Because the prosecution has the burden of proof, the prosecution begins the presentation of evidence by calling each of its witnesses to testify, one-by-one. It is during this phase that the sexual assault victim will be called to testify.

While generally courtrooms are open to the public, based on state law and local practice, witnesses to the case may not be permitted in the courtroom during the other witnesses’ testimony to ensure that their testimony is not influenced by what they hear someone else say. Because sexual assault victims are witnesses in the case, not parties, they may not be permitted to observe the portions of the trial in which other witnesses testify. This is further explained in Module 3.

Once the prosecution has presented all the evidence in the case, it will rest.

Again, because defendants have no burden of proof, they are not obligated to present any evidence. The prosecution’s evidence must stand on its own to establish that a defendant is guilty beyond a reasonable doubt. Often, once the prosecution has rested the defendant will make a motion requesting that the charges be dismissed at this stage for failure of the prosecution to meet their burden. If this motion is denied the trial continues. If a defendant chooses to present evidence, s/he will be permitted to do so at this point.