All seven indictments are derived from a female student's allegations about events that took place on the morning of May 2. The case will likely go to trial within a year.
"He has great faith in the justice system and looks forward to his complete exoneration," Cathy Green and George Ostler, Gilbert's attorneys, said in a statement.
After the case was transferred to Grafton County Superior Court from the New Hampshire Second Circuit Court last month, county prosecutor Lara Saffo was given 60 days to file an indictment.
The grand jury returned an indictment for each of the seven charges submitted by Saffo three more than Hanover Police initially brought against Gilbert in circuit court.
Charges can be filed "in the alternative," meaning that in Gilbert's trial multiple charges may be associated with one act of sexual penetration. The number of charges is based on the number of circumstances that qualify the act as aggravated sexual assault, acting Hanover Police Chief Frank Moran said.
Gilbert's seven indictments are based on multiple alleged acts. Among them they specify that one or more of the acts took place through the use of physical force, without the victim's consent, when she was asleep, before she had an adequate chance to flee or resist and through the use of concealment or the element of surprise.
"The smart prosecutor is going to be writing that indictment in a way that is legally sufficient to prove guilt and consists of facts that he or she feels they can prove beyond a reasonable doubt," said Concord-based attorney Andrew Winters, who has defended similar cases in court.
If convicted, Gilbert could receive up to 10 to 20 years per act.
Moran presented the case to the grand jury at the superior court last Friday.
The trial will likely take place in about a year, though its target date is Apr. 15, 2014. Defendants often waive their right to a speedy trial in order to prepare, Winters said.
One of the most common defense strategies in a sexual assault trial is to discredit the witness, he said.
"The most common angles would be to look for a motive for why the charge could be fabricated and pursue a theory of defense that will demonstrate why the charge could be a fabrication," Winters said.
In preparing Gilbert's defense, Green and Ostler will likely review the prosecution's "discovery materials," including the accuser's statement, witness statements, any physical evidence, lab analysis, photographs and police reports, Winters said.
They may also hire a private agent to conduct an independent investigation, obtaining statements from witnesses and the victim's friends and acquaintances, he said.
The defendant does not have the right to appear or present evidence in his own defense before the grand jury, whose proceedings are secret, Winters said.
Gilbert was accused of raping the female student, a 19-year-old member of the Class of 2016, after entering her unlocked room in the early morning of May 2. She filed a police report on May 13, and two days later, after an initial investigation, Hanover Police arrested Gilbert and charged him with four counts of sexual assault.
The police department kept the College apprised of their investigation, College spokesperson Justin Anderson said.
"Dartmouth S&S and HPD became aware of the situation at approximately the same time," Anderson said. "Dartmouth let HPD take the lead."
Gilbert was released on $75,000 bail after he was transferred to the Grafton County jail.
Ostler filed a motion to waive Gilbert's June 10 probable cause hearing.
A grand jury determines if there is probable cause that a crime has been committed and does not require proof "beyond a reasonable doubt," Winters said.
In New Hampshire, grand juries consist of 23 citizens selected at random in a process similar to that of jury trials, and at least 12 jurors must concur in an indictment. They review dozens of cases in a day, though complex or serious cases may require a longer review and, in exceptional instances, involve an investigation. Though grand jury trials are guaranteed to defendants by the Constitution, Winters said that their function is largely procedural.
Only in "extremely rare" instances do jurors fail to return an indictment presented by the prosecutor, he said.
Saffo and Nathan Miller, former director of Undergraduate Judicial Affairs, declined to comment.
Editor's note (June 15, 2014): Gilbert was acquitted of all charges on March 27, 2014. For a full story, click here.
