How Long Does a Sexual Assault Case Take? If you are under investigation for sexual assault in Missouri, you should anticipate the process to take at least six months. However, several factors can impact this timeline, potentially shortening it to just a few months or extending it to a year or longer.
Generally, the stages of a sexual assault case are:
- Investigation (a few weeks to several months)
- Filing of charges (days to months)
- Pre-trial (months to over a year)
- Trial (a few days to several weeks)
- Sentencing (if applicable – a few weeks to months)
- Appeals (if applicable – months to years)
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Stages of a Sexual Assault Case in Missouri
Not all of the stages may apply to your case, especially if the case is dismissed, you agree to a plea deal, or are found “not guilty” at trial.
1. Investigation
Timeline: A few weeks to several months.
After the accuser reports the alleged assault, law enforcement begins an investigation. This includes interviewing witnesses, gathering evidence, and sometimes consulting forensic experts. The length of this phase depends on the availability of evidence, the complexity of the case, and how cooperative witnesses are. Delays can occur if the police need more time to locate key witnesses or process evidence.
2. Filing of Charges
Days to months after the investigation concludes.
Once the investigation wraps up, the prosecutor will review the evidence and decide whether to file charges. This decision depends on whether there is enough evidence to support the allegations. In some cases, the prosecutor may delay filing charges while waiting for additional evidence, such as lab results or expert witness reports.
3. Pre-Trial
Months to over a year.
The pre-trial phase typically includes several steps:
- Arraignment: The accused is formally charged in court.
- Discovery: Both sides exchange evidence and witness lists.
- Pre-Trial Motions: Attorneys argue over what evidence can be presented at trial.
- Plea Bargaining: In some cases, the prosecution and defense may negotiate a plea deal to avoid a trial.
Court backlogs and procedural delays often make this phase one of the longest. If the defense requests continuances to gather more evidence or prepare motions, the timeline can stretch even further.
4. Trial
Timeline: A few days to several weeks.
If the case goes to trial, it can proceed quickly or take weeks, depending on the complexity of the evidence and the number of witnesses. During the trial, the prosecution and defense present their cases, and a judge or jury renders a verdict.
5. Sentencing (If Applicable)
Timeline: A few weeks to months after a guilty verdict.
If the defendant is convicted, the court schedules a sentencing hearing. The prosecution, defense, and victim may present arguments about what the punishment should be. Complex factors, such as victim impact statements or expert testimony, can extend this phase.
6. Appeals
Timeline: Months to years.
If the defendant appeals the verdict or sentence, the case enters a new phase that can add years to the overall timeline. Appeals involve reviewing trial errors or legal missteps, and eventually waiting to have an appellate court review the case, which can be time-consuming.
Average Duration of a Sexual Assault Case
On average, a sexual assault case might take anywhere from 6 months to several years to resolve. Many cases fall into the 1-2 year range, depending on whether they go to trial and how busy the court system is.
How a St. Louis Sex Crime Lawyer Can Help
If you’re involved in a sexual assault case, it’s important to prepare yourself for a potentially long process. Whether the case his handled quickly and efficiently or goes on longer than you were expecting, an experienced St. Louis sex crimes lawyer at Combs Waterkotte can help you find the best resolution to your case.
We will:
- Do everything in our power to reduce your bail and get you out of jail as quickly as possible.
- Explain what to expect at each stage and providing updates on progress. You can call us at any time day or night with questions or concerns.
- File motions promptly and negotiating with the prosecution to avoid unnecessary extensions.
- Ensure that no time is wasted in gathering evidence and preparing your case.
- Work to reach a favorable plea deal to avoid a lengthy wait while we prepare for trial.
- If you decide it’s in your best interest, defend you all the way through trial and work to achieve a “not guilty” verdict.
Our Missouri criminal defense attorneys have successfully handled over 10,000 cases just like yours. We can help you too.
Accused or Sexual Assault in Missouri? Call Combs Waterkotte Now.
If you’re facing a sexual assault case, don’t go through it alone. The sooner you have an experienced attorney on your side, the better your chances of a fair and timely resolution.
Contact Combs Waterkotte online or call (314) 900-HELP today for a free consultation. Let us help you protect your future.
