NCJ Number
70950
Date Published
1980
Length
33 pages
Annotation
Police and other professionals are apprised of the legal framework for rape prosecution, including the legal system and criminal process, trial, case provability, and problem areas for sexual assault cases.
Abstract
A discussion of police investigation of rape emphasizes the importance of interviewing the victim promptly and thoroughly to ensure case provability. Discussion of prosecutor investigations advises fostering good rapport with the victim and outlines the charging process. An account of the arraignment, a preliminary hearing to advise the defendant of his charges, covers bail and the dangers to and protection of the victim if the defendant is released on bail. A delineation of pretrial motions covers plea bargaining and the advantages and disadvantages of the victim's being examined by a psychiatrist, as the defense may request. An outline of trial procedures deals with jury misconceptions about rape and rape trials; selection of jurors; the opening statement; presentation of the evidence by the prosecution and cross-examination by the defense; the argument of the case; the verdict; and guidelines for testifying. Topics discussed as important to rape case provability include quantity and quality of evidence, prompt reporting by victims and prompt investigation by the police, medical examination, and a support system for victims to make them better witnesses. Special problems including those arising from child molestation and male rape are discussed. Notes are included.