Courtroom Procedures

If the sexual assault is reported to the police and the perpetrator is arrested, then the courtroom procedure begins. For many people who have not been involved in the criminal justice system, sometimes it can be confusing and frustrating. If a survivor decides to prosecute, they might make the following four appearances in court.

Preliminary Hearing

This is an optional probable cause hearing which the defendant may waive. If it does take place, it must be within five to fifteen days, depending on whether the defendant is in jail or out on bond. The victim must testify about what happened and then must be present for the hearing to occur. If the survivor does not appear, charges will probably be dropped unless the State decides to pursue the case.

Grand Jury

A closed probable cause hearing in front of a jury and a prosecutor. The survivor and the investigating officer will appear separately for testimony. The jurors then decide whether to issue an indictment on the defendant.

The Trial

If the defendant is indicted, the case is then scheduled for possible trial. The trial must take place within 90 days if the defendant is in jail or 270 days if the defendant is out on bond. If the defendant so desires, they may waive a jury trial, at which time the presiding Judge will decide the outcome of the case.

Sentencing

The court proceeding that determines a defendant's punishment for the crime in which he or she has been convicted at trial or plead guilty to. At this time, the survivor has a right to submit and/or read a Victim Impact Statement to the Judge. Punishment may include time in prison, community control sanctions with a variety of conditions and fines and/or restitution.