CHAPTER SEVEN
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The Steps:

Step One Medical Exam and Evidence Collection

It is very helpful to have physical evidence and this is one of the important reasons to get medical attention. During the exam a Sexual Assault Nurse Examiner or doctor can check for physical injury and provide medical attention as well as gather evidence of the assault from the victim's body. If the police have not yet been called, the hospital can call them at this time to hand over the evidence and begin the investigation.

Step Two Reporting to the Police

When a report of sexual assault is first made, a police officer will take a statement from a victim about what happened. This can be done at the police station or at the hospital where the medical exam will take place. At a later time, a detective or investigating officer will interview the victim and ask more detailed questions about what happened. An arrest may be made shortly after a statement is given to the police, or the suspect may be summoned to appear in court at a later time. When the investigation is complete, the police department will turn the information over to the district attorney who will then decide whether or not to present the case to the grand jury.

Step Three Grand Jury

This is an informational hearing with no judge and without the perpetrator present. The grand jury is made up of about 20 jurors. The purpose of this hearing is to decide whether or not there is enough evidence to charge the perpetrator and move the case to Superior Court. If the Grand jury decides to charge the perpetrator, he/she will be called to Superior Court to plead to the charges brought against him/her. If the perpetrator pleads not guilty the case will go to trial.

Step Four Setting a Trial Date and Going to Trial

There are often relays and cases seldom go to trial on the first date set. The Victim/Witness advocate will keep the victim informed and will make sure they know when to be in court. When the case goes to Superior Court, the victim will be called to testify and will be questioned by both the District Attorney and the perpetrator's defense attorney. The District Attorney will be working to prove that the perpetrator committed a crime.

Step Five Victim Impact Statement

If the perpetrator pleads guilty or is found guilty at trial, the victim will have the opportunity to tell the court, both in writing, and in person, how the assault affected them. This is called a Victim Impact Statement, and the judge gives this serious consideration before sentencing the perpetrator.

Step Six Sentencing

Once all of the above are complete, the judge will determine a sentence for the perpetrator.

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Chapter One  •  Chapter Two  •  Chapter Three  •  Chapter Four  •  Chapter Five  •  Chapter Six  •  Chapter Seven  •  Chapter Eight  •  Sexual Assault Centers  •  Domestic Violence Projects  •  Table of Contents