It has been ruled that the court must make a decision on a protection order within a maximum of 48 hours, including weekends and legal holidays, if the application is related to a sexual offense.
The “Rules on Trial of Sexual Offenses” released by the Department of Judicial Administration (DJA) outline the procedures for the trial of sexual offenses. If a protection order is appealed, the court must rule on the issue within 10 days of its registration.
If a case is brought in court under the Sexual Offenses Act, the court must rule on the case within six months of its registration. Furthermore, if an appeal is made against such a ruling, a decision must be rendered within 90 days of its registration.
These guidelines govern taking of evidence as well as the procedure to be followed in compensation claims.
Procedures for obtaining evidence
According to the guideline, the court must arrange for the accused and victim to appear in separate places rather than in the same one. The regulation allows court the authority to conduct the trial without allowing the victim to see the offender.
Moreover, it adds that the accused’s counsel must be careful not to ask the victim of the crime numerous questions on the same topic, but must be respectful, and it is not permissible to expose the victim’s details.
The testimony of a person with a mental or physical disability must be taken in the presence of a person who can interpret what the person says as well as with the presence of a social services worker.
However, if the witness is a minor, the testimony must be taken out of court in the presence of a trusted person through video or audio interview, and the testimony must be heard in court in the presence of all of the case’s judges.
The goal of such a rule is to detail the procedures for prosecuting such offenses under the Sexual Offenses Act.