What to Expect if you are Raped in Jamaica

REPORTING STAGE

1. Go directly to the nearest police station and make an honest report there.


2. Give the police a brief report of the incident - state whether or not you knew the assailant - provide a detailed description of the assailant - state the location of the attack - whether or not the assailant was armed - if yes, what with.


3. In the perfect world, the police should delay recording the victim's statement at the time of the report. Please insist on being taken to the doctor first. The report can be taken as soon as you are emotionally able to do so.


4. The police must escort you to the hospital.


5. Pursuant to JCJ Force Orders: No police officer must instruct you to return the following day!

MEDICAL EXAMINATION STAGE

1. A vaginal examination will be conducted.


2. Vaginal swabs and smears will be taken from the victim. This is not a painful procedure.


3. If anal sex was involved please inform the doctor. The doctor will take a swab also.


4. IF you were struck by your assailant please inform the doctor where you received the blow.


5. Ensure the doctor records all injuries you received during the incident.


6. If you used your fingernails to scratch the assailant, fingernail clippings are to be taken from you for DNA analysis.


7. Please ensure that the Doctor takes an oral swab or blood sample for DNA analysis. This helps to eliminate future delays in prosecutions in the event a mixed DNA result is found in samples taken from the vagina or anus as the case maybe. The oral swab is will usually have the victim's DNA only (in rare cases where the assailant ejaculates in the victim's mouth during forced oral sex it is possible to find a mixture). By providing your DNA from the outset you will not be required to attend upon the Forensic Lab at a later stage and the Lab will be able to process all the DNA samples and prepare the certificates more efficiently.

GIVING YOUR STATEMENT

1. PLEASE DO NOT LIE


2. Try to recall the events in sequential order as you repeat them to the police.


3. The police officer must write down your account of the incident verbatim ...


4. Give the police a detailed description of the assailant.


5. State whether you knew the assailant before and for how long.


6. State how you were able to see his face and the length of time you observed his face for. If there were multiple assailants try to give a detailed description of each and the length of time you observed each assailant for.


7. If a gun was used please describe the gun - colour, make, shape etc.


8. The police can and ought to ask questions to clarify your account but should never dictate to you what to say.


9. Having written your statement, the police officer must read it back to you.


10. If there are any errors or if the statement has been recorded out of sequence or you recall something else please feel free to invite the officer to correct it. Be prepared to expect poor grammar - correct it. The statement must clearly reflect the words of the victim not the police!


11. You must sign all pages of the statement and the certificates. Initial all corrections.


12. Feel free to request a copy. You are entitled to it but please bear in mind that most police stations may not have photocopy facilites - you may renew your request at court.

IDENTIFICATION PARADE

1. Where the assailant is unknown to the victim or the victim knew the assailant by an alias an identification parade will be held to confirm the identity of the assailant.


2. The arresting officer will contact you to advise you of the date of the identification parade.


3. The police officer MUST NOT ASSIST you in identifying the accused, if he tries to please politely inform him that it is highly irregular.


4. When you enter the identification parade room, most of which are equipped with one way mirrors you will see the prisoners standing against a wall with bold numbers above their heads. An attorney will be on the same side of the the mirror as you are and a Sgt will be in an enclosed area.


5. You will be asked by the Sergeant "why are you here?" - simply state the reason for your presence e.g. "To identify the person who ..."


6. Please limit your comments while in the room everything you say and do is noted by the Sgt and counsel.


7. The Sgt will instruct you to walk along the line and if you see your assailant indicate the number underwhich he is standing loudly.


8. As you walk along the line - look at the men and try to remember your assailant.


9. If you see your assailant on the parade at number three don't do anything to give the impression you doubt your accuracy instead call his number promptly.


10. You may ask the persons on parade to speak, walk or anything peculiar your assailant did. If you recall his voice please ask the men to repeat the words he spoke at the time of the incident.


11. If you positively identify your assailant a further statement will be rcorded from you.

COURT PROCEEDINGS

1. The matter will be mentioned in the Resident Magistrate's Court for the parish in which the offence is committed.


2. Ask the police for the first court date and be sure to attend on that date.


3. The names of rape victims are not shouted out in the precincts of the court so find the investigating officer in your case or the Clerk of the Court. If you wish to speak to the Clerk of the Court you must do so before 10am.
4. You will thereafter you will not be required to attend court until the file is completed and the matter is scheduled for a preliminary examination or if the Resident Magistrate orders otherwise.

PRELIMINARY EXAMINATION

1. Unless the Director of Public Prosecution enters a Nolle Prosequi for the matter to commence de novo in the Circuit Court, a Preliminary Examination will be held.
2. This is merely an enquiry to determine whether or not there is a case to send to the Circuit Court for trial.
3. The Resident Magistrate will listen to and record the evidence of the complainant and all the prosecution's witnesses.
4. Everything you say will be taken down in writing so please speak slowly, audibly and clearly.
5. You will be asked questions by the Clerk of the Court and then the accused man's attorney will cross examine you.
6. In giving your evidence listen carefully to the questions asked and answer the question asked!!
7. Avoid arguing with the accused man's attorney ... he or she is just doing their job and being argumentative DOES NOT assist your case.
8. The Resident Magistrate will read back your evidence to you. If there are any errors please inform the Magistrate.
9. Once the notes of evidence are recorded to your satisfaction you will be required to sign each page.
10. This is not the end of the case. If the Resident Magistrate finds there is a case to be answered the matter will be committed tot he Circuit Court for trial.

CIRCUIT COURT

1. Maintain contact with the police officer in your matter.
2. If you have reason to believe the police officer is "unreliable" and you have not be informed when to attend Circuit Court please contact either the Clerk of the Court or the Director of Public Prosecutions Department (922-6321-5). In order to be assisted you must have the name of the accused. The Clerk's office will probably need the last court date.
3. Attend court on the first day of Circuit Court.
4. You will be given your next court date and informed whether or not your attendance is required.
5. Remember is ANY judge tells you to return to court, you MUST otherwise a warrant will be ordered for your arrest.
6. On the day of trial the jury will be empanelled. You are allowed to tell the prosecutor whether there are any persons on the panel you think may return a perverse verdict.
7. You will again be required to give evidence.
8. While in the precincts of the court please refrain from discussing the case with strangers or at such a volume that potential jurors may hear.