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Survivors of sexual assault, abuse, and harassment often do not understand the process of reporting to law enforcement. We want to provide full transparency into what it is like to report to law enforcement and what role the survivor plays in the process. Author: Kathryn Kosmides. Knowing more about the process can empower survivors of sexual assault, abuse, and other harms to understand their rights and what to expect when deciding to report to law enforcement.
Helping Survivors is here to answer key questions about the reality of pressing charges and dispels common misconceptions. First, it is important to understand that an individual does not and can not press charges against someone. Pressing charges refers to initiating criminal proceedings against an individual accused of committing a crime. A prosecutor is a lawyer who works for the state or federal government who is responsible for starting criminal legal proceedings against an individual.
The official name for the position of state prosecutors is district attorney. The job of a prosecutor is to review the evidence and testimony provided by law enforcement, witnesses, and potential victims and determine if charges will be pursued based on a variety of factors including available evidence and their belief in the ability to obtain a conviction. When an individual files a report with law enforcement also known as a police report , this essentially starts an investigation. Once law enforcement receives the report of a crime, officers investigate to determine what evidence is potentially available to support a criminal case.
Prosecutors will then decide whether to press charges against the suspect. The power to press charges belongs solely to a prosecutor, not the crime victim. This means that reporting a crime to law enforcement does not guarantee the individual will be charged, arrested, or convicted. Criminal cases are between the state and the accused individual for example, The State of California vs. John Smith. The victim s are not a named party in the case.
The victims typically are the greatest source of evidence and testimony. If a victim of a crime reports to law enforcement and criminal charges are brought by the prosecutor, the prosecutor and potentially a team of lawyers that work for the state or federal government are the lawyers for the case.