Disciplinary and Legal Options
Legal Action
Criminal Case
Description
In a criminal case, the state enforces. This means that an assistant state's attorney decides if the case is strong enough to proceed, and the charges are brought by a state-appointed attorney "on behalf of all citizens". That is, in a criminal case, you, the survivor, area witness. If you were over 18-years-old when the assault occurred, and if you reported the assault within 2 years, then the criminal case can start up to ten years after the assault occurred. If you were under 18, and you report the assault before the age of 21, then the case can start up to ten years after you turn 18.
In a criminal case, the state's attorney files felony charges. Once your case is assigned to a felony court, one assistant state's attorney will follow your case all the way through. That is, you will only need to tell your story to one attorney.
If the charges pass preliminary review, a preliminary hearing occurs on the first day in court after the arrest to determine probable cause (whether there are reasonable grounds to believe that the accused committed the alleged crime). You, the survivor, will testify before a judge and will be questioned by the defense attorney of the accused. The accused is present at this hearing, but does not testify. If probable cause is determined, an indictment (a formal written statement charging the accused with an offense) is made. If the case is dismissed at the preliminary hearing, a grand jury proceeding may be requested. Preliminary hearings are open to the public.
An appearance before a grand jury can occur in place of or after a preliminary hearing. A grand jury of 23-27 citizens hears testimony to determine probable cause. Unlike a preliminary hearing, the testimony is usually from the detectives recounting the survivor's story. Grand jury proceedings are closed. As with a preliminary hearing, if probable cause is found, an indictment is made.
The next step after indictment is the arraignment in which the defendant pleads guilty or not guilty. The arraignment takes place about two weeks after the preliminary hearing or grand jury. The survivor does not have to be present at the arraignment. The accused hears the charges against him/her and enters a formal plea (usually "not guilty"). If the accused pleads not guilty, a trial date is set and pretrial motions begin. If the accused pleads guilty, plea-bargaining may occur or the court will set the date for sentencing.
If the accused pleads not guilty, the trial proceeds. Pretrial activities occur before the trial date. Pretrial motions constitute a series of arguments or continuances requested by the defense or prosecuting attorneys. These may include legal issues that either side expects to arise during the trial; for instance, whether evidence on a particular issue may be introduced. Each pretrial motion delays the trial date. Usually, the survivor is not required to be present for hearings of pretrial motions. You or your legal advocate can check with state's attorney assigned to the case to understand what may happen at the next court date.
The trial itself can either be a trial by jury (6-12 jurors) or a bench trial. In either case, you will be excluded from the courtroom until you testify.
A criminal trial is usually quicker than a civil trial(can be 2 days to 1 week), but may last longer. The burden of proof rests with the state, and the standard of proof is beyond a reasonable doubt. If the accused is found guilty, s/he will be sentenced according to the Illinois Criminal Sexual Assault Act. The sentencing is a separate hearing from the rest of the trial. The judge will consider the past record of the accused and impose a sentence. The state's attorney may ask the survivor to testify at the sentencing hearing and may attempt to get the longest possible sentence by calling other victims of the accused to testify.
