The criminal justice system includes a wide range of activities from the investigation of a possible crime, to a legal determination of guilt or innocence. The process of going through the criminal justice system can seem overwhelming at times because there are so many moving pieces and players. Understanding a few key aspects of the process can take away some of the unknowns and help you feel more prepared. After the initial report is made to law enforcement, a survivor can decide whether or not they would like to move forward with the investigation, a process referred to as pressing charges. Ultimately, the decision to press criminal charges is up to the state. If law enforcement or the prosecution team feel that they are not able to prove guilt, they may decide not to press charges.
Sexual Assault Laws and Penalties
Sexual assault - Wikipedia
All rights reserved. When deciding whether or not to report a sexual assault to the police, it is important to know what will be involved in the process so you can make the decision that is best for you. Remember, the role of the police is to be impartial investigators. They must critically evaluate whether the evidence supports prosecuting the case regardless of their personal feelings. They must also rely on the Crown Prosecutor to concur that there is a reasonable likelihood of conviction before proceeding with laying charges. Part of being an impartial investigator is that the police officer may refer to you as the victim , as this is the term used to refer to anyone who has had a crime committed against them. But in any case, the sooner you call the police, the easier it is for them to collect the evidence needed to prove the charge.
If I Was Drunk, Can I Be Charged for Sexual Assault?
If this is a sex case, you will want testing that tends to disprove the allegations against you. Tests that relate specifically to what you are being accused of. So specialized testing is necessary. The same tact must be taken for domestic violence or any other allegation of misconduct.
Sexual assault is an act in which a person intentionally sexually touches another person without that person's consent , or coerces or physically forces a person to engage in a sexual act against their will. Generally, sexual assault is defined as unwanted sexual contact. Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent. In the United States , the definition of sexual assault varies widely among the individual states.