What are the Criminal Procedures in Cases of Sexual Assault Against Minors
Regarding the criminal procedures in a case of sexual assault involving a minor, parents must understand as best as possible how the process works. Below, we will provide some recommendations so that parents who are involved in this situation know what they can do.
Victims and their families are not obligated to speak with the aggressor’s attorney. Each time they receive a call from someone, they should know who that person works for and consult with their attorney before having any conversation with the other party involved in a sexual assault case.
The victim always has the right to confidentiality in the case. Once this type of legal process begins, the victim is always advised not to speak with anyone other than their defense attorney. All of this is intended to protect the victim from invasion of privacy. Likewise, there are minors who present cases involving mental health issues and have mental health records, and in order to access them, one must always speak with the victim’s attorney.
There are different terms for acts of sexual abuse, for example, second-degree rape or fourth-degree sexual assault. This type of offense always depends on several factors, including the following:
- Age of the victim and the offender
- Whether the victim was intoxicated, physically or mentally incapacitated, or unconscious
- Whether weapons or extreme violence were used
- What the sexual conduct was or how the abuse occurred, whether it involved penetration, the use of an object, or touching
When the abuser is a person under 18 years of age, the case sometimes begins in the juvenile justice system; however, it may happen that a prosecutor transfers the case to an adult court. In other cases, the minor may be treated as an adult by waiving the juvenile court. In the criminal system, the decision to try the person as an adult or a minor will always depend on how the sexual abuse was carried out. Rape involving an object will be treated differently than cases involving touching, and the abuser’s history is also taken into account.
Important point:
The objectives of the juvenile justice system are very different from those of the adult criminal justice system. The juvenile court always seeks to reform rather than punish the abuser. In some cases, they review the progress of cases and may change the sentence. Abusers are released when they reach the age of 21. Likewise, when it is determined that sexual abuse occurred, the person is arrested but may be released on bail. It is very rare for bail to be denied, but conditions are established where the abuser cannot approach the minor.
Many sexual abuse cases end with a plea agreement in which the perpetrator admits to sexually abusing the minor in order to obtain a sentencing agreement. Many prosecutors consider the victim’s decision when accepting a plea agreement, but ultimately the decision is made by the prosecutor.
Criminal trials:
When obtaining a child’s testimony, it must be considered whether the child becomes upset or uneasy giving testimony in the presence of the perpetrator. Generally, to avoid distress and ensure the minor can provide testimony, the child is placed in a separate room and testifies virtually or via television.
Likewise, when the child testifies, it must be ensured that what is said is not hearsay, as that could lead to dismissal of the case. It must be verified that the facts are solid.
The sentence is always determined by the judge handling the case. Victims may present a victim impact statement to the court to help the judge understand how the events occurred. This statement may be oral, written, or both, and is always presented with the accompaniment of a family member of the victim. Once the prison time has been determined, certain conditions may also be added to the sentence, such as eligibility for bail, no contact with the minor, and restitution for expenses incurred by the minor’s family throughout the legal process.
On the other hand, once a sentence has been determined, the accused may file an appeal of the conviction, reviewing which evidence was considered and which was not. When filing an appeal, a statement from the victim is not necessarily required, but it may be considered that the case could be dismissed or the accused released. Appeals may be filed within a period of 30 days after the sentence has been established.
Monitoring of sex offenders:
Once a sentence has been established, there is the possibility that the person may be released on probation without going to prison. There is also the possibility that the person serves one-third of their sentence before requesting parole and being released on bail. When the perpetrator is a high-level offender, that person is placed under lifetime supervision as a sex offender, which may include restrictions such as GPS monitoring, living far from schools or educational institutions, not working near minors, regularly attending treatment programs, and taking polygraph tests.
Some individuals accused of this act of sexual assault must register in the sex offender system and provide all their information. In this type of registry, only 2% of those accused of sexual abuse are included.
Peace and protection orders:
These types of orders are two kinds of emergency orders that can help a person who is a victim of sexual assault. Both types of orders follow this process:
- If the minor was the victim, the parent or guardian goes to the court and fills out the form. If the court is closed or unavailable, they may go to the commissioner’s office, which is open 24 hours a day.
- If the judge determines there is reasonable cause to believe the acts occurred, a peace or protection order is issued.
- If child abuse is reported, child protective services will begin an investigation, where a social worker will determine whether the allegations are true.
- The temporary order is served on the other party.
- After the temporary order is delivered to the accused party, a hearing is held where the accused must present testimony and evidence of innocence if applicable.
- The court decides whether to issue a final order.
It is important to understand the Legal System when a Minor is Sexually Abused