Question 1

What will happen next in Delaware?

Accepted Answer

Now that all pre-2019 kits have been tested, follow-up continues with a multi-disciplinary approach. Law Enforcement, a Deputy Attorney General, and Victims Services professionals review all aspects of the case to determine next steps. If a case is reopened, Victim Services and Special Victims detectives will meet with the survivor to see if they wish to engage in the criminal justice process. We are victim-driven, working at the survivor’s pace, so that they can take time to process everything, seek support from loved ones, and talk with sexual assault victim advocates who can help them make an informed choice. The next step could include a meeting with the Department of Justice to speak with the Prosecutor and the Victim/Witness Social Worker.

Question 2

What if you do not want to participate?

Accepted Answer

A survivor has the right to decline to speak with Victim Advocates and Law Enforcement Investigators; however, decisions regarding prosecution are made solely by the prosecutor.

Question 3

Will there be a trial?

Accepted Answer

Many factors go into the decision to prosecute an offender, and even cases that are prosecuted do not always end up in a trial. For example, there won’t be a trial if the identified offender is deceased, or in the case of a plea agreement. Survivors have the right to voice an opinion about a plea agreement, and should be kept informed about the progress of their case by the prosecutor’s staff.

Question 4

What rights do survivors have?

Accepted Answer

Survivors have the right to be treated with fairness, dignity, and respect; to privacy and confidentiality; to be informed; to be heard and to participate in the criminal justice process; to timely disposition of the case; to notice about the status of the case; and to apply for compensation. Survivors have a right to ask about the status of their case and the results of the Sexual Assault Kit. Please see the Delaware Victims Bill of Rights

Question 5

Does the victim’s DNA go into CODIS?

Accepted Answer

No, victim DNA is never sent/uploaded to CODIS.

Question 6

If there is a CODIS hit, does it mean that the suspect has been identified?

Accepted Answer

It depends on the type of hit. If there is a CODIS hit to a known offender whose DNA is already in CODIS, investigative follow-up typically occurs to determine that person’s potential involvement. If, however, there is a CODIS hit to another case, this is known as a forensic hit. In this scenario, a suspect would only be identified of one of the matched cases has a known suspect or known offender. If not, the hit only confirms that the two crimes were likely committed by the same person, but that person’s identity is unknown.

Question 7

Is there assistance available for a case update, counseling or other related financial costs?

Accepted Answer

Crime Victim Compensation Fund

Delaware has a crime victim compensation fund designed to reimburse crime victims for some of the costs resulting from criminal victimization. Information is available by contacting:
Victims' Compensation Assistance Program (VCAP)

Victim Case Status

We encourage those who have ever had a sexual assault kit collected and would like more information such as status of their case or to be connected to the correct department to please contact one of the following:

Delaware Victims Center at 1-800-VICTIM1 (1-800-842-8461)
The specific Police Departments Victim Services Unit
Department of Justice at 302-577-8917
You can also call the Delaware SAKI Coordinator, Mike Kelly at 302-577-8717 or send him an email to michael.kelly@delaware.gov.

Victim Support

All victims of Sexual Assault can receive support and information by calling the following Rape Crisis Hotlines 24/7:

New Castle and Sussex County YWCA SARC 1-800-773-5870
Kent and Sussex County call the ContactLifeline Rape Crisis at 1-800-262-9800. They can help answer your questions and help with the application process as well.

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State of Delaware Criminal Justice Council

Delaware's Government

State of Delaware
Criminal Justice Council