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  1. #1
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    May 2011
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    Default Victims Rights in Sexual Assault Case

    My question involves the rights of crime victims in the state of: Maryland

    My friend has recently had the extreme misfortune of being sexually assaulted. She has just recently decided to file charges and is dealing with all of the legality that comes along with this. I thought I could help her out by trying to find her some answers to the less personal questions involved with the incident and so here I am. The question I'm looking for an answer to is about legal representation for victims. In the event of pursuing criminal charges such as these, will my friend be appointed a legal representative by the sate? Or will she have to commission one herself?

    If one is appointed, would this appointed lawyer carry a heavier stick than say a public defender (no offense intended)? Even if a state attorney is appointed would she have the option to commission a private attorney of her choice? Is it recommended to commission private representation as opposed to a public appointed attorney in a case such as this? Thanks to any with insight in advance

  2. #2

    Default Re: Victims Rights in Sexual Assault Case

    Quote Quoting mf81291
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    My question involves the rights of crime victims in the state of: Maryland

    My friend has recently had the extreme misfortune of being sexually assaulted. She has just recently decided to file charges and is dealing with all of the legality that comes along with this. I thought I could help her out by trying to find her some answers to the less personal questions involved with the incident and so here I am. The question I'm looking for an answer to is about legal representation for victims. In the event of pursuing criminal charges such as these, will my friend be appointed a legal representative by the sate? Or will she have to commission one herself?
    In a criminal case, it is the STATE who brings charges against the accused, on behalf of the victim and on behalf of ALL members of society (crimes are considered to have been committed against everyone, not just the immediate victim). From a legal standpoint in the mechanics of a criminal case, the victim is really only a witness - the rest is in the hands of the state who takes on the case FOR the victim.



    Even if a state attorney is appointed would she have the option to commission a private attorney of her choice?
    Only if she wants to sue the offender in civil court for damages (medical bills, damaged property, pain and suffering, lost wages, etc.)

    You can get an overview of the court process, and the differences between criminal trials and civil lawsuits at:

    http://www.aardvarc.org/victim/court.shtml

    Your friend can also ask either the police or the state attorney's office if they have a victim advocate available who can help walk her through the local procedures, make sure she gets notified of court dates and hearings, to help her exercise her rights to participate at various points in the process, etc.

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