The Special
Assault and Child Abuse Unit (SACA) handles crimes committed against the most
vulnerable of victims: children and the elderly. These victims are the
least likely to be able to stop crimes from being committed against
them, report crimes to law enforcement, and have the support that they
need to get through the legal process. All of the attorneys and support
staff in this unit have both a desire and a commitment to help the victims
survive the crimes committed against them and empower them to be involved
in the process of punishing the perpetrator of the crime.
Since the legal process can at times be difficult
for a victim or family member to understand, below is a description
of the basic steps to be taken in most SACA cases.
Child Sexual Abuse Cases
Child sexual abuse cases can be reported to
law enforcement by a child’s parent, teacher, doctor, counselor, other
interested adult, or by the child. Certain professions, such as a teacher
or counselor, are mandated by law to report whenever they suspect
child sexual abuse.
After the report to the detectives, they will
start gathering evidence. An appointment is made for the child to
go to the Multi-Disciplinary Interview Center (MDIC) for a forensic interview by a trained child
counselor, to ensure that all the information that is needed to protect
the child and prosecute the case had been obtained. The MDIC center
and CPS are both run by the Department of Health and Human Services.
If the sexual assault was reported immediately
upon occurring, the child will be taken for an acute sexual exam at
the UCD Medical
Center, Child
and Adolescent Abuse, Resource, Evaluation (CAARE)
department. Also, if the details of past sexual assault warrant
a medical examination, the detective will set up an appointment for
the child at the UCD Medical Center, CAARE department. This special
unit is located away from the hospital and staffed with specially
trained doctors, physicians assistants, and nurses to ensure a comfortable
exam will be performed with the least amount of trauma to the child
victim.
Often a suspect is arrested, either at the
scene or by an arrest warrant obtained later. At this point, the
District Attorneys Office reviews the evidence and files the charges.
Then an attorney from the SACA unit, and a victim-witness advocate
are appointed to the cases. The victim or the victim’s family does
not have to attend any hearing unless subpoenaed, and we always try
to keep that to minimum. The first hearing is an arraignment where
the charges are read and bail is set. After that is a preliminary
hearing, where the detective will testify to what the victim and witnesses
have previously said. Then a trial is set. If a case goes to trial,
the victim and witnesses will be called to testify. If a victim testifies
in a case, both the attorney and the advocate will be present to help
the child in the courtroom and before. By law, a child victim can
have a support person present in the courtroom if they desire.
After trial and conviction, the case is sent
to the Sacramento County
Probation Department for a pre-sentence report. A sentencing hearing
is set four weeks after the trial. At sentencing, the victim and
family members are allowed to make a victim impact statement to the
court. Then the judge sentences the perpetrator.