Can a witness get a restraining order?

[Learningtobehappier]

Hi,

Ive had a thread which gives a rough idea of the case, but basically at 17years old I was raped and the perpetrator also sexually assaulted an under 16 year old at the same time (all one incident) The under 16 has gone to the police and a case is being prepared for the CPS. I am a witness. I was groomed and married the perpetrator and left after 5 years of awful DV.

Im getting used to the idea that I may have to go to court. I was wondering, would I also be treated as a victim, or is the under 16 the only victim and im just a witness? And most importantly, as a witness, would it be possible for me to get a restraining order against him if he is found guilty?

Thanks

If he's found guilty he will in all likelihood be imprisoned so try not to worry. Do you mean that CPS are going ahead with the case?

Thank you for your reply. I hadn't really thought about him being imprisoned.

The detective in charge is preparing the file to put to the CPS. So I should know in the next week or 2 if the CPS are going ahead. He always made threats about what would happen if I spoke out, so im just really worried about speaking out against him in court.

Do the police know about the threats? If not younger to let them know asap.

They know about the threats. He's also had previous arrests for rape and sexual assaults. But this is the furthest a police investigation has got.

Yes, restraining orders can protect a witness

This must be very difficult and scary for you OP.

Rape Crisis will help anyone at any time, it does not need to have been a recent incident - they can help support you mentally as this process will kick up a lot of emotions. They can also advise of your legal options. You don't need to wait till a court situation to get a restraining order, for example.

Once you know if it's going to court and what status you'll be given, then a charity like Witness Support will be able to help you with the process, or your court may have advocates. Again, Rape Crisis will have info.

I can't speak to the victim/witness question, I suppose it depends on what the CPS thinks. The fact that you're there in either capacity will be incredibly important but in terms of how you're treated, actually it's not so different. A victim appears as a witness in a court case, they don't have a 'different' status iyswim? In the UK the prosecutor is acting for the state, not the victim.

Getting help can take a while because services are so overstretched so I'd say start looking at your options now.