Knox County Medical and Legal Sexual Assault Protocol

Medical Protocol:

Hospital registration clerk does hospital registration. After the woman identifies her chief complaint as sexual assault, she will be given a room immediately and be seen immediately or within fifteen minutes. The emergency room ward clerk, at the request of the physician or nurse, will call the medical social worker. The nurse will complete the emergency record and the medical record forms for sexual assault.
The nurse will advise the patient of desirability of having support through the medical and legal process. The victim may choose the medical social service staff, the New Directions rape survivor advocate, a family member, or a friend.
The survivor will be advised that she is not required to have a rape exam or to have other medical tests. Her consent is necessary at each step in the examination.
If she consents to the rape exam, the medical personnel will follow the steps in the procedure checklist for the evidence collection kit, and the tests for syphilis, gonorrhea, chlamydia, and other sexually transmitted diseases, AIDS, trichomoniasis, or fungus, and pregnancy when appropriate.
Preventive treatment for gonorrhea, chlamydia and syphilis will be offered if appropriate. A post-coital contraceptive will be offered. Drug and alcohol tests are not routine. They are done only after careful consideration by medical personnel and with the consent of the survivor.

Law Enforcement Protocol:

The woman will be informed that the police will be called. The law requires that a felony is reported, but the hospital is not required to give her name. The woman can decide whether to speak to a law enforcement officer. If the woman agrees to give a report to law enforcement, the interview will be in a private room with a support person, if she desires.
Rape kits and other physical evidence in sexual assault cases are submitted to the Ohio Bureau of Criminal Investigation for examination.
To file for lost wages or any unpaid medical or psychological expenses with the Victims of Crime Compensation, the survivor must cooperate with law enforcement. The crime must be reported to a law enforcement agency within seventy-two (72) hours after it happens. It is not necessary, however, for her to file charges.
The law enforcement report will be turned over to a detective, who will interview the woman. An advocate from New Directions can accompany her if she desires.

Prosecution:

The Decision to Charge

The evidence in the case is presented to the prosecuting attorney by the investigating detective. The prosecutor then reviews the case for possible criminal prosecution. The prosecutor can make any number of decisions. The prosecutor may ask the investigating officer to do further investigation in the case, the prosecutor may wish to consult with the victim to find out how she or he wishes to see the case resolved (if this is not clear in the reports), the prosecutor may decide that there is insufficient evidence to proceed, or the prosecutor may choose to present the case to the courts for prosecution.

The evidence in the case is presented to the prosecuting attorney by the investigating detective. The prosecutor then reviews the case for possible criminal prosecution. The prosecutor can make any number of decisions. The prosecutor may ask the investigating officer to do further investigation in the case, the prosecutor may wish to consult with the victim to find out how she or he wishes to see the case resolved (if this is not clear in the reports), the prosecutor may decide that there is insufficient evidence to proceed, or the prosecutor may choose to present the case to the courts for prosecution.

The Decision to Arrest: Advantages and Disadvantages

If the evidence in the case is fairly strong, and there is a strong possibility that the suspect will offend again, leave the jurisdiction, harass witnesses, or otherwise pose a danger to others, the prosecutor may choose to immediately issue a warrant to arrest the suspect. This decision has its obvious advantages but also has its disadvantages. As an example, if a suspect is arrested immediately, and is unable to post bond, he is entitled to a jury trial within ninety days of his arrest. This may not give the crime laboratories sufficient time in which to complete complex tests, such as DNA testing.

If the evidence in the case is fairly strong, and there is a strong possibility that the suspect will offend again, leave the jurisdiction, harass witnesses, or otherwise pose a danger to others, the prosecutor may choose to immediately issue a warrant to arrest the suspect. This decision has its obvious advantages but also has its disadvantages. As an example, if a suspect is arrested immediately, and is unable to post bond, he is entitled to a jury trial within ninety days of his arrest. This may not give the crime laboratories sufficient time in which to complete complex tests, such as DNA testing.

If a suspect is arrested immediately, he also has a right to a preliminary hearing in which the victim must testify and identify the suspect as her attacker. The attacker has the right to be present at the hearing and observe the victim's testimony. The suspect's attorney has the right to cross-examine the victim. This, in effect, gives the defense a free shot, before the real trial, to find any weaknesses or inconsistencies in the victim's testimony.

If the judge who presides over the preliminary hearing, and hears the facts (there is no jury at this point), decides that there is insufficient evidence for the case to go forward then the case is dismissed. If the judge decides that the crime probably was committed and that suspect probably committed it, then the case proceeds on to the next step, which is grand jury.

The Knox County Grand Jury

If the prosecutor decides to pursue the case, but not make an immediate arrest, the case can be taken directly to the Knox County Grand Jury without having to have a preliminary hearing.

The grand jury meets monthly to review cases for possible felony prosecution. There are nine people on a grand jury, chosen at random from the list of registered voters in Knox County. While the victim is usually required to testify at grand jury, her or his testimony is kept secret by law and neither the suspect nor his attorney is permitted to be present to hear the victim's testimony or ask the victim any questions.

If at least seven of the nine grand jurors vote to indict, then an indictment is filed with the court and the suspect is either arrested or summoned to appear in court. The decision whether to issue an arrest warrant or a summons is left to the prosecutor and depends upon the circumstances in the case.

Arraignment

After an indictment has been filed, the suspect, who is now called a defendant, must appear in court for his arraignment. The victim is not required to be present at the arraignment.

At the arraignment, the defendant is informed of his rights, informed of the charges against him, and is asked to plead guilty or not guilty. Almost all defendants appear at their arraignments with an attorney and plead not guilty. The case is then scheduled for jury trial.

Discovery

Between the time of the arraignment and the time of trial, the prosecutor and defense attorneys exchange much of the information in their files about the case. This is a process required by law called "discovery". The prosecutor is required to reveal, among other things, a list of prosecution witnesses, medical reports, photographs, the results of scientific tests, and any statements made by the defendant. After discovery is exchanged, and the defense attorney sees how strong the prosecutor's case is, a decision is often made to change the defendant's plea from not guilty to guilty.

Trial

In the event that the defendant wishes to maintain his plea of not guilty, a trial takes place. The guilt of the defendant must be established beyond a reasonable doubt. This decision is made by a jury of twelve unless the defendant waives his right to a jury trial and requests that the judge alone decide upon the facts in the case. The decision of a jury must be unanimous.

At the trial, the prosecution presents its evidence first and then the defense presents its evidence. The prosecutor asks questions of a prosecution witness first. This is called direct examination. Then the defense attorney may ask the witness questions. This is called cross-examination. When the defense presents its evidence, the defense attorney conducts the direct examination and the prosecutor conducts the cross-examination. The defendant may choose to testify in his own defense but cannot be required to do so.

Although the courtroom is open to the public, few if any spectators come to watch trials. Most of the people in the audience are friends or family of the people involved. Witnesses, including the victim, are not permitted to be in the courtroom except when it is her or his turn to testify.

If the defendant is found guilty, the judge will sentence the defendant. If there is a not guilty verdict, the case ends.

Sentencing

If a defendant pleads guilty, or is found guilty, the judge must sentence him. Before doing so, the judge may wish to order a pre-sentence investigation in the case to find out more about the life of the defendant and the views of the victim. If the victim was physically harmed or threatened while the crime was being committed, the judge will order that a victim impact statement be prepared before the defendant is sentenced. Pre-sentence investigations and victim impact statements often take several days to prepare.

Whenever possible, victims of violent crimes are invited to be present at sentencing hearings, but are not required to appear. They are also permitted to make a statement to the judge during the sentencing hearing before the sentence is imposed.