Criminal Justice Procedures: It it is the responsibility of the state to prosecute the offender. However, even if someone isn’t arrested for sexually assaulting you, it does not mean the assault didn’t happen. Many factors affect whether an arrest is made, or a case is prosecuted.
Reporting to the police: 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.
The investigation and arrest: The police detective assigned to your case will conduct an in-depth interview in private with you, as you are considered not only the victim of the crime but a witness to the crime. Based on the interview and other evidence, law enforcement may arrest the offender.
Prosecution: Whenever sexual assault is committed, the State of Illinois considers the crime an act against all the people of the state. Therefore, criminal cases are handled by the state’s attorney’s office instead of private lawyers, which are free of charge to survivors. The prosecutor will decide whether to charge the offender with a crime.
Criminal Trial: If there is a trial, the defense chooses whether the trial will be held before a circuit court judge with no jury (a bench trial), or before a judge and a jury of 12 people (a jury trial). During the trial, you and other witnesses may be required to testify. In addition, the results of the medical examination, laboratory analyses and police investigation will be presented.
Civil Trial: It is possible for you to sue for damages that are a result of a sexual assault. You can sue regardless of whether a criminal prosecution occurred and even if the defendant was found not guilty. To initiate a civil suit, you must hire a private attorney. The attorney may be paid a percentage of any damages awarded
Protective Orders: A Civil No Contact Order, Order of Protection or Stalking No Contact Order can be granted by a judge. A protective order can be granted as part of the criminal proceeding or as a part of a separate civil court hearing. A rape crisis center advocate can walk you through the process for a protective order.