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Sexual Assault

Criminal Charges

A student may pursue criminal charges through the criminal court system. This process is initiated by filing a report with the appropriate police agency. The sooner the report is made, the more likely the successful prosecution of the assailant.

The purposes of reporting the assault to the police are to protect yourself and others from future victimization and to apprehend the assailant.

Prosecution is handled by the McLean County State’s Attorney office. Assaults occurring on campus are investigated by the University Police Department, and a report is forwarded to the State’s Attorney Office. An Assistant State’s Attorney will interview you concerning the case and explain the trial process. You may have a support person with you during this process.

The State’s Attorney Office may decide not to file charges against the assailant. This does not mean that the State’s Attorney thinks the charge is false, but rather that the evidence needed for a conviction is insufficient.

If the case is to be prosecuted, a Victim/Witness Service worker will be provided. This individual will work with you and provide information about the court system, trial dates and the status of your case.

If charges are filed, the assailant will be arrested and taken before a judge where he/she is formally charged and a plea of guilty or not guilty is entered. If the defendant pleads guilty, sentencing will be scheduled for a later date. If the defendant pleads not guilty, there will be a trial date set. The defendant will either remain in jail, or be released on bond to await the trial date.

A student may pursue both the university disciplinary process and the criminal process. These two processes are separate and independent of one another.

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