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Advocacy

Advocacy for sexual assault survivors may take many forms, including offering a hotline to call, meeting someone at the hospital for a forensic exam and providing comfort and basic needs after the forensic exam, or explaining legal options and processes. Each of these services that New Beginnings offers has the same purpose: to help a sexual assault survivor through the healing process.

New Beginnings works to provide advocacy for all populations of the counties we serve and is devoted to outreach to marginalized or underrepresented communities who may need our services. Each population has unique needs and ways that sexual assault impacts their community.

The Criminal Justice Process

Typical Steps

  1. Report to police or DCBS is made
  2. Interview(s) with police or Children’s Advocacy Center are conducted
  3. Police do an investigation
  4. Police present their case to the prosecutor

The next steps depend on whether the perpetrator is an adult or a juvenile.

Adult Perpetrators

  1. The prosecutor may present the case to the Grand Jury
  2. The Grand Jury may decide to indict the perpetrator
  3. If indicted, the case will most likely be heard in Circuit Court
  4. The perpetrator will likely be arrested and the Judge may set bond
  5. Pretrial hearings will start
  6. A trial or plea agreement will take place

Juvenile Perpetrators

  1. The case is presented to the County Attorney
  2. The County Attorney may choose to press charges
  3. If charged, the case will be heard in District Court
  4. The perpetrator may receive Court Designated Worker (CDW) and/or a Department of Juvenile Justice Worker
  5. A plea agreement or adjudication (juvenile trial) will take place.

Common Questions

Will the person be arrested quickly?

Arrests are usually not made immediately. First, reports to the police or the Department for
Community-Based Services are investigated. Then, prosecutors may decide to present the case to
a Grand Jury, which determines whether to indict (charge) someone. In most cases, an arrest
happens only after the Grand Jury issues an indictment.

How long will this process take?

A case can take weeks, months, or even years to complete. In cases of sexual assault and child
sexual abuse, it usually takes about a year from the initial report to the completion of the police
investigation and the case reaching court. Once in court, the legal process may take an additional
year or more.

Will I (or my child) have to testify?

If your case goes all the way to trial, then yes, you (or your child in cases of child sexual abuse)
will be expected to testify. Children under 12 can may be able to testify in the Judge’s chambers
rather than in the open courtroom.

Will I have to hire an attorney?

You won’t need to hire an attorney for criminal prosecution because the case will be handled by
the Commonwealth’s or County Attorney. However, it’s important to understand that in a criminal
case, you are not considered a ‘party’ to the case, as you would be in a civil lawsuit. Instead, as a
victim, you are considered a ‘witness’ in the case.

Law Enforcement – Who will be involved in my case?

Crimes are generally reported to the law enforcement agency that has jurisdiction where the crime
occurred. Law enforcement agencies can only investigate crimes within their own jurisdiction.
If a crime happens in a city or town, the local police department typically handles the case. If it
occurs in a county, the county sheriff’s office usually handles it. The Kentucky State Police have
jurisdiction throughout the entire state.

For crimes that occur outside of Kentucky, they must be reported to the local law enforcement
agency in the state where the crime happened.

Police investigations can take anywhere from days to months, depending on the nature of the crime
and the circumstances. On average, it can take about one year for a case to move from the initial
police report to prosecution.

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