Salt Lake County District Attorney's Office

If my child is interviewed at The Children’s Justice Center, will he/she have to testify in court?
There are always exceptions, but generally the answer is yes. Although a videotaped interview may provide sufficient evidence to resolve a case with a plea negotiation or get a case bound over for trial, the defendant’s right to confront witnesses against him/her generally necessitates a child testifying at a jury trial.

If the D.A.’s office declines to file charges, does that mean that they didn’t believe me or my child?
No. Charges are declined for a variety of reasons. Ethically, a prosecutor cannot file charges unless there is a reasonable likelihood of success at trial, based on admissible evidence. Therefore, the prosecutor must examine all evidence, which includes witness statements and physical evidence in order to determine the likelihood of a successful prosecution.

Does the prosecutor represent the victim in a given case?
No. Prosecutors in the DA’s Office represent the people of Salt Lake County. Although the interests of the victim and the public are often aligned, the prosecutor’s job is to ensure that justice is served. Therefore, while the prosecutor is sensitive to the needs and requests of victims, the ultimate decision regarding the outcome of a case lies with the discretion of the assigned prosecutor.

What if I change my mind and decide not to pursue charges?
A victim’s decision plays a role in the ultimate outcome of a prosecution, but will not independently determine whether charges are filed. In ensuring that justice is served, the DA’s Office has an obligation to vigorously prosecute cases where evidence demonstrates that a crime has been committed, even if that conflicts with the victim’s desires.

Will the person who hurt me or my child have to pay for counseling and medical expenses?
The court may order the defendant convicted of a crime to pay restitution to cover these expenses. Additionally, the DA Counseling Unit will provide you with a form to request reimbursement from Crime Victim Reparations so that you may receive payment in a timely manner.

Will I be able to find out if the person who sexually assaulted me or my child has HIV?
As part of the sentence for a sexual offense, at the victim’s request, the court may order a defendant to be tested for HIV. Additionally, the results of this testing may be released to the victim and/or victim’s family.