Navigating The Judicial Side of Sexual Abuse or Assault

What Does Courtroom Clarity Cover?

We should start by letting you know that we are not professionals in the legal field, which means that anything we say or advice we may give is from our own personal opinions and should be regarded as such.

This being said, we understand from a first hand perspective just how complicated and confusing the legal process can be. We hope that we can provide you with some tips and advice that we found helped or wished someone would have told us.

Here are a few things that might help you deal with this process:

- Legal Definitions and Terms

- Potential Legal Players You May Need or Encounter

- Your Rights as a Victim

All these topics and more will be featured on this page of Defending Innocence.

Information By State

Each state has their own way of handling the judicial system when it comes to sexual crimes. Here at Defending Innocence, we think it is important that you understand the judicial process you may go through in each state.

State information

defining Legal terms

Acquittal

A legal judgment in which the defendant is found not guilty of the charges against them.

Allegation

A claim or assertion that someone has committed a wrongful act, such as sexual violence. These claims have not yet been proven in court.

Appeal

A legal process by which a party requests a higher court to review the decision of a lower court. In a criminal case, a defendant may appeal their conviction or sentence if they believe there was a legal error in the trial or sentencing.

Arraignment

The court hearing where the defendant is formally informed of the charges against them and is asked to enter a plea.

Bail

The monetary amount or conditions set by the court to secure the temporary release of the defendant from custody before the trial.

Burden of Proof

The responsibility to provide sufficient evidence to support a claim or allegation. In criminal cases, the burden of proof lies with the prosecution, who must prove the defendant's guilt beyond a reasonable doubt.

Conviction

A legal judgment in which the defendant is found guilty of the charges against them.

Defendant

The person or entity being accused of committing the crime. In a sexual violence case, this is the alleged perpetrator.

Evidence

Information, materials, or testimony presented in court to support or refute the allegations made in a criminal case.

Judge

The impartial authority who presides over the court proceedings, ensures the proper application of the law, and makes decisions on legal matters.

Jury

A group of citizens selected to hear the evidence presented in a trial and determine the guilt or innocence of the defendant.

Plea Bargain

An agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser charge or to certain charges in exchange for a reduced sentence or the dismissal of other charges.

Plaintiff

The person who brings a lawsuit against another person or entity. In a sexual violence case, the victim is usually the plaintiff.

Prosecutor

The legal representative who presents the case against the defendant on behalf of the government or the state.

Sentencing

The process by which a judge determines the appropriate punishment for a convicted defendant. In sexual violence cases, sentencing may include imprisonment, fines, probation, or mandatory counseling.

Statute of Limitations

A law that sets the maximum time after an event within which legal proceedings can be initiated. In some jurisdictions, the statute of limitations for sexual violence cases may be extended or eliminated altogether.

Testimony

A statement made by a witness under oath in a court proceeding, either in person or through a written or recorded statement.

Victim Impact Statement

A written or oral statement made by the victim or their representative during the sentencing phase of a trial, describing the emotional, physical, and financial effects of the crime on the victim.

Understanding the court process

Steps of the Judicial System

There are many steps in the criminal court process. These steps may differ depending on which state the crime occurred in and various aspects about each individual case. The process detailed below follows the federal court system.

1. Investigation

Law officials, such as police officers and criminal detectives, will investigate the claim you made regarding the crime that was committed. This will be done through reports, interviews, and collection of evidence.

2. Arrest or Indictment

After the investigation is complete, the prosector will decide if there is enough evidence to charge the suspect. If the prosecutor does not find that there is enough of a case against the suspect, your legal journey will likely end here. However, if the prosecutor does decide to charge the suspect, he or she may either obtain a warrant for the suspect's arrest or ask the grand jury for an indictment.

3. Initial Appearance

The suspect, now an official defendant, is brought before a judge to learn about the charges against them, their rights, and the conditions of their release or bail.

4. Arraignment

The defendant will enter a plea of either guilty, not guilty, or no contest in front of a judge. If the defendant pleads guilty or no contest, the court procedure will likely skip to the sentencing step. If the defendant pleads not guilty, the court procedure will continue with the trial phase.

5. Pretrial Motions and Discovery

Both the prosecution and the defense have the chance to file motions before the trial begins in order to address specific information about the charges or the case. Additionally, any information that either side has is exchanged with the opposing side to ensure that both the prosecution and defense have the same evidence and resources to work with.

6. Plea Bargaining

The prosecution and defense will negotiate to reach an agreement that results in the defendant pleading guilty in exchange for certain incentives. If a plea bargain is reached, the next step would be sentencing rather than a trial. If not, the trial will continue.

7. Trial

This is the point in which everyone involved in the case spends time in court to determine if the defendant is to be found guilty or innocent for the crime they are charged with.

8. Deliberation and Verdict

The jury that observed your court case trial will leave to speak among themselves to make a decision about the outcome of the case. This is the verdict that the jury gives the judge that determines if the defendant is guilty or innocent.

9. Sentencing

There is a separate sentencing hearing in which the judge will determine the punishment the defendant will receive. This involves the amount of time served, any fines they may have to pay, probation, mental health counseling, and registration on the sexual offenders and predators list in your state.

10. Appeals

While not every case will be appealed, defendants do have the right to appeal the verdict given to them during the initial trial. This step may only happen if either the prosecutor or defense feel that there was a legal error at any point in the criminal process.

Your rights as a victim

Two Federal Acts You Should Know About

Victims Rights and Restitution Act

The Victims' Rights and Restitution Act (VRRA) is a federal law in the United States that aims to protect and uphold the rights of crime victims, including victims of sexual assault.

The VRRA provides a number of rights to victims of federal crimes, such as sexual assault. These rights include:

The right to be treated with fairness and respect for the victim's dignity and privacy.
The right to be reasonably protected from the accused offender.
The right to be notified of court proceedings.
The right to be present at all public court proceedings related to the offense, unless the court determines that the victim's testimony would be materially affected if the victim heard other testimony at the trial.
The right to confer with the attorney for the government in the case.
The right to restitution from the offender.
The right to be informed of the conviction, sentencing, imprisonment, and release of the offender.
The right to be informed of any plea bargain or deferred prosecution agreement.
The right to be informed of their rights under the VRRA.

Restitution is a key component of the VRRA, which requires courts to order convicted offenders to pay restitution to their victims as part of the sentence. This restitution can cover costs related to the crime, such as medical expenses, therapy costs, lost wages, and other relevant expenses incurred by the victim as a direct result of the crime.

Crime Victims Rights Act

The Crime Victims' Rights Act (CVRA) is a federal law in the United States that was enacted in 2004 as part of the Justice for All Act. It aims to protect and strengthen the rights of victims of federal crimes, including victims of sexual assault.

The CVRA outlines a series of rights for crime victims, which include:

The right to be treated with fairness, dignity, and respect for their privacy.
The right to be reasonably protected from the accused.
The right to be notified of and present at public court proceedings involving the crime.
The right to be heard at any public proceeding involving release, plea, sentencing, or parole of the accused.
The right to confer with the prosecutor in the case.
The right to full and timely restitution from the convicted offender.
The right to proceedings free from unreasonable delay.
The right to be informed of their rights under the CVRA.

The CVRA specifically focuses on ensuring that victims have a more significant role in the criminal justice process and that their rights are protected at each stage. It also grants the victims of federal crimes, such as sexual assault, the ability to seek enforcement of their rights in court if they feel these rights have been violated.