What is a legal advocate?

A legal advocate provides information and support to victims. Rather than speaking for victims, advocates help victims to find their voice. PAAR’s advocates are familiar with both the criminal and the juvenile court systems and have an in-depth knowledge about sexual assault. Our legal advocacy services include:

• Crisis intervention appointments
• Court preparation and accompaniment
• Support throughout the court process to minimize confusion and intimidation of the court system.
• Help victims cope with the emotional effects of sexual assault
• Act as liaison between victims and assistant district attorneys, detectives and social service providers

Regardless of the age of the victim, cases are prosecuted in juvenile court if the offender is under the age of 18.

Can I report the assault to the police without prosecution?

Yes. Most local law enforcement will take information without requiring the victim to press charges.

Do I need to hire my own attorney?

No. As the victim of a crime, you become a witness for the Commonwealth of Pennsylvania. The Allegheny County District Attorney’s office will provide an assistant district attorney to serve as the lawyer for the prosecution.

How long before we go to trial?

The time can range from 6 months to a year. The length of time depends on the number of cases before the court, delays relating to scheduling conflicts or the need for additional time to prepare for trial.

Will I be identified in the news on TV or in the newspaper?

In Allegheny County, the TV and print media have agreed not to identify the victim. See below for additional media information.

How do I press charges, and how does the process work?

• Go to the police department (where assault occurred) or call 911. Police can be called by the emergency room staff. We do suggest calling PAAR for a medical advocate once you’re at the hospital. Let that person know you are also interested in a legal advocate.
• It is now law enforcement’s job to investigate.
• The alleged perpetrator is arrested if probable cause is determined.
• The preliminary hearing (to determine if the state has sufficient evidence to take case to trial) takes place 3-10 days following arrest. Victims testify in front of the local magistrate, but the perpetrator does not usually testify at this hearing.
• At the conclusion of the preliminary hearing, the magistrate can then send the case to the Allegheny County Commonwealth Court for trial OR dismiss the charges against the defendant.
• If the case is sent to the Allegheny County Court for trial, the victim will meet with the assistant district attorney for a pre-trial interview approximately four months following the preliminary hearing.
• A trial is held 6-12 months after the preliminary hearing. Victims again testify at this point. Expect postponements.
• The defendant decides whether she/he would like the case to be heard in front of a judge or jury.
• All criminal court proceedings are open to the public.
• The defendant will be found guilty or not guilty.
• If found guilty, sentencing (approximately 6 weeks after trial) is held before the judge and the victim will be asked to give a victim impact statement. The court will take this statement of your feelings into consideration when deciding the sentence.

 For Juvenile Court…

 As a juvenile, the perpetrator may be sent to Shuman Center until the detention hearing or released to his/her guardian while remaining under the court’s supervision.

• The detention hearing is held 72 hours after the juvenile’s arrest. This hearing is held to decide whether there is enough evidence to proceed with a juvenile court hearing. If there is not sufficient evidence, the charges are withdrawn and the case is dismissed.
• If the alleged offender is sent to Shuman, the adjudication hearing (judge determines if the juvenile committed a crime beyond a reasonable doubt) is held within 10 days. If the alleged offender is not sent to Shuman, an adjudication hearing is scheduled within 60 days. The alleged offender remains on home detention or electronic monitoring.
• If found to be adjudicated delinquent (similar to being found guilty), the juvenile will be given probation and/or sentenced to treatment out of the home.

PAAR's intervention team follows the National Center for Crime Victims' guidelines for dealing with media requests.

• The PAAR legal advocate will not release victim information to the media, per Act 111.
• The PAAR legal advocate will notify the victim that she/he has the right to exclude children from media interviews, as recommended by the General Assembly.
• The PAAR legal advocate will inform the victim that the media may be present in the courtroom and may approach her/him for an interview.
• The PAAR legal advocate will provide victims who choose to deal with the media a copy of the National Center for Crime Victims' Guidelines for Dealing with the Media.
• The PAAR legal advocate will protect the victim's right not to accommodate the press.
• The PAAR legal advocate will explain the options available to the victim if she/he has a complaint about something the media printed or filmed.
• The PAAR legal advocate will mediate between the media and the victim to determine if the victims wants any contact with the media.
• The PAAR legal advocate will use the strength of her/his program/office and experience to be a buffer between the media and victims.
• The PAAR legal advocate will, along with her/his employer, Pittsburgh Action Against Rape, encourage ethical, sensitive reporting by educating media personnel, police and prosecuters to the needs of victims.
• The PAAR legal advocate will attempt to establish a good rapport with the media, when appropriate, in an effort to utilize the media to increase legal awareness on victim issues.
• The PAAR legal advocate will be aware that these rights are not mandated by statute.