Do I Have to File Charges?
Sexual Assault Legal Advocate Manual
Once the police are called the sexual assault investigation begins. After the detective has completed investigating the crime, the case is either labeled "unfounded" or sent on to the local district attorney. The district attorney or an assistant district attorney becomes the prosecutor for the case. The prosecutor must review the case records and make the decision whether to charge the alleged sex offender.
What if the Police Ask if I want to "Sign a Complaint?"
At some point during the investigation, the police may ask the victim if
s/he is willing to "sign a complaint" against the alleged sex
offender. A complaint is a written statement of the essential facts associated
with the offense being investigated. The act of signing a complaint indicates
that the information provided to law enforcement are the facts as known
by the victim. This measure is sometimes pursued as part of the law enforcement
agency policy.
The decision to issue charges against an alleged sex offender is not generated by the victim. Rather, the prosecuting attorney makes all charging decisions. This is not to say the prosecuting attorney does not consult with the victim when the considering the legal actions involved, but many other factors can inform the decisions made by the prosecutor.
How Does Charging Occur?
After reviewing the police reports and perhaps interviewing the victim,
the district attorney may:
- decide to charge the alleged sex offender by issuing a criminal complaint and summons,
- decide to charge the alleged sex offender by issuing a criminal complaint and a warrant to arrest, or
- decide not to charge at all.
In some instances the district attorney may decide more information needs to be gathered and ask for the investigation to be continued.
After the completed investigation reports are submitted to the District Attorney's office by the investigating officer(s), a charging decision can be made as quickly as two or three days or in rare instances a few months. If the decision has not been made within a week after the completed reports have been submitted, the victim or advocate can call to inquire about the delay and ask for the charging determination to be accelerated.
If the decision to charge the alleged perpetrator is made, the victim becomes a witness for the state and it is the prosecuting attorney's job to continue with the criminal justice proceedings.
