Legal Processes

This section provides general information about legal processes related to sexual violence. It is not legal advice. If you need specific legal advice, please consult with a qualified lawyer.

Criminal Law

Sexual assault is a criminal offence in Australia. If you report to police and they decide to charge someone, the case will be heard in criminal court.

The Court Process

If a case goes to court, the process typically involves:

1. Charges laid: Police formally charge the accused person
2. Court appearances: The accused person appears in court
3. Plea: The accused person enters a plea (guilty or not guilty)
4. Trial (if not guilty plea): A trial is held where evidence is presented
5. Verdict: A judge or jury decides the outcome
6. Sentence (if guilty): If found guilty, the person is sentenced

Your Role as a Witness

If a case goes to trial, you may be called as a witness. This means:

• You will give evidence in court
• You may be cross-examined by the defence lawyer
• You can have a support person with you
• You can request special arrangements (e.g., closed court, video link)
• Support services can help you prepare

Civil Law

In addition to criminal law, you may have options under civil law. This could include:

• Seeking compensation for harm suffered
• Applying for protection orders
• Other civil remedies

Civil law processes are separate from criminal law. You can pursue civil options even if you don't report to police, or if police don't charge anyone.

Getting Legal Advice

If you are considering legal action, it is important to get advice from a qualified lawyer. Support services can help you find a lawyer who specialises in sexual assault cases. See our Support Services page for contact information.

Important Notes

• Legal processes can be lengthy and stressful
• You can access support services throughout any legal process
• You can withdraw from a criminal process at any time (though police may continue without you)
• The outcome of a legal process does not define your experience or your worth