SEXUAL ASSAULT JUSTICE SYSTEM RESPONSE

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Presentation transcript:

SEXUAL ASSAULT JUSTICE SYSTEM RESPONSE Darby G. Lowe Deputy Commonwealth’s Attorney County of Albemarle Aaron Hernandez Victim Advocate Sexual Assault Resource Agency

SEXUAL ASSAULT CASES ADULT CHILD KNOWN TO VICTIM UNKNOWN TO VICTIM Investigation Resources Victim input/support

REPORT POLICE DEPARTMENT OF SOCIAL SERVICES Medical Treatment Provider School Therapy Provider Child Care Providing Agency Law Enforcement

INVESTIGATION CHILD FORENSIC INTERVIEW VICTIM INTERVIEW BY DETECTIVE CAC Victim Advocate Assessment for services VICTIM INTERVIEW BY DETECTIVE

FORENSIC EXAMINATION FORENSIC NURSE EXAMINER PERK DNA SWABS INJURY DOCUMENTATION MEDICAL CARE AND FOLLOW UP REASSURANCE Victim Advocacy

INVESTIGATION COLLATERAL WITNESSES DEFENDANT INTERVIEW SEARCH WARRANTS Locale DNA Digital Media STRESS IMPORTANCE OF SAVING TEXTS, VOICEMAILS

PROTECTIVE MEASURES ARREST PROTECTIVE ORDER SAFETY PLAN NO BOND NO CONTACT

VICTIM SUPPORT OTHER SERVICES FOR NON OFFENDING CARETAKER ADVOCACY SARA Victim Witness Domestic Violence Services Coordinator THERAPY OTHER SERVICES FOR NON OFFENDING CARETAKER DSS CAC Services Coordinator Ready Kids Region X Private Therapists

CHARGING DECISION INVESTIGATORS/COMMONWEALTH’S ATTORNEY VICTIM/INVESTIGATORY TEAM/CA/ADVOCACY MEET DISCUSS EVIDENCE LEGAL PROCESS COURTROOM PROCEDURE CLOSED CIRCUIT TELEVISION EVALUATION THERAPY INPUT

CHARGES WARRANT INDICTMENT BOND HEARING PRESUMPTION AGAINST BOND

PRELIMINARY HEARING ESTABLISH PROBABLE CAUSE VICTIM MAY TESTIFY OTHER EVIDENCE CONFESSION DIGITAL EVIDENCE

TRIAL JUDGE JURY BEYOND A REASONABLE DOUBT VICTIM TESTIFIES DETECTIVE COLLATERAL WITNESSES CORROBORATING EVIDENCE DEFENDANT DOES NOT HAVE TO TESTIFY

PLEA AGREEMENT VICTIM WILL BE INVOLVED IN DISCUSSION GOALS OF PROSECUTION community safety protection of victim Offender’s responsibility for offense SENTENCING GOALS Punishment Community/Victim Safety Supervision Rehabilitation VICTIM WELL BEING

SENTENCING JURY VERDICT SENTENCING GUIDELINES PRESENTENCE REPORT VICTIM IMPACT STATEMENT SEX OFFENDER EVALUATION

SENTENCE ACTIVE TIME SUSPENDED TIME/GOOD BEHAVIOR SUPERVISED PROBATION GPS POLYGRAPH HOME/WORK VISITS TREATMENT VIOLATIONS OTHER CONDITIONS NO CONTACT RESTITUTION

SEX OFFENDER REGISTRY MANDATORY 3 DAYS TO NOTIFY OF CHANGES VIRGINIA STATE POLICE MAINTAIN AND INVESTIGATE NEW CRIMES TO VIOLATE REQUIREMENT

BEYOND COURT THERAPY SUPPORT IN SCHOOLS IMMIGRATION ATTORNEY – U VISA

QUESTIONS