Navigating the Criminal Justice System as a Victim

After a violent crime, victims and their families often find themselves thrust into an unfamiliar world: the criminal justice system. This system was designed to prosecute offenders, not to support victims. Understanding how it works can help you navigate the process and advocate for yourself.

This guide explains what to expect if your case moves through the criminal justice system, from the initial report through sentencing and beyond.

Reporting the Crime

The criminal justice process begins with a report to law enforcement. If you have not already reported the crime, you can do so at any time. There is no deadline for reporting most violent crimes, though earlier reports generally result in better evidence collection.

When you report:

You will be interviewed by officers who will ask detailed questions about what happened. This can feel invasive or retraumatizing. You have the right to have a support person present. You can request an officer of a particular gender if that would make you more comfortable.

Evidence may be collected from your body, clothing, or belongings. This is especially true for sexual assault cases where a forensic exam preserves crucial evidence. You can decline evidence collection, but doing so may affect the case.

You will receive a case number. Keep this number. You will need it for follow-up communications and any victim compensation claims.

The Investigation

After reporting, detectives investigate the crime. This phase can take days, weeks, or months depending on case complexity. During investigation:

Detectives may contact you multiple times with additional questions. Cooperate as fully as you can, but you do not need to be available at all times. You can schedule interviews at times that work for you.

You will likely not receive regular updates unless you ask for them. Investigations involve many moving parts, and keeping victims informed is not always prioritized. You have the right to request updates. Call the detective assigned to your case periodically.

A suspect may or may not be identified. Not all cases result in arrests. If your case goes cold, you can request that it remain open and be contacted if new evidence emerges.

Arrest and Charges

If a suspect is arrested, the prosecutor’s office reviews the case to decide whether to file charges. The prosecutor, not you, decides whether to prosecute. This can feel disempowering, but there are legitimate reasons for this structure.

The prosecutor may consult with you before making charging decisions. They may ask about your willingness to testify or your preferences regarding charges. Your input matters, but the final decision rests with the prosecutor.

If charges are filed, you should receive notification. If you do not hear anything, contact the victim advocate in the prosecutor’s office. Most offices have staff specifically assigned to keep victims informed.

Pre-Trial Process

After charges are filed, months may pass before trial. During this time:

The defendant may be released on bail. This can be frightening for victims. You may be able to request conditions of release that protect you, such as no-contact orders or GPS monitoring. Communicate your safety concerns to the prosecutor.

The defense will conduct its own investigation. Defense investigators may contact witnesses, including you. You are not required to speak with them. You can decline or have your own attorney present if you choose to speak.

Plea negotiations may occur. In many cases, defendants plead guilty to reduced charges rather than going to trial. The prosecutor should inform you of any plea offers and consider your input, though the final decision is theirs.

Trial

If the case goes to trial, you may be called as a witness. This can be one of the most difficult parts of the process.

As a witness, you will testify under oath. You will be questioned by the prosecutor and cross-examined by the defense attorney. Cross-examination can feel aggressive or accusatory. The defense attorney’s job is to create doubt, and they may challenge your memory, credibility, or behavior.

You have rights as a witness. You can request breaks. You can have a support person in the courtroom (though not during your testimony in most jurisdictions). In some cases, you may be able to testify via closed-circuit television to avoid facing the defendant directly.

Even if you are not testifying, you may attend the trial. Victims often want to observe proceedings. Check with the victim advocate about any restrictions.

Victim Impact Statements

If the defendant is convicted, you may have the opportunity to give a victim impact statement at sentencing. This statement describes how the crime affected you: physically, emotionally, financially, and in any other way.

The impact statement is your voice in the process. It is a chance to speak directly to the judge about your experience. You can write the statement, read it aloud, or have someone read it for you. You can include photos, letters from family members, or other materials.

Take this opportunity seriously. Judges often report that victim impact statements influence their sentencing decisions. Speak honestly about the harm you have suffered.

Sentencing

The judge determines the sentence based on legal guidelines, the nature of the crime, the defendant’s history, and other factors. Your impact statement is one input among many.

You should be notified of the sentencing date and outcome. If the sentence feels inadequate, know that you are not alone in that feeling. Many victims experience frustration with sentences that seem too lenient.

After Sentencing

The criminal case does not end at sentencing. You may still have involvement:

If the defendant appeals, the case continues in the appellate courts. This can take years. Appeals rarely result in overturned convictions, but they can delay final resolution.

If the defendant is incarcerated, you may be able to register for notification when they are released or moved. Contact your state’s victim notification program to ensure you receive these alerts.

Parole hearings may occur eventually. You typically have the right to attend and speak at parole hearings. Your input can influence whether the offender is released early.

Victim Advocates

Throughout this process, victim advocates can help. These professionals work for prosecutors’ offices, police departments, or nonprofit organizations. They can:

Explain the process and your rights. Accompany you to court and interviews. Help you prepare victim impact statements. Connect you with resources like counseling and compensation programs. Notify you of case developments.

If you do not have an advocate, ask for one. The prosecutor’s office should be able to connect you with victim services.

Victim Compensation

Many states offer compensation programs that help cover expenses related to violent crime. These programs may pay for medical bills, mental health counseling, lost wages, funeral expenses, and other costs.

Compensation programs have deadlines and requirements. Apply as soon as possible. Your victim advocate can help with the application.

Civil Options

The criminal justice system focuses on punishing offenders. It does not compensate victims directly. If you want financial compensation from the offender, you may need to pursue a civil lawsuit separately.

Civil suits have different standards of proof than criminal cases. You can win a civil case even if the criminal case did not result in conviction. Consult with an attorney about your civil options.

Self-Care Throughout the Process

The criminal justice process is long and often retraumatizing. Prioritize your wellbeing:

Seek mental health support. Therapists experienced with trauma can help you process both the crime and the difficult emotions that arise during prosecution.

Lean on your support network. Do not isolate yourself. Let trusted people help you.

Set boundaries. You do not need to follow every development obsessively. Give yourself permission to step back when you need to.

Remember that the outcome does not define your worth. Many cases do not result in the justice victims deserve. This is a failure of the system, not a reflection on you.

Your Rights Matter

Victims have rights. These vary by state but commonly include: the right to be notified of case developments, the right to be present at public proceedings, the right to be heard at certain stages, the right to protection from the defendant, and the right to restitution.

Learn your rights and assert them. If they are not being respected, speak up. Contact victim advocacy organizations for support.

The criminal justice system is imperfect. But understanding how it works puts you in a better position to navigate it and advocate for yourself.

Written by Jenny Montoya M.A. Forensic Psychology

For victim advocacy support, contact the National Center for Victims of Crime at 1-855-4-VICTIM or visit victimsofcrime.org.