Teens - Date/Acquaintance Rape

STEPS IN THE PROSECUTION
OF A SEXUAL ASSAULT
Investigation * Warrant/Summons * Arraignment * District Court
Omnibus Hearing * Plea Negotiations * Trial * Sentencing

I.  Investigation
           

1. The police department or sheriff’s office investigates to determine if there is enough evidence to charge the suspect.
   
   
   1. The authorities will prosecute every case where there is sufficient evidence.
2. 
   When the investigation has been completed, the evidence is turned over to the county attorney’s office.

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II.  Warrant or Summons Issued

1. A formal complaint is lodged by the county attorney’s office, where the defendant is summonsed into court or a warrant for the offender’s arrest is issued by the court (with law enforcement’s signature).

1. After the arrest has been made, the suspect is lodged in the county jail.
2. If s/he gets a summons, it states when s/he must be in court.
3. The county attorney makes the initial request for either summons or warrant, and the court makes the final decision of whether a warrant is issued.

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III.  Arraignment

1. The suspect’s initial court appearance is at the arraignment, which is held in District Court, usually within 36 hours, if the suspect is being held in jail.


2. Present are the defendant, judge, and the party issuing the complaint (a representative from the county attorney’s office.)
   
   
3. The defendant is advised of the right to have an attorney, etc.  If the defendant cannot afford to hire an attorney, one is appointed by the court.
   
   
4. The defendant, at the time, can enter a plea, and bail (if any) is set and conditions of release are set.

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IV.  District Court (everything is in district court now – no distinction)

1. After the arraignment, the case is set for a Rule 8 appearance.
   
   
2. The defendant again enters a plea (usually the same plea) and the defense attorney may move to have the bail lowered (a plea may still not be entered.)
   
   
3. A demand for Discovery may be made at this time.
   
   
   1. The defense is allowed to see the police report and other evidence that will be presented, in order to know what evidence prosecution will present.
      
      
4. As well, the prosecution is allowed knowledge of the defense which will be presented.

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V.  Omnibus Hearing

1. The omnibus hearing is held within 28 days of the first appearance in district court.
   
   
2. At this time, the defendant can demand that evidentiary questions are answered, such as:
   
   
   1. Has probable cause shown:
      • that the offense was committed?
      • That the suspect was the assailant?
   2. If there was a confession, was it obtained without violating the rights of the defendant?
   3. Was search and seizure executed properly?
   4. Were proper identification procedures used:
      • If a police lineup was used, and was it fair to the defendant?
        
        
3. Present at the omnibus hearing are the defendant, defense attorney, county attorney (or representative), judge, and the person(s) investigating the case.
   
   
4. The defendant may waive the right to an omnibus hearing, in which event s/he will then stand trial.

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VI.  Plea Negotiations

1. Pleas negotiations can occur at any time.
   
   
2. The defendant will be more likely to plea bargain if s/he feels there is a good chance of conviction, so as to minimize the severity of the sentence.
   
   
3. The prosecution will be more like to plea bargain if the victim is young, developmentally disabled, or too emotionally distraught to testify.  Also, the prosecution must take into account the sufficiency of all the evidence, and not just the availability or ability of the victim to testify.

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VII.  Trial

1. The defendant may waive the right to a jury trial and be tried by the judge.
   
   
2. A jury is selected from a panel of 80, 20 of which are called in and seated.
   
   
   1. All prospective jurists are interviewed to determine their suitability to sit on the jury.
   2. The defense may dismiss five prospective jurists for any reason.
   3. The prosecution may dismiss three prospective jurists.
   4. The jury is composed of 12 jurists.  The court may decide that an alternate be selected if the trial is longer than a day.
      
      
3. The trial begins with an opening statement by the prosecution.  The defense may than make an opening statement, or they may wait until the prosecution has finished presenting its case and the defense is ready to begin theirs.
   
   
4. The prosecution then presents its case.  Evidence of the crime is presented and witnesses are called to testify.
   
   
   1. Statements of the defendant to anyone can be used as evidence, provided it is firsthand and not hearsay.
   2. Medical evidence can be helpful to the prosecution.
      
      
5. The defense then presents its case.
   
   
   1. The defendant has the right not to testify.
      
      
6. After the defense has presented its case, the prosecution then has the opportunity to present any rebuttal evidence or witnesses.
   
   
7. Closing arguments are presented, first by the prosecution (there is no rebuttal by the prosecution in closing arguments.)
   
   
8. The judge instructs the jury as to what options they have.  The jurors will then proceed to the jury room for deliberation.

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VIII.  Sentencing

1. If the defendant is found guilty by a unanimous vote of the jury, the judge will set the date for sentencing, usually within 30 days of conviction.
   
   
2. The judge will also order a presentence investigation, which is required by law in all sex offense convictions.
   
   
3. The sentence depends on the severity level of the offense, the criminal history of the defendant, and any mitigating or aggravating factors.
   
   
4. The defendant could either be committed to prison or receive a stayed sentence.  A stayed sentence would likely require the defendant to serve local jail time and fulfill conditions of probation, such as treatment.

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