What swift justice?

Sexual assault victims wait months, years for attacker's trial

 Paula marks her calendar and waits patiently, clinging to communication from her advocates and updates she receives in the mail after every court date.

She goes to every Kane County Court hearing — that's a dozen times in the last five months — because she wants the man who sexually assaulted her teenage daughter last year to see her there.

She sits through an hour or so of miscellaneous cases before the one she's waiting for comes up. Then she watches as the attorneys call for postponements, make small motions or exchange evidence. It only takes about 30 seconds, then she goes home and waits again.

She waits to see if he will make bail. She waits for the state's attorney's office to collect evidence. She waits for the prosecutor to collect police reports. She waits for the results of crime lab tests.

Most of all, she waits for her daughter and the rest of her family to heal from the crime.

It might be years before they see a trial, if they ever see one at all.

"The hardest part about the legal system is realizing that you as the family, and as the survivor, have no control," said Paula, who asked that her real name not be used.

Police and advocates say the legal system has become more sensitive to sexual assault victims in recent years, but the long, drawn-out process may never change.

"That's the one thing we can't give them — swift justice," said Marie Ferro, legal and medical advocate for Mutual Ground, who works with Paula and her family.

Drawn-out process


Ferro hands victims a flow chart of the criminal court process whenever they decide to pursue charges. It's an intimidating sheet of paper, filled with dozens of arrows and little boxes for each scenario.

Most often, police reports are taken after a victim arrives at a hospital, where medical employees are required to notify authorities about every possible sexual assault. After hours of poking and prodding for medical tests and "evidence" collection, victims usually face a barrage of detailed questions about what happened and how it happened.

"We saw her just briefly at the hospital that day," Paula said of her daughter. "She needed to be processed, sadly. It was a cumbersome and long process that took six or seven hours, and the questions were hard, difficult."

In the weeks following, police conduct interviews, possibly make arrests. A suspect, if found, is charged after the state's attorney screens the case — and then the long process begins.

Few press charges


Most often, victims have to wait about 18 months for lab results to arrive and between eight months and two years for a case to go to trial.

During the wait time, sexual assault victims are increasingly finding support from local programs. For example, Mutual Ground volunteers are at local hospitals every time a sexual assault victim is brought in. Advocates from the Aurora agency and appointed by the courts can accompany victims to all hearings and answer questions.

But with an undoubtedly difficult and tiring legal process, most victims never press charges against their offenders.

According to the Illinois Coalition Against Sexual Assault, only 30 percent of victims report the crimes. Fewer still opt to go through the courts.

Though reports of sexual assaults in Aurora have increased about 6 percent each year over the last two years, and more than 80 percent of victims talk to police when they respond to calls from hospitals, the vast majority quickly drop their cases, said Sgt. Marshall McQuinley of the Aurora Police Department.

Victim 'on trial'


Over the last year, Aurora police took 46 reports of sexual assault. Nineteen involved minors and were referred to child advocacy centers in Kane or DuPage county. Of the 27 remaining reports, just seven charges were made. Those cases are now awaiting trial.

Most of the other cases were cleared when victims refused to file charges, recanted their story or declined making an official report when police arrived. Three were closed when officers felt there wasn't enough evidence to go to court.

"Unfortunately, most of the sexual offenders go free for lack of complaint," McQuinley said. After a report is taken, officers interview the alleged offender, but let him go while they work on a warrant for arrest. Most questioned say the sex was consensual, McQuinley said. "And the victim then goes on trial instead of the offender.

"This is one of the only crimes I know of that the victim has to prove she's not responsible for the offense. Do we ask mugging victims if they were walking down the street and yelling 'I've got money'? No, but we ask sexual assault victims, 'Well, what were you wearing? That's a little low-cut.'"

In the last few years, experts say great strides have been made in countering these misperceptions in the legal system.

Aurora police underwent Mutual Ground sensitivity training last year. More nurses are becoming certified as sexual assault examiners, which allows them to serve as expert witnesses in trials. Courts are increasingly using closed circuit television when children testify. Victims can now obtain Civil No Contact Orders so their offenders are legally required to stay away.

The legal process might never speed up — defendants will always need to be given a fair trial and presumed innocent until proven guilty, said Jean Fletcher, Kendall County assistant state's attorney. But partnerships with groups like Mutual Ground have at least helped communication between the prosecutor's office and victims.

"I don't think there's a quick fix," Fletcher said. "But we're trying very hard not to revictimize the victim."

For Paula, that's at least a small comfort in a process no mother ever wants to be a part of.

She says her daughter has been strong and treated well by law officials and court representatives. If all goes smoothly, the attacker will be locked away, unable to hurt another woman.

And that's another small comfort.

"The legal part is secondary to healing," she said. "Even when it's over, it doesn't mean that everything is going to go away. What's most important is that she's healing. He may have control of a couple hours of her life that day, but that's it."