Jury Trial

This happens after the defendent has been found guilty and before the actual sentencing. This is something that has to be requested and won't happen in all cases. In my area, it is done by the Department of Corrections and encompasses the perpetrators background and life. It also may include information on the victim, as well. About two weeks after my step-father pleaded no contest, I was contacted by a gentleman from the Department of Corrections. He asked me a few questions about my experience and wanted to know if I had anything to add. I had written about my abuse pretty extensively, so the Corrections person already had a pretty good idea about what happened to me. I also had the opportunity to find out some information that my step-father provided during his interview. I was informed about my step-father's version of the events that occurred and found out a little bit about what would happen at sentencing and beyond.

This interview was quite difficult for me. My step-father admitted to some of the acts that he did to me in his statement to the Department of Corrections. He also submitted to an evaluation by a psychologist and psychiatrist where he also admitted to many of the horrible events. I also found out that he requested letters on his behalf be written and submitted for review by the judge before sentencing. Many of these letters were his fellow teachers and had taught me when I was in grade school. I was also told that my mother would make a statement in court on his behalf. I did find out that my mother and step-father, in the past year, had reconciled their marriage and were in fact committed, once again to each other.

The impact of this step on you will be an individual thing. It may or may not be as indepth as mine was. It is still an extremely good idea to have a lot of support duing this time. Many difficult emotions may arise and you will need someone caring to express those feelings with. Just remember, whatever you are feeling, that IT IS OK!!!!!!

The Pre-Sentence Investigation

This will be done last, by the judge. I have already prepared what is called the

"victim impact statement" (if you'd like information on this, please email me)

which just basically states how the abuse has affected my life. I turned this into the District Atttorney's office, who then gave it to the judge. I also turned in a

"restitution statement" (if you'd like information on this, please email me)

which states all the the out-of-pocket expenses I have incurred because of my abuse and the court proceedings. I can include lost wages, hotel costs, medical expenses not covered by insurance, etc. I cannot get any money for pain and/or suffereing. I would have had to obtain a lawyer and prosecute my step-father civilly for that, which I chose not to do. The final item that I prepared for court, was

"my statement" (if you'd like information on this, please email me)

which I read to everyone in court on the day of the sentencing. This is very similar to my vicitim impact statement, but it is more directed to my step-father and mother. It was my way of confronting both of them and putting a little closure to my experiences.

The District Attorney then argued on my behalf. The Defense then had their opportunity to recommend what they thought the sentence should be. My step-father also read his statement during this time. Several letters in support of my step-father were also submitted. Many of these letters were teachers, community members, and family friends. It was horrifying to hear what some of these people thought and felt. I just remember though, not everyone supports my step-father and he was seen, during the sentencing, for what he really is.

The judge then decided on my step-father's sentence. He received 7 years in state prison. Because the abuse happened before the "truth-in-sentencing" law, he will come up for parole after 3 years. He must demonstrate to the parole board that he has taken the maditory therapeutic classes and could possibly have to serve another 7 years if his parole gets denied. He will also be on mandatory probation for 10 years after being released and must register as a sexual offender for life and can no longer have any contact with children or myself. I also made sure, through the Department of Public Instruction (DPI), that his teaching license has been revoked.

He was taken away right after the sentencing in handcuffs to the Sheriff's Department. He will be held locallly until they have an opening at one of the state facilities. My mother stayed with him until he was escorted out of the courtroom and she never once looked back at me.

This was the most emotional part of the entire process. It was difficult for me to face my step-father and mother and tell others the extent to which I am still affected by the abuse. I had several people there for emotional support, which helped a great deal.

If you are wondering what to include in the "victim impact statement", like I was, you can search on the internet or ask your local prosecuting agency for specifics. I included a little background on what happened and mostly how I am affected today. I talk a little about being diagnosed with anxiety disorder and PTSD, both common to survivors of sexual abuse. I also put some information on why I chose to prosecute and what I wish to see the defendent get as punishment. My main goal was to keep my step-father from ever being able to teach anywhere again. I also wanted him to have to register as a sexual offender. Again, these things will vary in your area.

Depending on what occurred, when and where, the sentence will vary greatly. This process is DIFFICULT, no matter what! It has certainly taken a toll on my emotional and physical well-being. I am very lucky that I had a wonderful husband and therapist that has supported me thoughout this entire ordeal. I can't stress enough the importance of being supported during the entire court process.

After the Sentencing

As I stated before, this has been my experience. It was destined to be part of my healing journey. Hopefully this information has been helpful to anyone who is curious about the legal process. I don't regret reporting, but there have been aspects that have certainly been re-traumatizing to me. I am still healing. Although the legal part is finished for me, there are many painful aspects that I am still dealing with.

If you would like to talk to me for support or questions or to tell me your story, please email me. I enjoy having contact with other concerned individuals and survivors.

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