This guide helps professionals who are supporting the child and their family when an investigation into child sexual abuse has resulted in an individual being prosecuted in the Crown Court.
It is relevant to the police officer in the case, the Witness Care Unit, social workers and other professionals, and any other professionals involved in supporting and protecting children, to help them understand what happens when court proceedings conclude.
How may the court case end?
If the defendant pleaded guilty to all the offences with which they were charged, or the prosecution has accepted guilty pleas on a basis so that there will be no trial, the case will go to sentencing.
If the defendant pleaded not guilty to some or all of the offences with which they were charged, a trial will have taken place and will usually result in the jury finding one of the following outcomes:
- Guilty of all the offences charged.
- Guilty of some of the offences charged but not guilty of others.
- Guilty of a lesser offence than the one originally charged.
- Not guilty of any of the offences.
Additionally, during the trial the defendant may have changed their plea to guilty for some or all of the offences. The trial judge may have halted the proceedings after the prosecution's case, directing an acquittal if the evidence was too weak to require a defence response.
If the defendant pleads guilty or is found guilty of any offences, they are convicted of those offences and they will be sentenced.
If the defendant is found not guilty (acquitted) of all the offences, they are free to leave the court.
How may the child be feeling?
The end of a trial is typically a very emotional time for the child. They have likely experienced the stress of testifying and they will be eager to learn the outcome of the verdict after a long uncertain journey through the criminal justice system.
If the defendant is found guilty of some or all of the offences:
- the child and their family may feel relief, anger and fear.
- the verdict may have brought them ‘closure’.
- they may be disappointed that it has not brought the closure they hoped and expected it would.
- The child may feel guilty that the defendant has been convicted.
If the defendant is acquitted of some or all the offences:
- the child will be upset.
- they may feel scared and let down by criminal justice agencies.
“It was positive to get some closure on it all, you know? I couldn’t say anything bad about it, the service. It took about two and a half years for it all to be settled like. From when I did the video. It’s a long time to have to deal with it.”
“You have that time when you think it’s OK ’cause you feel the relief, and then you start to dip. They think they’ve done their job ’cause they’re in prison or whatever, but it’s not over.”
“For me, after the sentencing was the worst time. I don’t know why, but during the investigation you always have something on your mind to distract you … Once it all ends you only have that to think about and it overwhelms you and everyone’s trying to get on with their life and you’re still stuck in that moment.”
“Just the fact that he got away with it … we really need to sort that out … it’s like letting a murderer get away … People like that shouldn’t be on the streets, simple as that. ’Cause he’s done it to other girls as well, after me.”
“The judge just said that it wouldn’t be a fair trial so he got let off. So now I have to live with that every day knowing that I feel like it’s my fault because I wasn’t well enough to go ahead with it.”
“You’re constantly trying to watch your back and you don’t have any support from the police or anything … You don’t know what’s going to happen when they do get out. You think, ‘Will they [the police] remember or will they just forget and not inform me and stuff?’”
How can you best help the child?
Whilst the actions indicated in this section are typically for the Witness Care Unit or the Officer in the Case they should be supported by all professionals.
As at all points in the criminal justice and child protection process, consider diversity and how personal characteristics might increase vulnerability and shape the response to child sexual abuse.
Remember that the child should be given accurate, clear and straightforward, jargon-free information with consideration of their age and stage and development and communication needs.
- When all the evidence has been presented and the judge has summed up, the jury will be asked to consider its verdict.
- Make sure that the child and any family members present understand what is going on, and how the jury reaches its verdict
- Explain too what the possible outcomes are for each offence: guilty, not guilty, and the Jury could not reach a verdict.
- The child and their family do not need to attend court when the verdict is announced, only have them attend if it's truly beneficial and never push them if they're hesitant.
- If they do attend, consider what support might be necessary.
- If the child and their family choose not to be present in court, it is the role of the Witness Care Unit (WCU), to tell the child of the trial’s outcome.
- The defendant will be convicted of those offences and they will be sentenced.
- The child and family may feel a complex range of emotions
- Explain that the next step will be sentencing and the timescales for this
- The WCU should support the child (or family) to write a Victim Personal Statement to be read in court if the child chooses
- Inform the child, family, and professionals about the judge's sentencing options
- Explain to the child they can go to court to hear the verdict if they choose and what support they might need
- If the defendant is found not guilty of all the offences, they will be free to leave the court with no restrictions on their liberty.
- If this occurs, the child may feel upset, worried, and disappointed by the criminal justice system.
- Reassure them that a not guilty verdict does not mean the abuse didn’t happen; it simply means that it was not possible to present sufficient evidence, admissible under the law, for the jury to be sure that the defendant was guilty of the offences with which they were charged.
- Make sure that the child and their parents are told about any compensation that may be payable via the Criminal Injuries Compensation Scheme.
- Consider how to support the child's emotional health and wellbeing, physical health, education, and relationships with family and friends.
- Even if the police or CPS do not take legal action, children’s services should still consider what steps need to be taken to safeguard the child. The police or CPS decision should not be regarded as 'proof' that the child was not sexually abused.