If someone was nearly sexually assaulted, what would they be in the court?
Like a witness, defendant, etc....
- FoofaLv 72 months ago
Depends on what the actual charge against the defendant is and how the prosecution and the defense intend to use this person's testimony.
- CliveLv 72 months ago
Nothing. As there was no offence committed, why would the matter be in court? There is no such offence as "nearly sexually assaulted". There was an assault or there wasn't.
Let's say it wasn't "nearly", there WAS a sexual assault. The public prosecutor (in the USA that would be the District Attorney, here in England it's the Crown Prosecution Service, in other countries there are other names for who does this) will charge the alleged assaulter with sexual assault, and that charge goes to court.
The alleged assaulter is now the defendant and will need their own lawyer to defend them in court. The prosecutor will provide a lawyer to represent "the state" (crimes are treated as being against "the state" - the country or state as a whole. Which is great for the victim who says they were assaulted. They don't have to pay for a lawyer because "the state" provides one at taxpayers' expense).
The assault victim will be a prosecution witness. They need to be there to give evidence of what happened. But that's all they are because it's not their own case. It's the public prosecutor who took it to court, their lawyer does all the work and they just need the victim to be a witness to support their argument that there was an assault.
I've done jury service on a case like this. It was the trial of a paedophile who was charged with rape and sexual assault on his 3 daughters and one of the youngest one's friends. The friend came for a sleepover, he sexually assaulted her, she went home next day and told her Mum, you bet Mum hit the roof and told the police, the police swung into action and quizzed all the girls (quite reasonably thinking he could have done it to all of them), passed all the information to the CPS, and the CPS came up with 17 charges of rape and sexual assault at different times based on what the girls said.
The trial lasted 2 weeks and we spent most of it listening to the girls being questioned. So as I said, they were just witnesses. I have to say they did really well - only the oldest was over 18 by the time of the trial - and the 12 of us decided he was guilty of everything. The judge sentenced the defendant to life imprisonment.
There might not be a trial at all. At the first court hearing, the defendant is asked if they plead guilty or not guilty. If they plead guilty, there is no need for a trial because they admit it, and the judge can move straight to sentencing. If the defendant does that, the victim doesn't need to come to court at all.
- David 14Lv 72 months ago
Nothing. "Nearly" assaulted is not assaulted.
- STEVEN FLv 72 months ago
Nearly a victim.
Actually unless whatever happened reached the level of attempted assault, they wouldn't be in court at all.
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- Beverly SLv 72 months ago
- blankLv 52 months ago
They would be a victim. Since you clarified that might be a minor - they may or may not have to testify (be a witness) in court.
- ajtheactressLv 72 months ago
It really depends on what charges were filed.
Being "nearly sexually assaulted" is not really a chargable offense.
The charge of attempted sexual assault would be filed by the police for the victim.
The defendant would be the person charged.
Witness could be called by either the victim or the defendant.Source(s): rape survivor
- BillLv 72 months ago
Why would they be a defendant? They might be a witness if the attempted assaulter was charged with another crime.
- 2 months ago
UPDATE: I meant like if a man or woman was to sexually assault a boy or girl. What would the boy/girl do in court or be?
- Anonymous2 months ago
Anything. If a judge happens to be sexually assaulted one night they aren't going to turn into a stenographer for the rest of their life. This question makes no sense.