Being charged with sexual assault is one of the most terrifying experiences. You’re facing severe penalties and an uncertain future. You’re likely concerned about how long this process might take and when you can expect a resolution. Here is what you need to know about the road ahead.
The Legal Process Involved in Sexual Assault Cases
A typical sexual assault case will follow this process.
Reporting the Incident
The official legal process begins when the alleged victim reports the crime. An officer will likely respond and take a report in which they learn more about the allegations and the circumstances surrounding the offense.
Investigation
Law enforcement launches an investigation. Officers may interview witnesses and collect physical evidence, such as DNA samples. They may send the alleged victim to get a rape kit. The victim may be photographed. Forensic testing will increase the amount of time the investigation takes.
Officers may review any digital evidence involved in the case, such as text messages or social media posts. Sometimes, there may be video surveillance where the crime is alleged to have occurred that they will review.
Next, they may interview you and other suspects.
Arrest
If the DA believes there is enough evidence to charge you with sexual assault, you will be arrested. You will be booked.
Arraignment
The next step is the arraignment, during which you will be informed of your rights and the charges against you. You will then be asked to plead guilty or not guilty.
Pre-Trial Motions, Hearings, and Conferences
Your lawyer may file motions related to the case, such as asking the DA to provide discovery or dismiss the charges against you. The court can schedule hearings and pre-trial conferences to try to resolve outstanding legal issues.
Plea Bargain
The prosecutor may offer you a plea deal that gives you less time or reduces charges in exchange for a guilty plea. Your lawyer can explain whether this deal is in your best interest or if you should proceed to trial.
Trial
If you have not resolved your case up to this point, your case will proceed to trial. It will need to be scheduled based on the court’s docket, which is usually months or years after the charges were filed.
Factors Affecting How Long Sexual Assault Cases Take
Various factors can affect how long a sexual assault case takes, including the following:
Availability of Evidence
The availability of evidence can play a critical role in the potential timeline of a sexual assault case. Police may need to send DNA samples off for testing, request surveillance footage and review it, interview witnesses, and analyze other evidence. This process can take some time to complete.
Complexity of the Case
The case’s complexity can also impact how long a sexual assault case will take. If the alleged victim and defendant have very different stories, police may interview multiple witnesses. Additionally, if more crimes are alleged, more resources may go into investigating the incident.
Caseload
The number of crimes the investigative agency is reviewing can affect the timeline for sexual assault cases. Likewise, the court’s docket can also affect the timing of cases.
Whether You Go to Trial
If your case goes to trial, it will take more time than if you take a plea agreement. With trial, attorneys must prepare, more discovery is involved, pre-trial hearings may be necessary, and a jury must be selected. All of these steps add more time.
Statute of Limitations
Colorado prosecutors generally have 20 years to bring sexual assault charges under the statute. If the victim was 15-17 years old at the time of the offense, the 20-year statute of limitations does not commence until the victim turns 18.
Contact Us for a Confidential Consultation
At The Law Offices of Elaine E. Lukic, we know you want to put this matter behind you. Every case is different. We can explain the potential timeline involved in your case and how we can help with your defense when you call (888) 565-2217 or fill out our contact form to schedule a confidential consultation.