If the survivor decides to proceed within the criminal justice system, the police will arrest the perpetrator upon completion of their investigation if they have enough evidence to do so. The perpetrator will either be held in jail until court proceedings or released on bond.
Because sexual assault is a violent crime, the State of Illinois prosecutes the offender on the survivor's behalf and the survivor serves as a witness in this case between the State and the offender. Sexual assault cases are tried by the State's Attorney (SA) instead of private lawyers, so the survivor does not have to pay a fee in order to prosecute.
In order to initiate court proceedings, the survivor needs to file a formal complaint with the State's Attorney's office in Chicago (see resources). Along with the written complaint, the police and medical reports are sent to the SA for review. The SA determines if there is enough evidence to proceed with the case.
If the SA decides to continue with the case, an assistant State's Attorney will contact the survivor for an interview and to explain the trial process. Criminal sexual assault is a felony charge and has no statute of limitations, so the survivor can decide to prosecute at any time after the assault, as long as s/he filed a police report within five years of the assault. Criminal sexual abuse is a misdemeanor charge and can be prosecuted up to one year after the assault occurs.
Cook County State's Attorney/ Victim/Witness Assistance
2650 S. California Avenue
Chicago, IL 60608
773-869-2700
http://www.statesattorney.org/
