PRELIMINARY HEARING/TRIAL A preliminary hearing is a hearing in front of a judge. It is usually not required for each case but depends on the charges laid. At a preliminary hearing, the judge will decide if the Crown Attorney has enough evidence to proceed to trial. You will most likely have to testify in a preliminary hearing. Other witnesses may have to testify as well. Finding of Guilt The accused may choose to enter a plea of guilty to the charge or charges. In other words, they may choose to acknowledge in court that they committed the offence, or part of it. If the court finds the accused guilty, or there is a firm indication of a guilty plea prior to sentencing, the Crown Attorney will invite you to complete a Victim Impact Statement. This statement is your opportunity to share how the sexual assault has affected your life. It is taken into consideration by the judge for sentencing. Your V/WAP worker can help you with completing your statement, but it is optional. Please note that your Victim Impact Statement must be received in a timely fashion ahead of the sentencing date and will be disclosed to the defence attorney and shared with the accused. You may read your statement aloud in court or through alternate formats (which can be discussed with your Victim/Witness Services Case Worker) or it can be filed with the judge.
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