Legal Process

If a suspect is contacted or arrested by law enforcement, the case will be turned over to the Douglas County District Attorney's Office. You should receive a call from a victim-witness coordinator if this happens. A victim-witness coordinator provides support and information to victims of crime in Douglas County, and helps guide people through the criminal justice system. Some of the services provided by the victim-witness coordinators are:

• Information regarding case status and the legal process

• Notification of hearings and other court dates

• Liaison between the victim and the prosecutor

• Referrals to available resources in the community

If your case continues to proceed through the legal system, it will be assigned to a specific prosecutor - usually an assistant district attorney for Douglas County. The prosecutor works on developing the best possible case for the State of Kansas. Some of the duties of a prosecutor are to:

• Interview witnesses and crime victims

• Discuss the case with the defendant's attorney
  

• Prepare legal arguments regarding evidence and testimony
  

• Represent the people of Douglas County

Order of events in a criminal proceeding

All cases are different—this is a general timeline.

• You file a crime report with law enforcement (a GaDuGi Volunteer Advocate can accompany you during this)
  
  
• You may look at mug shots or assist in making a composite picture (if the perpetrator was a stranger.)
  
  
• A suspect may be arrested.
  
  
• You may be required to identify the suspect in a line-up.
  
  
• Police present the case to the District Attorney's Office.
  
  
• You may be interviewed by a prosecutor.
  
  
• The District Attorney's Office decides whether there is enough evidence to issue a formal complaint.
  
  
• The suspect is arraigned before a judge. (You will probably not be required to attend.)
  
  
• If the suspect pleads not guilty, a preliminary hearing is set and you may be subpoenaed to testify at this hearing.
  
  
• If the judge decides there is enough evidence, the case may go to trial.
  
  
• The suspect may reach a plea agreement with prosecutors OR Trial.
  
  
• Acquittal or Conviction if it goes to trial (Not Guilty or Guilty)
  
  
• Sentencing
  

If you have to testify

If the person who assaulted you is arrested and the case against him proceeds to court, you will probably be subpoenaed to testify as a witness. If you have any questions or problems with the subpoena or have questions about court, call a GaDuGi volunteer advocate or the District Attorney's office. Some General Advice:

Be ready for delays...

The criminal justice system moves slowly. Hearings may be set, but then the hearing is "continued" or postponed. This is is not uncommon, but can be very frustrating for survivors.

Prepare yourself emotionally...

Court proceedings are difficult for many survivors. You will have to be in the same room with the person who assaulted you. Your credibility may be questioned by the defense attorney. We recommend that any person going to court as a witness in a sexual assault case contact an RVSS advocate. RVSS trains advocates to be familiar with court procedures. They can be with you before, during and after all the court proceedings. We recommend that survivors NOT tackle this part of the journey alone.

Your role as a witness...

The case is not you versus the suspect. The State of Kansas is the party that prosecutes criminals. The attorney who is prosecuting the case represents all of the people in Kansas and does not represent you alone.

What if I don't want to testify?

Once a complaint is filed, it becomes the state's case. It is ultimately the decision of the prosecutor as to the disposition of the case. It is natural to have reluctance about testifying in a case. Please discuss your concerns with the victim-witness coordinator and a GaDuGi volunteer advocate.

Legal definitions of sexual assault

Although the legal definition of rape varies slightly from state to state, it is generally defined as SEXUAL INTERCOURSE WITHOUT CONSENT. Legal definitions can be wordy and confusing. It is not the responsibility of the survivor to understand the law - the police and the prosecutors take care of that. These definitions are provided for your reference and information. The following definitions are from the Kansas statutes. They do not include all of the sexual assault crimes:

Rape...

is sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:

• when the victim is overcome by force or fear
  
  

• when the victim is unconscious or physically powerless; or
  
  
• when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is  incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender; or
  
  
• any sexual intercourse with a child who is under 14 years of age, regardless of "consent."

Aggravated Criminal Sodomy...

is sodomy with a person who does not consent to the sodomy or causing a person, without the person's consent, to engage in sodomy, under any of the following circumstances:

• when the victim is overcome by force or fear
  
  
• when the victim is unconscious or physically powerless; or
  
  
• when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender
  

Aggravated Sexual Battery...

is the intentional touching of the person of another who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another under any of the following circumstances:

• when the victim is overcome by force or fear
  
  
• when the victim is unconscious or physically powerless; or
  
  
• when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender
  
  (K.S.A. 21-3518)