A/N: Ok, so I wasn't going to write the trial but it just sort of happened. Now, I'm not a lawyer but I have spent time for work experience in courtrooms so I hope this is relatively believable. And if not, constructive criticism is always welcome. Politely phrased, of course.

It was Sunday night and Emma was sitting on the edge of the bed, regarding the new dress and blazer hanging on the front of the wardrobe. In less than twelve hours, she'd be sitting in court as the charges against Killian Jones were read aloud and her life would change forever. Gregory Hades had offered one last desperate deal the previous Friday but James Nolan had rejected it, assuring Emma that the only reason he was doing so was because he was confident they would get a conviction from the jury. Emma, however, wasn't so sure.

Killian Jones had been born with a silver spoon in his mouth. His father was already a prominent Navy officer and his mother a notorious New York socialite. Every year since his birth, the family wealth simply grew and grew. As the only son of the powerful couple, Killian had gotten everything he had ever asked for. Spoilt, entitled, and richer than Emma could even imagine being, his life had taken a turn when he reached Yale University and he began to drink, take drugs, and generally go off the rails. After years of bad behaviour, his father had sent him to a rehabilitation centre and he had since been clean. Well, at least from drugs. He still drank at times, although Emma wasn't sure if this was common knowledge but she knew it to be true. The other facts, Emma had found out when she had googled her attacker. She hadn't told Regina, though.

And then there was Emma. Abandoned by her unknown biological parents, shunted from foster family to foster family for seventeen years until she finally had enough and ran away. Ending up in prison mere months later. Pregnant. Regina didn't know about that either. She was grateful she had never really suffered from stretch marks and the few she had faded quickly. And then ending up on the streets of New York, selling her body just to get by. Raped by her customers because they believed they could do what they wanted to her. Yeah, that was Emma Swan.

So who in their right mind would believe that Emma stood a chance in court? Emma certainly didn't. But Regina, David, and James all did. And they were the lawyers, after all. But Emma couldn't stop the negative thoughts even though the three of them constantly reassured her about the strength of her case. She was a pessimistic person, she knew that. And she had never won, never succeeded, never come out on top because life had never really worked out for Emma. Not until she met Regina. And even that, she knew, could come crashing down in an instant.

Ever since Killian had let on that he knew about Emma's son, she had debated telling Regina. She wanted to be the one to tell her, after all. But so far she hadn't been able to bring herself to do it. She was, somewhat naively, hoping that Killian wouldn't bring it up during the trial. After all, she didn't see what bearing it had on the rape case. The fear, however, was still there.

She jumped when Regina knocked softly on the door a few minutes later. Offering her girlfriend a weak smile, Emma beckoned the brunette in, patting the bed beside her and draping her arm around Regina's shoulders when she sat down.

"It's going to be fine," Regina murmured, resting her head against Emma's. "Everything is going to go as planned and James is going to do exactly what he says. By the end of the week, Killian Jones will be locked in a cell at Rikers and won't be breathing fresh air again for years."

Emma nodded her head but said nothing. She wanted to believe Regina. She really did. But it was hard after a life of disappointment and being let down to trust that anything would work out for the best. She and Regina got ready for bed in silence and snuggled down under the covers. Regina fell asleep quickly, as usual, but Emma lay awake for hours, holding the brunette close to her as her mind worked relentlessly over the trial details until she finally, exhaustively, drifted off.

"You ok?" Regina asked as they pulled up outside of the courthouse the following morning.

"No," Emma whispered back, her hands gripping Regina's almost painfully tightly.

The steps were already filled with reporters and she could see James Nolan waiting at the top, scanning the street for his client. Emma was that client. This was the day when she was finally going to get justice for herself. Regina leaned over and kissed her softly on the lips. Emma was glad of the blacked out windows because she needed that contact, that reassurance. She wrapped her hand around the base of Regina's neck and pulled her in for a longer, deeper kiss, trying to calm herself with the familiar touch.

"I love you," Regina breathed out when they broke apart.

"I love you too," Emma nodded.

She kissed Regina once more before opening the door and swinging her legs out onto the sidewalk. Regina followed and together the two of them hurried up the steps, through the pushy crowds of journalists and to the safety of James who ushered them inside and down to a private room at the end of a long, grand corridor.

There they waited for over an hour. Despite Regina's and James' assurances that courts always ran behind schedule, Emma couldn't help but feel like something was wrong. Or perhaps she was hoping something would delay or stop the trial. But soon after ten thirty, an usher came to escort them into the court room where she and Regina sat side by side on one of the benches and James took his place at the desk. The rest of the morning was a blur to Emma. Legal terms were thrown around and James and Hades argued bitterly about trivial pieces of evidence and the formation of the trial. During the lunch break, Regina explained that everything was going as expected and the first pieces of evidence would be presented after the break.

"But we won't be there for that," Emma said, remembering what James had said about the way the trial would work. As the victim, and Regina as a witness, they wouldn't be in the room for other testimonies.

"No," Regina said. "In fact, we don't even have to be here. You're not taking the stand until Wednesday and I'm not scheduled to appear until Thursday so you can go home now if you like. I'll come too."

"No, you go to work," Emma replied. "I'll be fine here."

"Honestly Emma, you don't have to stay here. James can call you later and tell you anything you might need to know."

Emma bit her lip, looking more like the lost girl Regina had first met on the streets all those months ago than the confident young woman who now lived with her. Regina knew her girlfriend too well. She knew Emma wanted to go home.

"I'll call Graham and he can come to pick you up here and take you back to the apartment," she said, slipping out of room to use her cell and leaving Emma alone with her thoughts.

Tuesday crawled past at a snail's pace. Emma sat in the penthouse, trying to distract herself from the following day. James called her at lunch time with an update on how the day was progressing. Good, apparently. And August was due to take the stand that afternoon. After lunch, she even got out Regina's laptop and began typing up one of her Marlo stories she had told Henry the weekend before. Only to distract herself, of course. When Regina returned home from work, she found Emma and Henry hidden within yet another legendary pillow fort. "Literally hiding away from the world?" Regina had asked when she crawled into the space where her two favourite people were nestled, reading a monkey fact book. "Perhaps," Emma had replied, kissing Regina lightly and pulling the brunette into her arms.

The drive to the courthouse on Wednesday morning was the longest of Emma's life. She twisted her hands in her lap, picking at her pale pink nails which she had reluctantly let Regina paint the night before. Slender, tanned fingers laced through hers as they pulled up outside the regal, marble building. Emma took a deep breath and opened her door. Cameras were pushed into her face and clicks and flashes reverberated around her. Regina spat insults at the journalists as she ushered Emma inside as fast as possible.

"I hate them," she muttered as she and Emma entered the room where James was waiting to escort Emma into the court room.

"How are you feeling?" James asked, looking up from his notes as the two women entered.

Emma didn't speak. She didn't trust herself not to throw up if she did. Regina spoke for her, asking the questions she knew Emma wanted the answers to and running through James' questions one final time.

"And then Hades will get his turn to ask you questions," James said, his voice soft and reassuring. "But I'll be ready to jump in as soon as he steps a toe out of line."

"Me too," Regina piped up.

James couldn't help but chuckle. "You and I both know that would be thoroughly unhelpful, Regina. Trust me, I'm going to make sure nothing happens to Emma on that stand. Hades would just risk alienating the jury if he went after her too hard anyway."

"I don't trust him," Regina shrugged. "Emma, just say the word and I'll step in and we're leaving. Ok?"

Emma nodded mutely. She knew Regina would do anything in her power to make sure her testimony went as well as it could. She trusted her girlfriend to swoop in and save her at the slightest sign of trouble. But she also trusted her lawyer to do what was best for her. Just as James was about to speak, there was a tap at the door.

"We're ready for you, Nolan," said a court official, sticking her head around the doorframe.

"Thanks," James said. "Shall we get going?"

Emma nodded and stood up. She reached for Regina's hand and their fingers intertwined at once. Together, the three of them walked down the opulent corridor and into the wood panelled courtroom.

It was packed. Far busier than it had been on Monday. Regina slipped onto a bench and James and Emma continued up to the front. She glanced at the judge, a stern-looking black man who was perusing some papers rather than watching Emma approach. When she climbed into the witness box however, he turned and smiled at her. She felt slightly better. But her stomach was still twisting and contorting in anticipation, uncertainty and apprehension flowing through her veins. Emma glanced at the jury, seven women and five men stared back at her. She blushed and looked away, smoothing down the front of her new dress before the sound of James' voice made her raise her head once more.

The legal jargon flew over her head again but the next thing Emma knew she was placing her hand on a bible and swearing on a book she didn't believe in to tell the truth, the whole truth, and nothing but the truth.

"Emma, can you please tell the jury how you first came to New York City?" James said, smiling at her encouragingly.

"I arrived here just over a year ago. I was … getting away from a bad break-up," Emma replied.

"And what did you do when you got here?" James asked.

"Looked for work," she said. "But it was difficult to find anything."

"And why's that?"

"Because I have a criminal record," Emma said. James had told her it was best for the jury to hear this from her as soon as possible. Hiding it would only offer it up as ammunition for the defence. "I spent a few months in prison for handling stolen property after an ex framed me whilst he got away."

"I see," James nodded. "So, would it be true to say you have bad taste in partners?"

There was a titter from the jury and Emma managed her rehearsed smile. She glanced at Regina before answering.

"I suppose so."

Regina ducked her head, hiding her smirk. Emma had apologised profusely for what she was going to say in regards to her choice in partners. Her fingers, tongue and lips had been used to assure Regina she was not at all regretting her current decision to date the beautiful brunette.

"So you couldn't find work. You didn't know anyone in the city. You had just gotten out of a bad relationship. What did you do?"

"I did what I had to in order to survive."

"What do you mean by that Emma?"

Emma looked to the jury, as James had told her to. "I did the only thing I could to get money. I had to sell the one commodity I had. Myself."

"You saw yourself as a commodity?" James asked.

"Yes," Emma replied. "I had something men wanted and were willing to pay for. I didn't want to do it but I had no other choice."

"And how did you meet the defendant, Mr Killian Jones?" James asked, waving his hand to indicate the man whom Emma had so far avoiding looking at.

"He was a customer, I suppose," Emma said, glancing at the man sitting stonily on the far side of the courtroom, an expensive suit and a fresh shave doing little to hide the cold glint in his eyes. "I think he became one of my regulars in July, until I stopped in November."

"Why did you stop?"

Emma swallowed. "I was raped by a client. I knew I had to stop what I was doing if I wanted to live."

"I'm sorry to hear that," James said. "But this rapist isn't sitting in this court room now, is he?"

"Not from that night, no," Emma replied.

"So tell me about the night Killian Jones first raped you."

"Objection."

Emma's eyes snapped to Hades as he leapt to his feet. "My client is on trial for attempted rape. Nolan is clearly trying to bias the jury by bringing up past, irrelevant incidents."

Irrelevant? Emma's eyes burned with anger as she looked at him but she quickly turned back to James who was apologising to the judge and assuring the jury they could disregard the question.

"So you stopped working as a prostitute last November and yet your relationship with Mr Jones continued?" James amended.

"Yes," Emma nodded. "He was … well, he was one of my nicer clients at the time and offered to pay me twenty dollars for a weekly meeting. I still needed the money so I agreed. Until February when, well, yeah, until February."

James smiled at her. Without saying anything, the jury would know exactly why Emma and Killian ceased to meet in February.

"But you ran into Mr Jones at a charitable event in April, correct?"

"Yes," Emma nodded. "I was attending a function and Mr Jones was there. It was the first time I had seen him again since … February. He was drunk. He forced me to accompany him into a closet near the bathrooms."

"And you went willingly?"

"No," Emma said. "I tried to get away."

"But you didn't call for help?"

"I was a former prostitute at a fancy charity event," Emma said. "I didn't feel I was able to make a scene, not without embarrassing myself and those whom I was with."

"But you said no?"

"Yes," Emma replied. "I tried to tell him to let me go but he didn't. As soon as he closed the door of the closet, I said no. I tried to push him off me but he was too strong."

"Why didn't you cry out?"

"He had his hand over my mouth," Emma replied.

James picked up a small remote from the table and pointed it towards a large screen which flickered to life. Emma gasped. She had never seen the picture so big before.

"This is Exhibit 2.13," James said to the courtroom at large. "A photograph of the victim's mouth where you can observe a bruising pattern from a large hand exerting force against her skin. And here," he clicked again and the image changed, "in Exhibit 2.14 is the victim's neck. Once again, the outline of fingerprints are seen against Miss Swan's skin. Emma, why were Mr Jones' fingers around your neck."

"He stopped me shouting for help," Emma said, her eyes sparkling with tears at the memory and the vivid pictures. "I couldn't breathe when his hand was there. I couldn't do anything but let it happen."

"But he didn't succeed in raping you," James continued. "What did happen?"

"No, he didn't rape me that night," Emma said. "He had … unbuckled his belt and p-pulled out his … his penis." Emma swallowed thickly and wiped her eyes with a trembling hand.

"Do you need a break?" James asked.

"No, thank you. I'm fine," Emma said, reaching out to take a sip of the water cup on the stand before her. "Um, yeah. He was about to … rape me, when the door of the closet opened and we were mercifully interrupted."

"Who by?"

"David Nolan and Regina Mills."

"And both are testifying tomorrow as to what they saw. What is your relationship to each person?"

"David was introduced to me by Regina and he helped get my parole details transferred from Tallahassee to New York. In fact, he took me to Killian's office because he's a parole officer. Or he was." Emma left it unsaid that Killian had been suspended from his duties. "And Regina is my girlfriend. She's the one who persuaded me to bring charges against my rapist. She was the one who made me see that I deserved justice and shouldn't be afraid just because the man who violated me comes from a rich family."

Emma looked directly into Regina's eyes as she spoke and saw the brunette quickly wipe a fallen tear from her cheek.

"Girlfriend? So you're gay?"

"Yes," Emma nodded turning her attention back to her lawyer.

"So why were you working as a prostitute for men?" James asked.

"It's much easier to detach when you're not remotely interested in whoever is with you," Emma explained. "It was just a job, nothing more. I never wanted to do it. I don't think anyone ever wants to do it. But I found that if I only … serviced men, I felt somehow like I was keeping my true identity intact. They would never know the real me. They didn't deserve to know the real me."

James nodded his understanding. "So after David and Regina found you, what happened?"

"Killian tried to get dressed as fast as possible. He told David I had asked him to come into the closet with him. But everyone knew he was drunk. We could smell it. He still has a drinking problem and he was drunk most of the times when I met him before that night too. Although at the time I didn't know he was an alcoholic."

"Objection," Hades said, jumping to his feet. "Irrelevant."

"On the contrary," James said quickly. "I believe the consumption of alcohol to be highly relevant. It lowers inhibitions, makes people reckless, and speaks to the defendant's character."

The judge surveyed the two lawyers and then Emma.

"I'll allow it," he said, waving his hand towards James who nodded his thanks before turning back to Emma.

"Ok, so Killian said you had wanted to have sex with him in the closet at a fancy charity function. Correct?"

"Yes."

"But you're gay?"

"Yes."

"And in a loving, committed relationship?"

Green eyes met brown. "Yes."

James flicked through his notes. "The rape kit performed on you that night at the hospital showed semen on the inside of your upper thighs which was a match to the defendant. It also showed slight bruising at the entrance to your vagina. What caused that?"

Emma swallowed. "He tried to force his fingers into me before he used his penis. I didn't want it. My body didn't want it. He … he hurt me."

"Thank you," James said. "And thank you for taking the stand today, Miss Swan. You've been very brave."

James sat down and turned to watch as Hades got to his feet.

"Miss Swan," he said in a low drawl. "Thank you for coming here today and reliving what must be a very difficult story. So many details for you to remember and recount. Do you mind if I ask you a few more questions?"

"Go ahead," Emma said, her eyes slightly narrowed at man now standing mere metres away from her.

"Is it true that you were sent away from several foster homes during your youth for lying, stealing and general dishonesty?"

Emma's eyebrows rose. She felt the jury's attention zero in on her reaction and tried to school her features before she answered.

"Yes, but -,"

"And is it also true that you plead not guilt to a crime you were accused and found guilty of and subsequently admitted to?"

"Yes, but -,"

"And is it also true that you made your living selling your body to men and presumably managed to convince them that you enjoyed sex because, let's face it, you had your regulars and not many people like having sex with someone who isn't into it?"

"Yes but -,"

"So is it true to say that you're quite an accomplished liar, Miss Swan?"

Emma balked. "No, I would't say that."

"Really?" Hades asked, a menacing glint in his eyes. "Because I do believe you just said that you've already lied in court, you were repeatedly found guilty of lying throughout your childhood, and you're an expert manipulator of men. So tell me, Miss Swan, why should we believe a word you say now?"

"Because I wouldn't lie about something like this," Emma protested.

"But you've lied in the past?"

"Well, yes but -,"

"No further questions," Hades said, spinning on his heel and retreating to his desk where he sat beside a smug-looking Killian.

Emma shot a desperate look between James and Regina, both of whom seemed to be thinking hard.

"Redirect, Your Honour," James said, standing up.

Emma raised her eyebrows again. She didn't know what question to expect now. They hadn't rehearsed anything else other than what she had answered earlier.

"Emma. Why are you here today?" James asked, walking up to the witness stand and leaning his forearm on the edge.

"Because I finally have the confidence to speak out about what happened to me," Emma shrugged. "I didn't want to do this. I didn't want to be standing up in front of a room of strangers talking about one of the most humiliating moments of my life. I didn't even want to go and get a rape kit done. I just wanted to bury my head in the sand and pretend it never happened. But then I realised that if everyone like me did that, then people like him," she pointed at Killian, "would continue to get away with rape. I didn't report it the first time it happened to me. I don't even know that man's name. I didn't report it the first time Killian did it to me," Hades jumped to his feet but the judge held up a hand, silencing his protests, "but I knew after that day at the charity function I needed to do something. Too many people like me are taken advantage of by too many rich, white men like Killian Jones. Too many people like me don't speak out because we think the system will fail us. Too many rape victims never disclose because they're afraid of people not believing them, or they're afraid of the way they'll be treated in a courtroom. But I realised it was worth it when I recognised I had a chance to make this city, this country, just a little bit safer."

"Thank you," James said, a soft smile on his lips. "No further questions."

Once back at the penthouse that afternoon, Emma didn't eat a bite of the lunch Regina cooked for her. She just sat on the couch and stared blankly at the television.

"It went well," Regina assured her for the millionth time.

"No it didn't," Emma replied. She might not have much experience of court but she knew Hades had done what he needed to. Plant the seed of doubt. Paint her, Emma Swan, as a liar.

"James was right to redirect, and you spoke beautifully," Regina said. "I was so proud of you up there today, my love, and everyone knew those words came from a place of honesty and truth. The jury will see that, I promise."

Emma didn't answer. Instead she just tucked her feet under her body and curled up on the couch. After a moment's hesitation, Regina sat beside her, pulling Emma into her arms and cradling her against her breast. She didn't return to the office that afternoon. Nothing in that moment was more important than being there with Emma, and that was exactly where Regina wanted to be.

If Emma thought Tuesday dragged, then time on Thursday seemed to running backwards. Every sound made her jump and she spent most of the morning staring at the door waiting for Regina to walk through it. She had picked all the nail varnish from her fingernails and was chewing nervously on the edge of her thumb when the sound of a key entering the lock finally reached her ears.

"Why didn't you call me?" Emma exclaimed before Regina was even though the door. "Did it go badly? Oh God! It did, didn't it? That's why you didn't call. I knew this was a bad idea. I knew -,"

"Emma," Regina interrupted, stopping her pacing girlfriend and pulling her so they were face to face. "It went great."

"Really?" Emma breathed out.

"Really," Regina assured her. "Come on, did you really think I wouldn't be able to handle myself on the witness stand. And David too. He said his testimony was exactly as he had hoped."

"So why didn't you call?"

"Because my battery went flat," Regina explained. "Henry was playing with it on the way to nursery this morning and I neglected to close all the background apps. That one with the particularly annoying penguin song ran the battery down to two per cent by the time I realised and then I had to testify. I'm sorry you were worried, but I promise you this is going to work out."

Emma took a deep breath and then collapsed into Regina's waiting arms, her whole body wracking with sobs and the emotional drain of the week exploded from her. She had never been through anything like it in her life and had no desire to repeat the experience. Regina held her as she cried, rocking her gently and wrapping her arms tightly around her girlfriend. Eventually, they found themselves on the couch, both crying softly but for different reasons.

"What now?" Emma asked. "What happens now."

"Killian takes the stand this afternoon and then the jury will retire for their verdict. They could be back as early as tomorrow afternoon or it could take a week or more."

"Is long or short better?"

"Hard to say," Regina admitted. "And don't forget, I'm not a criminal lawyer."

"But what do you think is the better sign?" Emma pushed. She wanted, needed, her girlfriend's opinion.

"Shorter is usually more definitive," Regina said. "Either way, really. If they're sure someone is guilty, it won't take long. And if there's a lot of doubters, they'll also come back quickly. Longer deliberation usually means one more two of the jurors have doubts. And we don't want doubts."

"Do you think they'll have doubts?"

"I don't have any," Regina shrugged.

"That's not what I asked," Emma said, a little reproachful.

Regina sighed. "Honey, I don't know what's going on in their heads. I'm hardly unbiased here, am I? I know I don't want them to have doubts. And I know I don't have any doubts. But aside from that, I can't predict."

When the phone rang at half past three, Regina untangled herself from Emma's arms where she had been for almost four hours and answered, putting James on speakerphone at once.

"They've retired to consider the verdict," he said. He sounded tired. Emma wasn't sure if that was a good or bad thing.

"How did Killian's testimony go?" Regina asked.

"I think he'll be regretting taking the stand," James said. "He was certainly sweating bullets by the time I finished with him."

Regina smiled sideways at Emma. She knew James Nolan could be a shark in the courtroom. It was the reason she had hired him to represent Emma.

"How long do you think we'll have to wait for the verdict?" Emma asked.

"No idea, I'm afraid," James said. "But I'd like a word with you, in private, if you wouldn't mind, Emma."

The blonde took the phone from Regina and clicked the speakerphone off, standing from the couch as she did so.

"Everything ok?"

"Yeah," James said. "I don't think what I'm about to say will affect the trial. It was just something you hadn't mentioned which Killian brought it. It's irrelevant, to be honest, and I don't think it will matter to the jurors but it is now public record and I wasn't sure whether Regina knew."

There was a sinking feeling in Emma's stomach, her face went white and she leaned back against the hallway wall.

"Phoenix?" she asked in little more than a whisper.

"Yeah," James nodded. "I guess he had your medical records from when my brother referred you as a parolee. I don't see why it was relevant and I did say as much. But it's on the record and I figured since you hadn't told me, maybe people don't know?"

"No," Emma murmured. "They don't."

"Then it might be time to tell a certain someone," James said. "I suppose you want her to hear it from you."

Emma nodded and then remembered James couldn't see her. "Yes, thank you for everything James. Is there anything else or -,"

"No, go. I'll let you know as soon as I hear anything."

Emma hung up and walked back into the living room.

"Everything ok?" Regina asked, smiling brightly.

Emma didn't know how to reply to that. No, everything was not ok but it was probably about to get a whole lot worse. But before she could answer, Regina got up and grabbed her handbag.

"I need to go and get Henry. Do you want to come?"

Emma hadn't realised how late it had gotten. "No, I'll stay here and get started on dinner. See you in a bit."

Regina nodded and kissed Emma lightly before sweeping out into the corridor, calling 'I love you' just before the door shut behind her. Emma sank onto the couch once more and put her head in her hands. Everything she knew, everything she loved, could be ripped away from her in just a few short hours. How was Regina ever going to forgive her for abandoning her son? Regina, the woman who adopted someone's unwanted child and who clearly thought anyone who gave up their own flesh and blood was a monster.

Emma was a monster.

A/N: leave angry comments about the cliffhanger or your general thoughts on the trial in the box below please …