• by its nature, poses a serious threat of personal injury or death
• is punishable by a fine or imprisonment or death
• does not result from a violation of the motor vehicle laws, except in conduct related to Driving While Impaired and Hit and Run.

• dependent of a deceased innocent victim; or
• a legal representative of an innocent victim

• medical expenses
• lost wages
• replacement services such as child care.

• must report the crime to law enforcement within 72 hours of the crime.
• must file within one year of the date of the crime.

• who has insurance that pays the maximum amount authorized by Victims Compensation
• who does not incur economic loss within one year, except victims under the age of 10 at the time of injury, who may be compensated for economic loss incurred up to two years after the crime.
• who contributes to the criminal conduct
• who is the offender or an accomplice
• who does not cooperate with the Crime Victims Compensation Commission and Staff
• whose award would benefit the offender or their accomplice (except when interests of justice require)
• who was confined in a correctional facility when the crime occurred
• who was in the commission of a crime at the time of the incident.

• loss of personal property
• any expense paid by insurance or other sources
• for pain and suffering,
• injury or loss that is the result of a violation of motor vehicle laws other than Driving While Impaired.

• Local Law Enforcement agencies
• Rape Crisis Center
• Victim/Witness Coordinator in the DA's Office
• Victim's Compensation 1-800-826-6200 or (919)733-7974
• The Crime Victims Compensation Commission is the governing body with the authority to award or deny reimbursement claims. The Division of Victim and Justice Services administers the program.

• a crime was committed that resulted in physical injury or death;
• the victim did not contribute to their injuries or sustain the injuries while engaged in an illegal activity;
• the crime was reported to law enforcement within 72 hours unless good cause is shown; and
• the victim (or the victim's legal representative) cooperated with all law enforcement agencies and the Victims Compensation Staff; and
• the victim was not committing any crime at the time of the incident.

• After being assaulted, you may call ahead to the hospital and let them know you are coming -- but it is not required. Priority is to get medical help.
• You should not bathe, change clothes, urinate, brush teeth, eat or drink. This can eliminate important evidence, if a prosecution occurs.
• The Emergency Department can call the local Domestic Violence-Sexual Assault program and request that an Advocate come to the hospital.
• You may bring a change of clothes to the Emergency Department because clothes worn during the assault may be taken as evidence. If you do not have a change of clothes, the Advocate may be able to provide them.
• You will be escorted to a private room.
• You will be asked to sign consent forms. These forms give permission for the pelvic exam, release of information to law enforcement.
• A doctor or a Sexual Assault Nurse Examiner (SANE) will perform the physical exam and use the SBI Rape Kit.
• The medical personnel will take a brief medical history from the victim.
• During the SBI Rape Kit, the examiner will check for bruises and other marks that might be a result from the attack. The examiner will collect samples for the presence of sperm and other fluids and various hair samples from the victim.
• The examiner will also check for pregnancy. If the assault occurred within 72 hours, optional medication may be discussed to prevent pregnancy.
• Victims will be informed about optional medications to treat sexually transmitted diseases.
• Follow-up resources will be discussed before discharge from the hospital.

• Meet with the District Attorney (DA)
• The DA is a lawyer who prosecutes criminal matters for the State. He or she will be your lawyer.
• The DA will hear the facts to determine what charge will go to court, if any.
• You may ask for a support person to be there with you. This may include a family member, friend, or the Victim Advocate.
• The law enforcement investigator can be present during this meeting.

• An arrest order stating the crime that the person to be arrested is accused of committing.
• Investigating officer gives sworn statement of facts.

• Within 96 hours of arrest
• Brief hearing where judge informs defendant of:

• DA sets hearing to determine "probable cause."

Probable Cause Hearing:
YOU MAY BE REQUIRED TO BE PRESENT AND TESTIFY.

• Usually 3 weeks after the arrest.
• The Victim/Witness Assistant will provide the date and time of the hearing and preparation for court, if needed.
• The defendant will be present during the hearing.
• DA will try to avoid victim testimony, however, in some cases, this testimony is crucial to proceed in the case.
• DA must present enough evidence for the judge to allow the case to proceed to trial.
• If the judge finds "probable cause" exists, the case is sent to Superior Court for trial there.
• The defendant's attorney can waive the probable cause hearing and the matter will go automatically forward to the grand jury for indictment.

• This is a jury of people from the community that meets privately and considers evidence of possible crimes presented to them by law enforcement.
• If the grand jury believes the defendant could have committed the crime, it returns a "True Bill of Indictment."
• The indictment is referred to Superior Court.

• A superior court judge reads the charges to the accused.
• Accused enters his/her plea of guilty or not guilty.
• If the accused pleads not guilty, a trial date will be set.
• If the accused pleads guilty or enters into a plea bargain, the judge will schedule a sentencing hearing or may proceed directly to sentencing.

• A jury consists of 12 members and one alternate.
• The defendant is present during the entire trial.
• Both sides present evidence.
• Jury will deliberate after hearing all evidence.
• Jury will return a verdict of guilty or not guilty.
• Jury decision must be unanimous (all must agree).

• Jury has been dismissed.
• Judge determines the punishment for the crime.

• Tell someone about the rape. It is an embarrassing and humiliating crime to discuss; however, talking can be a step towards rebuilding trust within yourself and in others.
• Medical attention is very important for two reasons: your health and evidence collection.
• Talk to a counselor. A counselor can help you understand the confusing feelings you might be having from one moment to another. They are there to listen and help you decide the best way for you to deal with the rape. You do not have to face the crisis and healing alone.
• Trust your instincts. If you feel unsafe with someone or the environment trust yourself and your feelings and leave that person and/or those surroundings.
• To assist family and friends in understanding your feelings and experiences, refer them to the Domestic Violence-Sexual Assault Program. They have helpful information for both you and your family.
• Recovery is an individual process and can be slow; begin to heal at your own pace and take the time you need to regain control of your own life.
• Start a journal to provide an outlet for your thoughts and feelings. A journal can help you express yourself when it is difficult to verbally communicate your emotions.
• Contact SAVAN and register for victim notification and information via telephone on any status change of the rapist while in custody (such as release from jail).
• Join a support group to find support from others going through the tragedy of rape.
• Write a letter to the rapist. It is a way of letting out your anger towards the rapist. This letter does not have to be sent. Some victims hold on to the letter and burn it as a symbol of releasing the anger.
• If the rape occurred at your home, rearrange the room where the rape occurred to decrease the memories associated with the rape.
• Understand that nightmares and certain triggers that replay the feelings of the event are common; you are not going crazy. Find someone to talk to and help you identify your triggers. Identifying them can decrease triggers and nightmares during your recovery.

• Following or constant driving by home, work, school, or any place regularly visited
• Repeated phone calls
• Threats
• Letters or gifts by mail
• Vandalism of property
• Unwanted physical encounters

• The Clerk of Court Office has the forms. There is no charge and victims can fill out the forms themselves. If you desire assistance with filling out the forms and understanding the civil no-contact order process you can call the local Domestic Violence - Sexual Assault Program listed in the resource section of this .
• With a judge's signature a temporary "Ex Parte" civil no-contact order may be issued. This temporary order by the Court provides protection until a hearing date can be set.
• At the Court hearing a judge will hear from both the victim and the accused offender. As victim it may be necessary to explain to the Court your reasons for needing protection.
• If a civil no-contact order is found to be needed by a judge, the order can continue for one year and may be renewed from year to year.

• Domestic Violence is not a family secret, it is a crime.
• Domestic Violence is the use of power and control by one person over another in an intimate relationship.
• Domestic violence can lead to serious injury or death.

• Physical - pushing, shoving, or choking.
• Emotional - insults, isolation, or threats.
• Sexual - rape and sexual assault.

• They will assess the evidence of violence and determine the aggressor.
• If violence is found, they may arrest the abuser. The police do not need the victim's permission to press charges. This action is taken so that the victim does not have to make the decision to press charges.

• Tell someone about the domestic violence. It is an uncomfortable situation. You need someone to understand the danger that you live with daily. Tell someone who can help you get to a safe place.
• Take and date pictures of all bruises or wounds and keep them in a safe place, or contact your local domestic violence program to take the pictures for you.
• Have an "emergency bag" prepared in case you need to leave in a hurry. Leave it in a safe place away from the abuser where you can access it.
• Call your local domestic violence program. They can help you develop a safety plan to use when the abuse starts.
• Pay attention to names of abuser's friends, their cars' descriptions, and locations they frequent.
• Teach your children how to get help and how to call 911.
• Record the abuser's employer information.
• Do not use your home computer to access information about domestic violence, or about services or supports. Use a friend's or a public computer.

• Driver's License and/or other forms of identification
• Social Security Numbers, for entire family
• Birth Certificate-yours and your children's
• Identification Cards, EBT Cards
• Immigration papers
• Insurance policies, both health and car
• Title to car and deed to house, if possible
• School records of your children
• Medical records, such as shot records
• Medications that are needed daily
• Favorite toys
• Money, Bank Cards, and Checkbooks. Do not use a checkbook if return checks are mailed to abuser's home.
• Credit Cards, if they are in your name
• Change of clothes for yourself and your children
• Toothbrush and deodorant
• Keys-house and car
• Address book, photos, diary, and jewelry

• Keep in contact with the domestic violence program. The domestic violence program can help you develop a safety plan for you and your children.
• Tell your employer. Develop a safety plan for your workplace.
• Contact SAVAN and register for victim notification, if the abuser is in custody.
• If you get an Order of Protection, keep it with you at all times.
• Change window and door locks. Use timers on your lights and radio. Change the timer often so that your schedule is not predictable.
• Keep your cell phone nearby at all times. Program emergency numbers.
• Use different routes or change your schedule when going to work or school.
• Notify local post office, phone company, utilities, banks and creditors and ask them to place a notation on your accounts restricting address inquiries.
• Have your telephone number unlisted and screen all calls via Caller ID or answering machine.
• Consider renting a Post Office box for your mail.
• If you have children, consider using the Supervised Visitation-Exchange Program for safe visitation exchanges or supervised visits.
• Consider getting a dog that can help protect you and your home.
• Use different stores to shop for groceries and regular supplies.
• Keep all family pets and children's toys out of sight from the road. If the abuser finds a general location, recognizing the family pet or child's toy will easily lead him to your new home.
• Take all bumper stickers or identifying items off your car (it will be harder for the abuser to spot you on the road.)
• Document and report in a journal all instances when the abuser contacts you. Be as detailed as possible.
• Get a new social security number at the Social Security Administration.
• Consider changing your name, if necessary.
• Call the police or sheriff's office.
• Stay safe, stay healthy, stay alive.

• The Clerk of Court Office has the forms. There is no charge and victims can fill out the forms themselves. If you desire assistance with filling out the forms and understanding the DVPO process you can call the local Domestic Violence Program listed in the resource section of this book.
• The DVPO compliant and motion will be reviewed by a judge either in their chambers or in a courtroom.
• With a judge's signature a temporary DVPO also called an "Ex Parte" is issued. This temporary DVPO is an order by the Court that provides protection until a hearing date can be set. The abuser has no say in this matter; they will be heard at the hearing.
• At the DVPO hearing a judge will hear from both the victim and the accused abuser. As victim it may be necessary to explain to the Court your reasons for needing protection.
• If a DVPO is found to be needed by a judge, the order can continue for one year and may be renewed from year to year.

Special Thanks to the Governor's Crime Commission for funding this project through grant number 044-1-03-1VA-AW-706, an Office of Justice Programs Violence Against Women Act grant.

Sybil Mann
Executive Director
30th Judicial District
Domestic Violence-Sexual Assault Alliance, Inc.

Hal Breakey, Ph.D.
Project Director
30th Judicial District
Domestic Violence-Sexual Assault Alliance, Inc.