CHAPTER SEVEN
Page 1 Page 2
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.
Page 1
Page 2
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
|