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Page: Arraignment
Reporting To The Police
The sooner you report to the police, the more likely your success in prosecuting.
Reporting does not mean that you are committed to participating in a prosecution.
Without your participation however, it is much more difficult for a State’s
Attorney to prosecute your case.
In the initial report, the officer who answers
your call will want to know a brief summary of the crime; when
and where it occurred; and your name, age, address,
and occupation. A description of the assailant may be dispatched to patrol
officers.
The Investigation
The police detective who will be handling your case will
conduct an in-depth interview in private with you. Since
this is one of the most important phases
of the investigation, it will be detailed and thorough. If there are bruises
or other signs of attack that were not visible at the hospital, photographs
may be taken at the police station.
You may also be asked to write out a report.
This will include your description of the incident and what
happened
before and after.
The place where the incident took place
may be searched and examined for fingerprints, stains, weapons,
and other
evidence. Do not touch or remove
anything from the
scene of the crime until this is done. Your fingerprints will be taken at
the police station to distinguish them from the other prints found at the
scene
of the crime.
If the assailant was not known to you, you
may be asked to look at photographs of sex offenders. You may
also be asked to work out a composite with the
police artist.
The Arrest
The investigator will be trying to apprehend the suspect.
If an arrest is made, and the suspect was not personally
known to you, you may be asked
to
view a
line-up. You will be asked to identify the attacker from a group of five
or six people.
They will not be able to see you during the line-up.
Prosecution
Whenever sexual assault or sexual abuse is committed, the
State of Illinois considers the crime an act against all
the people of the state. Therefore,
criminal cases
are tried by the State’s Attorney’s office, not private lawyers.
You, the victim, are a witness to the crime. You do not have to pay a fee for
the assistance of the State’s Attorney.
Filing Charges
You may need to sign a complaint at the State’s Attorney’s office,
usually located at your county court building. The police report will be sent
to the State’s Attorney’s office along with the medical report. If
the warrant officer in the State’s Attorney’s office decides there
is enough evidence, the case will be sent to an Assistant State’s Attorney.
In Chicago, after you talk to the police, the case will go to the Felony Review
Unit in the State’s Attorney’s office to determine if
your case will go to Felony Court.
The Assistant State’s Attorney will
interview you concerning the case, asking some of the same
questions asked by the police detective.
He or she will also explain the trial process,
how to testify at the trial, and what the defendant (accused
rapist) may use as defense
at
the trial.
If any representative of the defendant contacts
you, call the Assistant State’s
Attorney who is handling your case. You are not required to
talk to the defense attorney if he or she calls you.
There is a possibility the prosecutor or
the Felony Review Unit will decide not to file charges. If
you disagree with
the Felony
Review
Unit decision,
ask to
speak with a supervisor for case reconsideration. This does
not mean that he or she thinks the charge is false.
When a State’s Attorney decides not to file charges, it may mean that there
is not enough evidence for the case to go through the court system successfully.
Sexual assault cases are difficult to prove in court without thorough evidence.
If a sexual assault or sexual abuse charge is not filed, you should be given
a reason by the State’s Attorney.
Polygraph Test
No police officer or State’s
Attorney can require you to take a lie detector test as a
condition to investigating, charging, or prosecuting your case.
This
law was passed because generally lie detector tests are
of little value in a sexual assault or sexual abuse case. You
may request to take a polygraph
if you
choose to.
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