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From Report to Court: Digital Guide

This guide is for adult survivors of sexual violence. It explains the stages of the legal process, from deciding whether to report the incident to the police, through to the trial, the outcome of the trial and sentence. It sets out the relevant law and what obligations the different agencies in the criminal justice system have to survivors.

The defendant was found not guilty. Can anything be done?

This section explains what a not guilty verdict means, action you may be able to take to protect yourself and where you can seek support.

If the defendant is found not guilty this does not mean that you were not believed or that the crime did not happen. It means that the prosecution was not able to prove the defendant’s guilt to the very high standard required. The jury (or magistrates) have to be sure.

A defendant who is found not guilty (acquitted) cannot be tried again for the same offence except in exceptional circumstances when new and compelling evidence comes to light, and only for those sexual offences which involve penetration (for example, rape and assault by penetration) and attempted rape.

This means that for the vast majority of cases if the defendant if found not guilty that is the end of the case.

Your options

At the end of the case a judge or magistrates can make an order for the defendant not to abuse or harass you if they think it is necessary. This is called a restraining order. This could be helpful if you know the defendant and you are afraid of further abuse or harassment.

A restraining order can be imposed on a defendant even if he was found not guilty of the offence he was charged with.

Restraining orders are usually applied for by the Crown Prosecution Service (CPS) and any breach of the order is a separate criminal offence. If you want the CPS to apply for a restraining order to protect you then let the prosecutor know before the trial.

I am afraid of further abuse and there is no restraining order in place

If you know the defendant and you fear further abuse, but there is no restraining order to protect you, then there may be other orders you can apply for to the civil courts.

You may be able to apply to the family court for a non-molestation order if you are ‘associated’ to your abuser. For further information see Domestic Violence Injunctions.

If you know the defendant but he is not associated to you then you may be able to the civil courts for a harassment injunction. For further information see Harassment and the Law.

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The information in this guide is correct to April 2024. The law is complex and may have changed since this guide was produced. This guide is designed to provide general information only for the law in England and Wales and is not legal advice. If you are affected by any of the issues in this handbook you should seek up- to-date, independent legal advice.
Rights of Women does not accept responsibility for any reliance placed on the legal information contained in this guide.
© Rights of Women 2024