As a victim of sexual assault,
you may choose whether or not to report the attack to the
police, and whether or not to prosecute the assailant.
Understand that the legal system exists to protect you
and to ensure that justice is served.
The legal system can be confusing and frightening. The
Rape Crisis Center has a victim advocate who will help
you through the court system. This advocate is not an attorney
but is available to provide information and support every
step of the way. You can reach the Rape Crisis Center advocate
by calling 233-7273 or 1-888-241-7273. Remember, you do
not have to go through the court process alone.
The information that follows will help you to know what
happens after an attack is reported to the police.
Police Questioning
Think about every question. Answer only those questions
which you understand and to which you have clear answers.
Ask the police to explain anything you do not understand.
You have the right to read over everything in the police
record. You may even write your own version to be added
to the police report if you are not satisfied with their
version.
Even if you don't want to prosecute, it's important to
tell the police all the details of the assault. The information
you provide may help police to determine a repeat rapist's
pattern, which may help them capture a rapist, or target
a high risk area for increased patrols.
Investigation
During the course of the police investigation, you may
be asked to look at pictures of possible suspects or to
look at evidence. If a suspect is detained, you may be
requested to identify him in a lineup.
The Criminal
Justice System and Felony Cases
The crimes of rape, attempted rape, child
molestation, and incest are classified as felony cases
under Georgia
law. A felony is a serious crime, usually punishable
by prison for a period of more than one year. Most
sexual assault cases involve the following steps through
the
criminal justice system:
Arrest
A warrant is the document giving police the authority
to arrest the accused and must be issued by a judge.
Victims
may be required to obtain a copy of the police report
and go to the Chatham County Courthouse for a warrant. Within 72 hours after the accused is arrested, he is arraigned
meaning his bond is set and a preliminary hearing date
is scheduled.
If the accused is able to pay bond (bail),
he will be released from jail.
Preliminary Hearing*
Usually within one month after the arraignment,
the preliminary hearing is held. Witnesses (including the
victim)
are usually subpoenaed to appear at the preliminary
hearing.
At that
time, the judge listens to the testimony to decide
if there is probable cause for the case to go (get
bound over) to
a higher court. If the judge finds there is probable
cause for the case to go to a higher court, then
misdemeanors (less serious offenses) are sent to State
Court, and
felonies
(more serious crimes) are sent to Superior Court.
Grand Jury
After the preliminary hearing, the case is assigned to
an Assistant District Attorney. The next event is a Grand
Jury Hearing. This may be two months or more after the
preliminary hearing depending on the county where the case
is being prosecuted. At this time, twenty-three Grand Jurors
hear testimony from any witness the Assistant District
Attorney subpoenas to decide if there is enough evidence
to indict (formally charge) the defendant. The hearing
is conducted in private. Neither the defendant nor his
attorney is present.
Calendar Call
If the Grand Jury indicts
the defendant, the next step is a calendar call. At this
hearing, the
defendant or
his attorney appears before the judge and indicates
whether he plans to plead “guilty” or ask for
a jury trial. No witnesses need be subpoenaed to this hearing.
Plead
If the defendant chooses
to plead, a plea hearing is held. If the defendant pleads “guilty” to
the charge, the judge may sentence him then or at a later
date. Witnesses
need not be subpoenaed to the plea hearing.
Pre-Trial Conference
If the defendant plea “not guilty” and
requests a jury trial, a pre-trial conference is usually
the final
hearing before the trial. At the pre-trial conference,
the two attorneys appear before the judge and decide
any legal questions (motions are filed, for example)
and a
tentative trial date is set.
Jury Trail*
A jury of twelve citizens
listens to testimony and determines whether the defendant
is “guilty” or “not
guilty.” All 12 must agree the defendant is “guilty
beyond a reasonable doubt” for there to be a
conviction. Witnesses are subpoenaed to jury trials.
The judge may
sentence immediately after conviction or may order
a PSI (pre-sentencing investigation).
You Are a Witness
Legally as a victim
of crime you are considered a witness
for the state. You do not need to have a lawyer. The
District Attorney’s office will handle the prosecution
of your assailant. The Assistant District Attorney handling
your case will answer any legal questions you may have
once the case has been bound over to Superior Court.
It is important for you to stay in close contact with
the District Attorney’s office or the Rape Crisis
Center advocate so that you are informed and know when
your presence is needed. Be sure to contact them if you
change your address and/or phone number so they will
be able to get in touch with you when needed.
*Victim may be required to be present and testify at these
steps.
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