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In a sexual assault case, is the victim notified when they have the suspect is in custody? (TX)

Houston, TX |

A woman is sexually assaulted in texas by someone she just met. She gives the investigators a lot of helpful information to assist them in finding the suspect. (Location, physical description, auto description, etc, although no name.) She's presented with a photo line up and selects one. Investigators don't inform the victim if it's the suspect they also suspect, only that they are giving it to the DA.

Please explain this legal protocol of withholding suspect info. Also, if/when the suspect is arrested, will the victim be notified?

Further helpful info: Rape kit is still in process, although possible fingerprint evidence was provided to the lab. Additionally, video surveillance of ID presented by suspect likely created effective leads independent of DNA.

Thank you for your help!

Attorney Answers 3


  1. Best answer

    If you want to know if the person is arrested, the best thing to do is to contact the detective or police officer who has been doing the follow up work on this case. The prosecutors office is probably the last place to go to look for information at this point.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  2. The detective will probably let the victim know when the guy is picked up. You can always follow up with him to find out. They do not always tell you if you picked the right person out of the line up. They don't want to taint future line ups (which it really is after the first anyway) by telling you. The DNA evidence will be irrefutable. So don't worry if you picked the wrong guy. The defense attorney will attack this but the rest of the evidence will likely outweigh that with a jury (if the case goes that far).

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  3. Once someone has been charged the district attorney's office is under an obligation to make the victim aware of any plea negotiations.

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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