Legal Aspects

A victim can often feel bombarded by the legal process surrounding Sexual Crime cases. I personally know how it feels to be in that situation and not knowing what to expect. I always felt thrown into another world and never knew what might be around the next corner. So, I have gathered a list of what victims can expect when they report their crimes to the police.


After a crime has been reported to the police, the following events take place.


Police Questioning

Police are trained to gather facts and are not usually trained to be sympathetic to the emotional trauma experienced by victims. This seemingly insensitive approach often upsets victims. Do not be caught off guard by this and try to answer every question with as much detail as possible. I would recommend that you offer a written statement so that you can put as much detail in your own words as possible. This will help to preserve your original recollection of the trauma, provide enough detail to possibly link this crime to others, and ensure that the investigating officer has all the information when submitting the report.



Investigation

There are many components involved in an investigation and this can be a very lengthy process. Victims often struggle with the fact that it is taking so long for the investigation to be completed and turned over to the District Attorney's office for prosecution. It can be helpful for victims if they understand that there are victim advocates involved in the system and they can help track the progress/status of an investigation. Part of the investigation may involve a forensic interview, a medical exam, a photo line-up, and having to re-live the trauma in order to help others fully understand what happened.




Arrest

Despite the fact that many may want the offender to be arrested immediately, police sometimes wait for the grand jury to indict them. Many police departments are understaffed and officers often lack training around working investigations involving sexual crimes. For a police officer to make an arrest there must be probable cause, in other words, they may have to complete their investigation before they make the arrest. If the offender is arrested too quickly, this could hinder the officers from gathering all evidence.



Arraignment Hearing

This is the first formal reading of the charges by the judge to the offender. This is usually done within the first 48 hours of the arrest. This is an opportunity for the offender to request legal representation, submit a plea, or possibly be given a bond. By the time of this hearing all matters of this investigation should be completed.



Preliminary Hearing

This is the second formal reading of the charges by the judge to the offender. Witnesses, including the victim, are usually subpoenaed for this hearing. Based on the testimony of all witnesses, the judge will determine if there is enough probable cause to bind over to the next higher court for the trial proceeding.



Grand Jury

Approximately 60 days after the preliminary hearing, the case will go before the Grand Jury. The Grand Jury is compiled of 23 individuals who hear testimony from select witnesses, sometimes this may include the victim. This jury will decide if there is enough evidence to formally charge the offender. It is important for victims to understand that neither the defendant nor his/her attorney will be present at this hearing, with the only exception being if the defendant is a police officer. Because this hearing is private, the general public will also not be allowed to observe this proceeding.



Bond hearing

Usually bond is either set or denied at the preliminary hearing. However, at the request of the offender additional bond hearings may be held. Victims do not have to appear at these proceedings.



Calender Call

At this hearing, the offender and their attorney appear before the judge and indicate a plea of guilty or not-guilty. If the offender pleads not guilty they may ask for a jury trial or bench trial. Witnesses are not required to attend this hearing.



Plea Hearing

Attorneys will negotiate sentencing options in order to obtain a plea of guilty from the offender. Once a plea of guilty has been submitted to the judge in a plea hearing, the judge may sentence the offender immediately or may wait until a later sentencing hearing. Victims do not always understand the necessity of offering an offender plea options. Plea options are offered due to District Attorney's caseloads, court proceeding backlog, mandatory minimum sentencing requirements that can be 25 years or more, and desire to prevent victims from having to go through the trial process.



Pre-Trial Conference

When an offender enters a plea of not-guilty, there is a final proceeding prior to the actual trial where the attorneys meet with the judge to file any motions, clear up any legal questions, and set a tentative trial date.



Jury Selection

Any registered voter, individual with a valid driver's license, person listed in a city directory, person listed on property tax rolls, persons listed in telephone directories, anyone with a registered vehicle, or a utility customer can be summoned for jury duty. Potential jurors must be 18 years of age, a US citizen, and are expected to be "intelligent and upright citizens of the county" (Unfortunately for many victims, this is not always the case). Ineligible jurors include: elected officials, convicted felons, and the mentally handicapped. The following are questions that a potential juror member may be asked: Have you or anyone in your family ever been a victim of this sort of crime? Are you or any member of your family in law enforcement? and other questions designed to determine if a potential juror would have any bias related to the case.



Jury Trial

This is generally the scariest, most intimidating aspect of the case for the victim. There are some things that may be helpful to the victim during this trying time: talking to a counselor about fears or anxieties, working with the victim's advocate, meeting with the prosecutor to prepare for questioning, drawing upon support systems (this may not always include family and friends), or understanding that the crime itself was the most difficult part. A jury consists of 12 members from the jury selection hearing. Like the victim, these are people too. Many of whom are survivors themselves or have family members who are survivors. These 12 members are ordered by the court to hear all evidence and reach a verdict of guilty or not guilty based solely on the facts of the case. The victim is generally expected to testify, however, the victim is not the only person who will testify in the case. There are many professionals (Interviewers, Law Enforcement, Medical Professionals, Advocates, etc.) and witnesses who will be testifying on behalf of the State. This in turn means that the case does not rest soley on the victim's shoulders. If the jury reaches a verdict of guilty, the judge may determine his or her sentence immediately or may order a pre-sentencing investigation. If the jury determines the defendant not guilty, the defendant is free to go and may not be tried again in this particular case, however, the victim can testify against the offender if he or she is ever charged with another crime. Although an offender is found not guilty by the jury, this does not mean he/she did not commit the crime nor that the victim is lying. This only means that all 12 jurors could not agree on a verdict (This could mean that one juror hangs the jury or has a undetected bias in the case) or the jury felt there was not enough evidence provided to determine a verdict of guilty. After a verdict is read, whether guilty or not guilty, it is important that the victim and their supporters refrain from an emotional/verbal response in the court room. It is also imperative that the victim continues their journey towards healing.




Exceptions

My case was different and did not follow the list above. After, I reported what happened to me, there was questioning and there was somewhat of an investigation, but it ended there. A few days after the attack, my father and I went to the Sheriff's Office and discussed the case with the lead investigator. He was not there and another officer said that there was not enough evidence to make an arrest and if any charges were filed it would be for Sexual Battery, which is a misdemeanor. Infuriated, my father and I went to the Magistrate Court to file for our own warrant. After we filed for a warrant it was time for us to find a lawyer to represent me. The first court hearing came up and the offender requested a lawyer to be present with him in the hearing. Court was postponed until the next month. The day came for the hearing to be continued and since the DNA report had not returned, the hearing was postponed yet again. The next hearing came and only part of the DNA report was back so the Judge postponed the hearing, yet again, until all DNA reports were back. When the DNA report came back it was finally time for the hearing to continue and to secure a warrant for his arrest. I testified to what happen to me on the night of August 22, 2007. DNA results were back and showed that he was in fact the perpetrator of the crime. The Judge, however, said there was not enough evidence for his arrest. Disappointed, angry, and depressed, my family and I walked out of the courthouse feeling helpless and alone. With no one else to turn to and wanting answers, we walked across the street to the District Attorney's office. We asked the secretary if he was in and she said he was out for the day, however, the Assistant District Attorney, Jan Kennedy, was in. We walked into her office and told her everything that had taken place over the past few months. She was enraged at how we were treated by the Magistrate court and said that she would take the case right away. After that the case began to follow the list. We had a Grand Jury hearing, Calendar Call, Plea negotiation, Pre-Trial Conference, and Jury Selection. We were set to go to trial the next day after jury selection, however, the original investigator was in an unfortunate farming accident and would not be able to attend trial to testify. The case was then put off until the next calendar month. A bond hearing was filed. He was denied bond and a trial date was set. We then had jury selection once again. After a jury was chosen on Monday, the trial was set to take place that Friday. There were two felony cases ahead of ours. The defendants in each case plead out to a lesser sentence and my case was moved up from Friday to Wednesday. The jury convicted him of Rape and Sexual Battery. He will spend the next 25 years in prison with no parole, life probation, and he must register as a sex offender.



Although many cases follow the list above, not every case will. However, maybe you will now have some insight on what to expect from the Judicial System.




HOME