Criminal & Civil Suit Processes

Filing a Police Report

  • Filing a Police Report Expand dropdown
    • 有准确的法律信息以及朋友和家人的支持, many sexual assault survivors choose to report the crime and participate in a criminal case against the perpetrator. It is not an easy process for the survivor, but some have found it to be helpful in their journey to healing. If you decide to speak to the police, you can have a friend or an advocate present to support you. You may want to write down everything you can remember about the assault and the perpetrator prior to filing a report. This will help you when you meet with a police officer. The police will interview you about what happened. Some questions might seem personal or embarrassing, 但对警方来说，获取尽可能多的信息是很重要的.
    • After the police report is made, a detective will be assigned to investigate the crime and submit the case to the prosecutor or city attorney’s office. The decision to prosecute belongs to the prosecutor or city attorney. 这一决定是根据检察官所掌握的证据作出的. Sometimes cases are not prosecuted. This is usually because it is believed that there is not enough evidence to prove to a jury or judge that the defendant is guilty, not because the prosecutor does not believe you.
  • The Court System Expand dropdown
    • There are two basic types of cases that go to court: criminal and civil. A criminal case is one in which the state of Michigan is seeking to punish a person who has committed a crime. 犯罪是违反法律的行为，可处以监禁或罚款. In a criminal court case the prosecuting attorney, acting on behalf of “the people,对被控犯罪的个人提出指控, known as the defendant. The survivor of a sexual assault is considered a witness to the crime, not a party in the criminal case.
    • Criminal sexual conduct or rape is a criminal offense. 关于刑事司法程序的信息包括在这本手册中.
    • 民事司法系统包括任何不是刑事起诉的案件. Civil cases involve one person, the plaintiff, bringing a legal action against another person, the defendant. 离婚、监护、人身保护令和侵权都是民事案件的例子. 性侵犯的幸存者已经成功地起诉了肇事者，以获得精神上的痛苦, physical injury costs and other monetary damages. 关于民事司法程序的信息包含在这本手册中.
  • Your Role in the Criminal Justice Process Expand dropdown
    You are a witness in the state’s case against the perpetrator. You will be subpoenaed to testify during the criminal process. The prosecuting attorney or city attorney will present the case on behalf of the “people of the State of Michigan” and does not represent you specifically. However, as the victim of a crime, you do have certain rights. You can contact the prosecuting attorney or city attorney’s office to find out which prosecutor is working on the case. 如果你对刑事案件有任何疑问，可以联系那位律师. An advocate, from SafeHouse in Ann Arbor can help you with this and any other aspect of the criminal justice system and your case.
  • Stages in the Criminal Process Expand dropdown

    Warrant Request and Authorization: The detective/officer assigned to your case will forward a report to the prosecuting attorney’s office. The prosecutor may want to interview you. Because sexual assault is a crime against the citizens of Michigan, 检察官代表的是密歇根州的人民，而不是你. The prosecutor will make the decision about whether or not to prosecute. If you haven’t heard from the prosecutor, 你可以打电话给检察官办公室，要求和他/她说话. If the decision to prosecute is made, there will be an arrest warrant issued or a notice to appear in court for the defendant (perpetrator). Arraignment in District Court: The district court judge will read the charges and the defendant will be given the opportunity to plead. Bond will be set at this time. Bond is an amount of money that needs to be paid to ensure that the perpetrator will show up for court again. Sometimes no bond is set, other times a very high bond is set, so that the perpetrator is forced to stay in jail. If the defendant is released the judge may order conditions of bond. The prosecuting attorney may request a condition of bond that orders the defendant not to come near you or contact you. 你可以和检察官谈谈，让他/她要求这种保释条件, usually referred to as a “no contact condition.” The victim may submit an affidavit (sworn statement) asserting acts or threats of physical violence or intimidation by the defendant against the victim or the victim’s immediate family. The prosecutor may initiate Bond Revocation proceedings. The
    当地警察可以逮捕犯罪者，如果他们违反了保释的保护条件. If you are experiencing harassment, intimidation, or threats by the perpetrator, contact the local police and notify the prosecutor assigned to the case.

    • Preliminary Exam: This is a formal hearing in front of the district court judge. The prosecutor will try to prove that a crime took place, that it took place in your county, and that the perpetrator is a likely suspect. The prosecutor must prove that there is reasonable cause that the crime took place and the accused committed it for the case to continue. You will be required to testify. At the beginning of your testimony you will have to look at the perpetrator and identify him/her for the court. 公诉人和被告的律师会问你问题. 这个案子可以被驳回，也可以交由巡回法院审理. Sometimes the defendant may waive the right to a preliminary exam and the case will go straight to circuit court. 巡回法庭传讯:指控将在巡回法庭上向被告宣读. The defendant will again be given the opportunity to plead. 如果被告认罪或不抗辩，将确定量刑日期. If the defendant pleads not guilty, a trial date will be set. Pretrial Conference and Motions: The court may hear motions to determine what evidence will be admitted. The defense attorney and the prosecutor may discuss a plea bargain.
    • Trial: 公诉人将试图“排除合理怀疑”证明被告犯了罪. “Beyond reasonable doubt” is the standard of evidence required to find a person guilty in US court and generally the burden of proof will fall on the Prosecuting Attorney to determine this in these cases. 受害人有权在被告受审的整个过程中都在场, unless the victim is going to be called as a witness. If the victim is called as a witness the court may, for good cause, order the victim to be sequestered until the victim first testifies. 作为被告，被告有权在整个审判过程中留在法庭内. The trial could take several days to complete. If the defendant is convicted, a sentencing date will be set.
    • Sentencing: If the defendant is convicted or pleads guilty or no contest, 缓刑部门将向法官提出量刑建议. You have the right to submit or make a written or oral impact statement to the probation officer for use in preparing the presentence investigation report. [MCL 780.824]. Written statements turned in before the
      sentencing date will become part of the file. 这意味着辩护律师将有权访问它，并可能与犯罪者分享它. If you choose, you will have the right to make your oral statement at the time of the sentencing proceedings (even if you do not complete a written statement).
      Your “Victim Impact Statement” may include, but is not limited to, the following: nature of any physical, psychological or emotional harm suffered, explanation of any economic loss or property damage, opinion of the need for or extent of restitution and a recommendation for the defendant’s sentence. [MCL 780.823].
      受害者有权在宣判时进行口头影响陈述. 如果你的身体或情感上无法做出口头影响陈述, 您可以指定任何其他年满18岁的人代表您发表声明. 法院在对被告人判刑时，应当考虑被害人的陈述. [MCL 780.825].
    • Appeal: The defendant has the right to appeal the decision. 检察官应被害人之请求，通知被害人下列事项:
      • That the defendant filed an appeal of his or her conviction or sentence or the prosecuting attorney filed an appeal;
      • 被告是否已取保候审或以其他方式获得保释
      • outcome of the appeal within 24 hours of receiving notice;
      • Time and place of appellate court proceedings within 24 hours of notification; and
      • The result of the appeal.
        检察官应当向被害人简要说明上诉理由
        process. 如果案件被退回审判或下令重新审判，受害者也有同样的权利
        rights as previously requested. [MCL 780.828].

Crime Victims Compensation & Civil Suits

  • Crime Victims Compensation Expand dropdown
    • As a victim of a crime, you may be eligible for monetary assistance. Assistance may include: compensation for medical expenses, counseling, rehabilitation, 以及由犯罪直接导致的伤害造成的收入损失. Claims should be filed within one year; however, 对于遭受性虐待的儿童，以及有正当理由的请愿，有例外. You can get a claim form from Crime Victim Services Commission, the local Prosecuting Attorney, any State Police post, or from SafeHouse Center.
    • Below are the law enforcement considerations that must be met to receive victim’s compensation: the crime must be reported to a law enforcement agency within 48 hours unless there was a good cause for the delay. This provision is waived for child victims. The victim must be willing to cooperate with law enforcement agencies, the prosecutor, and the Commission.
    • The SAFE Response program, which is administered by the Crime Victims Compensation board, will also pay for your medical forensic exams. The following link contains additional information about the Crime Victim’s Compensation Board and a downloadable SAFE Response Claim form: http://www.michigan.gov/mdch/0,1607.7-132-2940_3184-209187--,0.html. See Chapter Three for more details about the SAFE Response program.
    • 如果你在完成文书工作方面有困难，安全之家中心可以帮助你
  • Civil Suit Expand dropdown

    You have the option of filing a civil lawsuit. By doing this, you could possibly be awarded monetary damages. Here are some key points to keep in mind about this option:

    • You will need to hire an attorney.
    • 你不必为了提起民事诉讼而提起刑事诉讼.
    • You will be the Plaintiff and the perpetrator will be the Defendant.
    • The process can take 2-5 years to complete.
    • If the defendant is found guilty in the criminal trial, 在民事审判中唯一的问题是你应该得到的损害赔偿的种类和数额.
    • 如果被告在刑事诉讼中被判无罪，或者没有犯罪行为
      proceeding, then the plaintiff only needs to prove that the defendant committed wrong by a “preponderance of the evidence”, rather than beyond a “reasonable doubt”. “证据优势”假设某件事发生的可能性大于没有发生的可能性, or that something is over 50% likely to have happened, 而“合理怀疑”则假定没有合理的理由不相信.” Therefore, 一般来说，证明“证据优势”比证明“合理怀疑”更容易.
    • Your sexual history may be brought into the trial. The goal of a civil suit is to compensate the survivor for injury caused by the action of the defendant. If the defendant is found responsible in the civil action, an award of damages may be compensatory, punitive, or both. 补偿性损害赔偿的目的是赔偿受害人所遭受的损失. 惩罚性赔偿的主要目的是惩罚和震慑犯罪分子或第三方.

Stalking

If you were assaulted by someone that you know, you may be at risk of being stalked or harassed by the perpetrator or by friends or family of the perpetrator. If the person who assaulted you was a stranger, the chances of being stalked by him/her are less, but still possible.

  • Michigan’s Anti-Stalking Laws Expand dropdown
    • Stalking: This is a crime defined as a willful course of conduct involving repeated or continuing harassment of another individual that causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. 这种罪行是一种轻罪，最高可判处一年监禁或1000美元罚款，或两者兼而有之. 如果受害者是未成年人，犯罪者比受害者大5岁或以上, 这种罪行是重罪，最高可判处5年监禁或10美元罚款,000 fine or both. [MCL 750.411h].
    • Aggravated Stalking: This is a crime that includes the factors listed above plus one of the following aggravating factors: making credible threat of injury, violating a Personal Protection Order (PPO), violating a bond condition, or having a previous conviction for stalking. 这种罪行是重罪，最高可判处5年监禁或罚款1万美元. 如果受害者是未成年人，犯罪者比受害者大5岁或以上, 这种罪行是重罪，最高可判处10年监禁和15美元罚款,000 fine. [MCL 750.411i].
  • What To Do If You Are Being Stalked Expand dropdown
    • Report harassing/uninvited contact to your local police department. Even if the police cannot take any action at first, reporting the incident will begin to document the history of stalking.
    • Plan for your safety. Tell your co-workers and neighbors what is going on. Get a cellular phone if you can. Teach your children how to call 911. Consult The Women’s Resource Center or SafeHouse Center for safety planning that is specific to your situation.
    • Keep a log of all the harassing incidents. Include the time, place, and description of the incident, as well as any witnesses to the incident.
    • Get a Personal Protection Order (PPO). You can fill the paperwork out on your own, have someone at SafeHouse Center assist you, or retain an attorney.
  • A Personal Protection Order (PPO) Expand dropdown
    • 禁制令是法院向跟踪者发出的禁止某些活动的命令. If the stalker violated the order they could be sentenced up to 93 days in jail and/or a $500 fine.
    • A PPO Can Prohibit the Stalker From Any or All of the Following: Entering the property where you live or work, appearing within your sight, following you, assaulting you, threatening you, calling you, possessing or buying a gun, or any other conduct that interferes with your personal liberty.
    • Who Can Get a PPO? If you currently have, or have had in the past, one or more of theb following relationships to the perpetrator: spouse, dating, have a child in common, or reside in the same household OR if the stalker is a stranger and has committed any of the prohibited behaviors listed in the above paragraph.
    • Filing for a PPO: The paperwork is available at the county clerk’s office. 你可以自己填写，让安全屋中心的人帮你填写，或者聘请律师. 你可以要求法官在PPO上签字，而不必上法庭. 然而，法官可以下令进行审判，以证明为什么应该发出临时保护令. The PPO goes into effect immediately when the judge signs it. If there was no trial and the PPO was signed by the judge, the stalker will have 14 days after they are served to request a trial. If the judge does not sign the PPO, they are required to give a written reason for why they did not sign it.

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