No, sexual assault is a crime against the Commonwealth of Pennsylvania, and the victim/survivor is the person who makes the complaint. This means that the survivor is the main witness for the state, which provides a lawyer, called an Assistant District Attorney (A.D.A.)

You will probably receive a written notice (a subpoena) in the mail telling you the date and time you are expected to come to court. The subpoena is a legal order; DO NOT ignore it. Sometimes, if a case is scheduled quickly after an arrest, the Assistant District Attorney or a victim-witness coordinator from the DA’s office may call to schedule a court date as well. Treat phone calls from the District Attorney’s office as if they are subpoenas.

There are two locations where sexual assault and abuse cases are heard: Family/Juvenile Court at 1801 Vine St. and the Criminal Justice Center at 13th and Filbert St. Your subpoena and/or you A.D.A. will tell you where to go and which courtroom to report to.

A preliminary hearing is usually held shortly after the arrest (a week to 10 days). It is generally a simple and brief procedure which takes place only in cases where there are felony charges. The victim/witness testifies to the basic facts of his/her assault. Then the judge decides whether there is enough evidence to move the case to trial. At the preliminary hearing charges may be added or dropped depending on the attorney. Bail may be raised, lowered or remain the same.

If the case is “held for court,” the trial is scheduled within 3 to 6 months of the preliminary hearing. All trials involving felony charges are held at the Criminal Justice Center. The purpose of the trial is to determine whether the defendant is guilty or not guilty of the crimes s/he was arrested for. Either a jury and judge or a judge alone may hear the trial evidence.

When a person commits a misdemeanor crime against a child, a Municipal Court Trial is held at Family Court. A jury is never present for a Municipal Court Trial. The judge alone decides whether the accused is guilty or not guilty.

When a juvenile commits a sexual assault, an adjudicator hearing (no-jury trial) is held before a judge at Family Court. Witnesses may be any age but defendants are all under the age of 18.

In order for a child to be a witness in a criminal proceeding, the child must prove to the court that he/she knows the difference between telling the truth and telling a lie. Both the A.D.A. and defense attorney will question a child in front of a judge to test the child’s memory of past events and understanding of the truth and lies. Sometimes this is difficult and the child cannot be used as a witness. Most of the time child witnesses do “qualify” and, therefore, can be questioned about what happened and who did it. It is important to remember that even if the child is not “qualified” by the court, this does not mean the child is making up a story of abuse.

WOAR has no authority to either cause an offender to be prosecuted or to cause a case to be withdrawn or discharged. Our court advocates are not lawyers – we are here to provide support and information for survivors of sexual assault in the criminal justice system. Our advocates can assist survivors who choose to report sexual assaults by helping them to contact the appropriate authorities, by facilitating contact between survivors and the criminal justice system, and by accompanying them throughout the court process. However, it is up to the police to arrest perpetrators and the District Attorney’s office to prosecute them, and WOAR has no control over whether or not a case goes forward or the outcome of that case.

On January 28, 2007 the statute of limitations was extended to give the Commonwealth until the child victim’s 50th birthday, to file charges. The new statute of limitations applies to any case in which the statute of limitations had not yet expired before the new law took effect. To determine whether the statute has expired, the date of the victim’s 18th birthday is more important than the date of the commission of the offense.

On August 27, 2002, the statute of limitations for child sexual abuse was extended to 12 years after the victim’s 18th birthday. (Before that amendment, the statute of limitations was 5 years after the victim’s 18th birthday). That change in the statute of limitations applied to cases in which a child victim turned 18 on or after August 27, 1997. Since the 12-year period has not yet expired before the new law took effect, the statute of limitations for cases under the 1997 amendment has now been extended to the victim’s 50th birthday.

For cases involving child victims who turn 18 on or after August 27, 1997, the Commonwealth now has until the victim’s 50th birthday to file criminal charges for abuse that occurred before the victim turned 18.

This statute does not revive cases where the statute of limitations has already expired.

For adult victims of sexual assault (meaning, those over 18 when the crime occurred) the statute of limitations for filing charges is twelve years from the date of the crime. This law has not changed.