You are a survivor, and you’ve found yourself in the middle of a criminal case. You’re surrounded by complicated legal terminology and aren’t sure what is really going on or what to expect. You’ve already dealt with so much including the reporting process, the reactions of others around you, and the aftermath of abuse or misconduct you experienced.
You may feel that things just keep becoming more complicated. Along with all of the other emotions you may be experiencing, like anger, frustration, betrayal, and grief, as you’re facing the criminal process ahead of you.
You may feel like things have escalated far beyond yourself or like you’re not in control. You may feel anxious because you’re in unfamiliar territory. You may also feel like you’re outside of your own body or like you’re dissociating. You might be having a trauma response.
Here at #WeRideTogether, we want to ensure that survivors are supported, empowered, and have the tools they need to navigate complicated processes, such as the criminal justice system. This piece is intended to serve as a guide for those involved in a criminal proceeding who are survivors under the age of 18. This resource can also be helpful for parents who have a child being asked to testify.
First, let’s go over some basic terminology that will be useful for you to know. You may have heard all of these terms before, but even if so, it’s useful to have a refresher.
Note: The following procedures may or may not be part of your experience, depending on your state and what type of crime the respondent is being charged with. If you’re unsure and want to know more about your specific case, an attorney can provide more useful information.
Vocabulary
Attorney
- An attorney (lawyer) provides legal representation in a criminal case. An attorney is a trained professional who will advocate for either the defense or the prosecution. In your case, there will be an attorney (or multiple) representing the defendant, and there will also be attorneys to represent the prosecution. Attorneys will argue in favor of the side they represent and try to present a compelling argument to the jury members. You (or your legal guardian or parent) will likely be in frequent contact with the prosecution’s legal counsel. Remember that in this case, or any criminal trial, the prosecution will not represent yourself or your family but instead the state.
Burden of Proof
- The burden of proof is the threshold to which the prosecution must convince the jury that the defendant is guilty. The jury can’t “sort of” believe the prosecuting attorneys or believe them “mostly.” The jury must be convinced enough to fulfill a certain standard called the “burden of proof.” In a criminal trial, this burden of proof is called “beyond a reasonable doubt.” For your purposes, this means the jury has to really, really believe the prosecution’s argument. They have to be almost 100% convinced of the prosecution’s argument. To make their argument compelling, the prosecution will present multiple types of evidence, including your testimony, to convince the jury members beyond a reasonable doubt.
Charge
- The charge is the specific crime that the defendant is being accused of. A defendant can be put on trial for multiple charges at once. Your state will determine the specific charges, as each state passes its own laws to define crimes. Therefore, different states likely have different definitions for the same crime. If you are interested in seeing your state’s criminal codes, you can easily access them online by searching “[Your State] Criminal Code.”
Conviction
- There are two primary outcomes for a criminal trial that you should be aware of. The first is a conviction. If there is a unanimous jury, the defendant will be convicted, meaning that in the eyes of the law, they committed the crime. After conviction, a later process, called sentencing, will determine how the offender will be punished for their crimes. This other trial is when you will find out if the defendant is going to jail or will face other punitive measures.
Acquittal
- The second primary outcome of a criminal trial is acquittal. A defendant will be acquitted if any of the jurors vote “not guilty.” This means that, in the eyes of the law, the defendant was not found to have committed the crime. It is important to note that this does not mean the act didn’t occur but only takes into consideration whether the prosecution did a “good enough” job at convincing the jury that the defendant committed the crime beyond a reasonable doubt. Even if the defendant is acquitted, you are still able to pursue a civil case.
Defendant
- The defendant is the person who is being charged with a crime. In your circumstances, the defendant is the person who perpetrated the abuse or misconduct.
- Note: In this blog post, we will use the term “offender” when referring to the defendant. You or others may also refer to this individual as your assailant or the perpetrator. Simply put, this is the person who has conducted the abuse or misconduct.
Defense
- The defense is the legal representation arguing in favor of the defendant. They will try to argue why the jury should vote “not guilty” for the defendant. You can think of the defense as the opposing team. They will be making the case that the defendant did not commit the crime.
Defense Counsel
- In the United States, everyone has the right to legal representation when being accused of a crime. In a criminal case, the defendant will either be provided with an attorney for free or have the option to hire their own. Defense counsel refers to the attorneys who represent the defendant.
Indictment
- Depending on the state you are in, the defendant may not formally be charged with a crime(s) until they have been through a step called indictment. This process involves a Grand Jury, which is a type of jury specifically meant for this step. An indictment is the formal accusation of the crime. To reach an indictment, a grand jury will review the evidence against the defendant and determine whether they should be officially charged with the crime. You can almost think of this process, called a grand jury hearing, as a mini-trial. An indictment does not mean the defendant is guilty or convicted. This simply means the process will continue towards a formal trial. Indictments only usually occur for more severe crimes, called felonies. However, whether or not this will occur in your situation will depend on your state. The other, more likely, way a charge will be brought against the defendant will be through the prosecutor.
Judge
- For your purposes, the Judge is the person overseeing the trial. The Judge’s role is to manage the trial and ensure that the process is fair. You can think of a judge like the conductor of an orchestra. The conductor leads the orchestra and tells which instruments when to play. Similarly, the Judge manages the timeline of the trial, instructing each side when they can present their case. It is important to know that the Judge doesn’t decide who “wins” the case, rather the jury decides.
Jury
- In the orchestra metaphor, the jury is like the audience at the concert. Their opinion is what matters most. If the audience doesn’t like the music, they likely won’t applaud. Similarly, if the jury doesn’t believe the prosecution’s argument, they will vote the defendant to be not guilty.
Preliminary Hearing
- A preliminary hearing occurs before the actual trial in a criminal case. During the preliminary hearing, both the prosecution and defense will argue to the judge why or why not the defendant should be prosecuted. This hearing is like a checkpoint, where the Judge will determine whether the case should proceed in its prosecution of the defendant. You may be called in to testify during a preliminary hearing before testifying at trial.
Prosecution
- The prosecution is the legal team representing the government. In most cases, the prosecution will be the District Attorney. You can think of the prosecution as representing the government or law enforcement in their process of holding the defendant accountable for their crimes. In many cases, the prosecution will be formally bringing the charge against the defendant. If you testify, it will most likely be to support the prosecution’s argument. However, it is key to understand that, unlike a civil case, you will not be represented by the prosecution. Because this is a criminal trial, it is the State against the Defendant, rather than you against the defendant.
Subpoena
- A subpoena is a formal court order. This is an order to appear in Court on a certain date and time and provide testimony.
Trial
- A criminal trial is the section of this process that we’ve all seen on television. This is the stage where the attorneys for both the prosecution (likely your “side”) and the defense (representing the offender) will present their arguments in front of the jury. Essentially, each side gets time to argue why they are correct, with the goal of convincing the jury members to vote in favor of their client. Your role in the trial will only be to provide evidence to support the prosecution through your testimony.
Unanimous Jury
- In all 50 states, a defendant can only be convicted of a criminal charge with the result of a unanimous verdict. This means that all of the jury members must vote “guilty” in order for the defendant to be convicted. Essentially, for the prosecution to win the conviction for each charge, all of the jury members have to vote in favor of their side. If even one jury member votes “not guilty,” the defendant will be acquitted. This is why prosecutors will work really hard to supply as much convincing evidence as possible, including testimony of witnesses (like yourself).
- It is important to note that your case may likely involve multiple charges. The jury members will vote “guilty” or “not guilty” on each of those charges separately. Your offender may be convicted of one charge by a unanimous jury and found not guilty of the others.
Witness
- During a criminal trial, both sides will likely call witnesses to testify in front of the jury. Witnesses will be brought forward as further evidence supporting each side. For example, you will likely be on the side of the prosecution, and they will be the ones to request your testimony. Witnesses can be incredibly persuasive for the jury, and, because of that, prosecutors will be inclined to call witnesses if they are available.
Oath
- When you are asked to make an oath before you testify, it means that you are promising to tell the truth. It is important that you don’t lie on the stand when speaking in court because lying under oath (after you’ve made this promise not to lie) is a crime called perjury.
What is going on in a criminal trial?
A criminal trial is a process where the defense and prosecution both argue in favor of their side. This will occur after the defendant has been accused of a crime. The purpose of a criminal trial is to determine, based on facts and evidence, whether the defendant is guilty of the crime they are accused of.
There are two sides in a criminal trial: the defense and the prosecution. The defense counsel will represent the defendant (the offender), and the prosecution will argue on behalf of the state. In this case, the offender has broken state laws, and the prosecution is arguing why they should be found guilty by the jury. The defense is arguing why they should be found not guilty.
The trial will eventually end in either a conviction or an acquittal. A conviction means that the defendant has been found guilty of the crime in the eyes of the law.
An acquittal means that the prosecution didn’t convince the jury members sufficiently for them to vote “guilty.”
Only after a defendant has been found guilty is when they will receive sentencing. The type of punishment they face will be determined at a later time, during a process called “sentencing.” Sentencing outcomes could include prison, community service time, being added to the national sex offender registry, probation, or fines.
Throughout the trial, both sides will present arguments to a jury made up of 12 people. Every defendant in the United States has the right to be presented in front of a jury of their own peers. This means that jury members will be selected by the prosecution and defense with the intention of having a fair trial. This means they won’t have any connection to the defendant, witnesses, or parties involved. This helps make sure that the process is as fair as possible.
To win the case, the prosecuting attorneys must convince all 12 jury members that the defendant is guilty. This means the prosecution will present as much evidence as possible for their side, including presenting witnesses during the trial.
What is my role in a criminal trial?
Unlike a civil lawsuit where you or your family/caregivers may be a party in the case (between two sides), you are not a party in a criminal case. However, you may be ordered into Court as a witness through something called a subpoena.
A subpoena means that you are formally being called into Court. You will likely be testifying on the side of the prosecution. Unfortunately, if you receive a subpoena, you don’t have a choice whether or not you want to testify. This means that even if you do not want to testify, because this is a court order, you have to comply. Additionally, if you are under the age of eighteen, your state may have different accommodations and regulations for minors required to testify. It may be useful to ask the prosecuting attorneys what these are in your state.
What does it mean to testify?
Testifying in court means that you will be asked to answer questions in front of the judge and jury during the trial. You may also be testifying in front of the other participants in the trial, including the defendant, the prosecution, defense counsel, and others who are attending.
First, you will be asked questions by the prosecuting attorneys, who you will likely be in contact with throughout the trial.
You may be asked about your relationship with the offender and general information about the crime, such as where it occurred, as well as what you saw and experienced. In your case, you will likely be asked to discuss the harm the offender has caused you. If your case involves sexual abuse, you could be asked to describe where your offender touched you, how they touched you, and when it occurred. Just so you’re aware, during the trial, each side may refer to things by their technical, medical terminology rather than using everyday terms. If you’re unsure of what something means, you can ask the attorney or judge for clarification.
After witnesses have testified, there is a later process called cross-examination. Each side (prosecution/defense) will basically “check the work” of the other side by speaking to the opposing witnesses. This means that you will have to take part in the trial once more, this time being asked questions by the defense counsel. These questions will likely involve the same topics from the original testimony. This means you will likely be asked for details about abuse or assault once again. Cross-examination can be particularly hard, as the purpose of this process is to create doubt in the jury’s minds about your testimony’s truth. Additionally, your own attorneys will not be questioning you, but the attorneys of the defendant, who are likely strangers to you.
What will I feel?
In both steps of this process (testimony and cross-examination), you may feel intimidated, scared, and distressed. You may also feel excited, satisfied, and eager to finally achieve justice. You may feel empowered. Or, you might feel nothing at all. You might feel numb and separated from the situation. These feelings are all totally normal. And your feelings may also change throughout the process.
Anyone who testifies in court may feel nervous, and with this likely being a sensitive, emotional topic for you (and rightly so), these feelings may naturally be exacerbated. The Courtroom will likely feel cold and unemotional, but you must remember that your testimony will be a really important part of the justice process. You will likely be asked to describe details of the sexual abuse that you endured, which can feel like an incredibly terrifying and intrusive task.
During cross-examination, the questions from the defense attorneys may feel as if they are attacking you or criticizing your statements. This can be scarier than testifying, as defense attorneys will be trying to make your statements seem less credible.
It might help you to remember that this is the whole point of their job. While it may feel awful during the moment, remember that it’s not a personal issue. These attorneys are being paid to make the prosecution’s witnesses appear less reliable. Regardless of their questioning, remember not to question yourself. Know that you know the truth, and you know what happened.
Through the trial, you may feel hurt, doubted, sad, angry, frustrated, anxious, confused, attacked, enraged, and terrified. All of these feelings are totally okay.
There is no doubt that testifying may feel overwhelming and possibly re-traumatizing. Being asked to talk about your experiences of abuse in front of so many strangers can be terrifying and overwhelming. Unfortunately, you may not have a choice of whether you wish to testify. Regardless, if you find yourself in this process, it can help to remind yourself what your goal is As hard as it may be to reframe this process, recalling your aim may help you feel a bit better. Not in a “silver lining” type of way. Not in the way that someone who doesn’t understand your experience would say, “at least they didn’t…,” but in a real, useful context to help you through this process.
You may not have power over this situation. You may not want to be a part of this process at all. You may be testifying against your own wishes or due to the decisions of a parent or guardian that have conflicted with your own desires. But you can have power over how you mentally picture your role in this. Here are some thoughts that you can remind yourself of when struggling with this process. These are real, objective goals and benefits you may accomplish through testifying, and may help you feel more in control.
- To hold my offender accountable.
- To fight for justice for myself.
- To tell the truth of my experiences to others.
- To prevent my offender from hurting others.
- To advocate for my younger self who experienced the abuse.
- To empower other survivors.
- To empower myself.
- To get through this in one piece.
How can I take care of myself during this process?
We understand that this can all seem scary and overwhelming.
Through this process, you will likely feel out of control. You may have felt robbed of your choices and your independence. But remember, there are certain ways to help yourself that nobody can take away from you. Make sure you’re practicing basic self-care. Sleep well, drink plenty of water, and don’t forget to eat. While these things may seem simple, in times of distress we may dismiss their importance. These daily actions serve to help us regulate our minds, bodies, and emotions.
It can also help to practice grounding and self-care strategies. These may be useful during moments when you’re feeling overwhelmed, or even when you’re on the witness stand. Here are some we suggest to help you center your thoughts during moments of stress.
One easy way to ground yourself is to practice deep breathing. There are many different techniques of deep breathing to help with stress, and some of them are excellently outlined by Calm and Talkspace.
Focusing on your breath may be uncomfortable at first, so take your time to find which technique suits you the best. Breathing helps us ground back into our bodies and back into the present moment.
Another way to practice self-care and remain in tune with yourself is by writing in a journal. Rather than trying to follow a strict schedule of journaling, it may be more helpful to just write when you feel the need to. Don’t pressure yourself by feeling like writing in your journal is a daily chore, but rather a helpful and soothing activity. This way, you are more willing to write when you desire self-reflection, rather than having it become another task you have to complete. Writing, especially pen on paper, can help us to dump, organize, and process our thoughts and emotions in a safe space.
Think of your ability to practice self-care like a muscle. It may feel odd at first, but the more you exercise this muscle, (the more you practice these techniques), the more effective they will become. As you build up this muscle, you will find it easier to use, and you will develop techniques that you can use while experiencing high-stress situations.
Remember that you do have control over yourself. While others may not be treating you how you’d like them to right now, you can provide that kind of treatment and care for yourself. Remind yourself of all the things you can control, and focus on these things rather than the things you are overwhelmed with. Such a sense of control can help you feel more relaxed and calm.
It’s also important to make sure that you have trusted friends or family members you can talk to about your feelings and experiences. As tempting as it may be, try to avoid bottling up your feelings. You may feel alone in this process, but having conversations about your feelings can help you feel supported. If you don’t have one already, you can ask your parents or guardian to connect you with a therapist.
What resources are there to help me?
Depending on your state, there will be many resources you can seek to help make this process easier.
Many states have laws to help support those under 18 who are asked to testify in a criminal trial. For more information on if these are applicable in your state, it may be useful to search online. Some resources may be found here from the Office for Victims of Crimes.
Your state may provide victim advocates, or volunteers who can help guide you through the trial process, explain your role in it further, and answer any questions you may have.
In some cases, a Judge will permit a closed courtroom to increase a minor’s privacy when testifying and alternatively will allow testimony to occur from a separate location (similar to a video call).
Additionally, you may be able to bring another individual for support into the Courtroom when you testify.
To access these accommodations, you have to advocate for yourself. We recommend speaking with your parents or guardians, as well as your attorneys to discuss what you want and determine the options available to you.
If you want to do more research about what’s available in your state, you can begin with a preliminary search online: “[Your State] Witness/Advocate Resources”
Regardless, you always have the right to advocate for yourself and to speak up for what you want.
Below, we’ve compiled a list of questions that you can ask the prosecuting attorney. After all, you don’t know what you don’t know. Asking these questions can provide you with more information specific to your case. The more knowledge you have, the more empowered you will feel.
Questions to ask the prosecuting attorney:
- What is my role in this process?
- I’m nervous to participate in this process. What resources are available to me?
- What will it be like to testify? What will I have to do beforehand? Can I practice my testimony with a prosecuting attorney?
- Am I able to speak to a victim advocate?
- I don’t know what _______ means. Can you explain it to me?
- What do these charges mean?
- What does a conviction for this charge mean?
- What is happening currently with my case?
At #WeRideTogether, we are dedicated to empowering you to feel that you have your voice in this process.
It doesn’t matter how old you are, or the extent of your role in this process – it is crucial that you speak up for yourself.
Be kind to yourself through this process, reach out to loved ones for support, and, most importantly, you are not alone.
If you’d like, check out some of our other resources for navigating this complex process:
Resources for terminology:
Legal Disclaimer
#WeRideTogether 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 this 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. #WeRideTogether 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.
Ella Johannes
Intern at #WeRideTogether
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