Procedures of a rape trial

For these to be considered sexual assault, they must occur without consent or when the victim does not have the ability to consent, whether that be due to a mental illness, age, or temporary incapacitation. The exact laws and punishment vary from state to state, and the specific details of sexual assault statutes in Nebraska can be found here.

When the police are asked to investigate a crime, their responsibility is to find a culpable party and find the evidence necessary to prove guilt. As a result, the sexual assault investigation process can take an aggressive stance toward the accused. When law enforcement receives information about a possible sexual or domestic assault, they will often speak with the victim, witnesses, and acquaintances before questioning the accused. In many cases, investigators will wait until they feel that they have enough information to conduct a successful interrogation of their target before even contacting the accused.

Those people accused of sexual crimes are often surprised or shocked that they are under investigation as the alleged criminal act may have occurred days or weeks before investigators contact the accused. Law enforcement agencies use a variety of techniques to investigate sexual assault crimes, and many people accused of sexual assault are shocked by police conduct during their investigations. People accused of sexual assaults, especially those with no prior criminal history or contact with law enforcement, are amazed how one-sided the investigation process can be.

For example, few people know that it is perfectly legal for the police to lie during an interview or interrogation. But if the accused citizen lies during an interview or interrogation, several bad things might happen:. Often when a suspect tries to tell the truth during an investigation, the statements will be misconstrued, misinterpreted, and later used against the suspect, especially if there are any inconsistencies in the statement. The accused may admit simply to being in the same location as the victim or may admit having contact with the victim but state that the contact was consensual.

Relentless investigators tie the small details into a larger picture to create corroboration. Sexual assault investigations are scary. The accused rarely knows he or she is being investigated until the investigation is near completion.

The defense may move to dismiss the charges if it thinks that the prosecution has failed to produce enough evidence—even if the jury believes the evidence—to support a guilty verdict. For more information, see Acquittals by Judges in Jury Trials. Denial of motion to dismiss. Almost always, the judge denies the defense motion to dismiss.

Defense case-in-chief. The defense presents its main case through direct examination of defense witnesses. Prosecution rebuttal. The prosecutor offers evidence to refute the defense case. Settling on jury instructions. The prosecution and defense get together with the judge and determine a final set of instructions that the judge will give the jury. Prosecution closing argument. The prosecution makes its closing argument, summarizing the evidence as the prosecution sees it and explaining why the jury should render a guilty verdict.

Defense closing argument. The defense's counterpart to the prosecutor's closing argument. The lawyer explains why the jury should render a "not guilty" verdict—or at least a guilty verdict on only a lesser charge.

The prosecution has the last word, if it chooses to take it, and again argues that the jury has credible evidence that supports a finding of guilty. Jury instructions. The judge instructs the jury about what law to apply to the case and how to carry out its duties. Some judges "preinstruct" juries, reciting instructions before closing argument or even at the outset of trial.

Jury deliberations. The jury deliberates and tries to reach a verdict. Juries must be unanimous. If less than the requisite number of jurors agrees on a verdict, the jury is "hung" and the case may be retried. Post-trial motions. If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. Again, see Acquittals by Judges in Jury Trials.

Also see Motions for New Trial. Denial of post-trial motions. Almost always, the judge denies the defense post-trial motions. Assuming a conviction a verdict of "guilty" , the judge either sentences the defendant on the spot or sets sentencing for another day.

Berman Nolo. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Arrest of the accused The police can directly arrest the accused if his whereabouts and identity are known to the survivor. If they are unknown, the police can use sketches drawn with the help of the survivor or witnesses to track down and arrest the accused. In some cases, the police arrests a number of suspects out of which the accused is identified through an official identification parade.

Medical examination of the accused The accused is sent for a thorough medical checkup to check for any signs that might validate the survivor's account of the incident.

Recording the statement of the survivor and any witnesses before a magistrate The survivor and any witnesses give a detailed description of the crime in their own words. This is the official statement that allows for the chargesheet to be filed and it is used as evidence in court. Filing of the chargesheet The police submits a detailed account of the criminal investigation to the Sessions Court, which includes the statements given by the survivor, witnesses and accused.

The FIR as well of the findings of the investigation are also a part of the chargesheet. Once the chargesheet is submitted to the court, the trial can begin. Trial A rape case is fought by the state in which the survivor lives in and not the survivor herself. The public prosecutor, who fights on behalf of the survivor, as well as the lawyers of the accused, put forth their arguments and the survivor, witnesses and accused give their testimony.

All rape trials are to be held in-camera and therefore, are not open to the general public and media. Delivery of the judgement If found guilty, the accused can be jailed for a minimum period of 7 years, but which may extend to life imprisonment, and fined, depending on the exact nature of the assault.

If the incident is termed as 'rarest of the rare', the accused can be sentenced to death.