You’ve reported sexual assault to police. What happens next?

While most sexual violence is not reported^[1] to police, recent Australian statistics^[2] show reports of sexual assault to police are rising.

But deciding to report is just the first step in a potentially long legal journey. A new research report, What No One Told Us^[3], highlights that most victims don’t know what to expect from the legal process.

Victims need clear information about the criminal justice system so that they can be prepared and make informed choices. Here’s how it works.

Reporting to police

There are different ways to report sexual assault to police in Australia. Victims can call or visit a police station. Several states have online form^[4] options, where victims can stay anonymous or include details to be contacted by police.

Victims may be referred to a specialist sexual offences team, who have more training in how to investigate sexual crime.

Police responses can vary. Some investigators can be empathetic and supportive^[5]. Others can show victim-blaming^[6] attitudes that discourage victims from continuing with their reports. This has been described as the “police rape lottery^[7]”.

Race can play a role in how victims are treated by police. As Indigenous academic Amy McQuire points out^[8], Aboriginal and Torres Strait Islander victims are more likely to be dismissed and ignored.

A victim cannot choose who investigates their case. But they may be able to request a new investigator if they feel unsafe or uncomfortable.

Victims may need to retell their accounts multiple times if investigators go on leave or change roles.

In Australia, there are no time limits^[9] for reporting sexual assault to police. Victims can report even if the violence occurred years or decades ago.

The investigation

After a victim has given an initial report, they may be asked to provide a formal statement as evidence. There are different ways to give a statement.

In some states, victims might be asked to participate in a video interview. In other states, police might type up a statement to be signed by victims.

Victims can request an interpreter or an intermediary^[10] to help with communication.

They can also have a support person present during a police interview, such as a friend, family member, community elder or psychologist. There are, however, restrictions on who can be a support person if they could also be a witness in the case.

Police may use an interview approach^[11] that asks about memories of the event/s. They may ask lots of questions to figure out what type of crime occurred.

Police might try to gather supporting evidence, such as CCTV footage or statements from witnesses. Victims might be asked to complete a forensic medical examination^[12] at a hospital to gather physical evidence.

Read more: I'm a medical forensic examiner. Here's what people can expect from a health response after a sexual assault^[13]

An investigation can take weeks, months or years. It’s important to have strong support^[14] while an investigation takes place.

Most cases^[15] do not make it past the police investigative stage. Police might not be able to identify an offender^[16]. They might decide there is not enough evidence to proceed.

Victims might decide to withdraw their complaint^[17] if they find the process distressing.

Police should talk to victims about restorative justice^[18] options. These aim to give victims an opportunity to discuss the harm that has been caused, along with steps to address the impacts of the harm.

Cases may progress through the criminal justice process if police decide to charge an offender.

Prosecution

A prosecutor’s job is to look at the evidence police have collected. They will decide if there is enough evidence to take the case to court.

It’s important to remember that a prosecutor is not a victim’s lawyer. A prosecutor represents the state. The victim is treated as a witness in the case.

But prosecutors are expected to treat victims with dignity and respect^[19] and keep them informed about their case.

Victim-led^[20] organisations have called for the national rollout of independent lawyers for victims. Victim’s lawyers^[21] already exist in some states and the Australian Law Reform Commission^[22] has recently recommended further funding to support independent legal advisers.

Read more: Victims of sexual violence often feel they're the ones on trial. Independent lawyers would help^[23]

Court and beyond

The court process can be complicated. In short, a person who is accused of a sexual crime may decide to plead guilty or not guilty. If they plead “not guilty” and a judge is satisfied there is enough evidence for the case to go to trial, then a trial date will be set^[24].

Most states have a service^[25] to support victims during the trial.

At trial, a victim will give evidence. This may be via closed-circuit television^[26] or in the courtroom.

Victims will be cross-examined by the accused’s lawyer. They will ask questions to test the evidence. This can be confronting^[27], especially when questions are designed to cast doubt on a victim’s account.

A judge will determine what evidence the jury can hear. The jury will decide whether the accused is guilty “beyond reasonable doubt^[28]”.

This can be a hard standard to prove in sexual offence cases. Only a small number of cases^[29] result in a conviction or proven outcome^[30].

Victims may still be eligible for financial support, compensation or a recognition payment^[31] from the state, even if there is not a trial or guilty verdict.

Overall, this information is not intended to dishearten victims, but to equip^[32] them. When victims know what to expect, they are better placed to advocate for their rights, access support and make informed decisions about engaging with the criminal justice system.

The National Sexual Assault, Family and Domestic Violence Counselling Line – 1800 RESPECT (1800 737 732) – is available 24 hours a day, seven days a week for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault.

The author would like to acknowledge campaigner and researcher Sarah Rosenberg for her support with this article.

References

1. ^{^} not reported (www.aihw.gov.au)
2. ^{^} statistics (www.abs.gov.au)
3. ^{^} What No One Told Us (withyouwecan.org)
4. ^{^} online form (www.aic.gov.au)
5. ^{^} empathetic and supportive (apo.org.au)
6. ^{^} victim-blaming (apo.org.au)
7. ^{^} police rape lottery (www.tandfonline.com)
8. ^{^} points out (www.theguardian.com)
9. ^{^} no time limits (www.alrc.gov.au)
10. ^{^} intermediary (www.alrc.gov.au)
11. ^{^} interview approach (www.tandfonline.com)
12. ^{^} forensic medical examination (www.lawreform.vic.gov.au)
13. ^{^} I'm a medical forensic examiner. Here's what people can expect from a health response after a sexual assault (theconversation.com)
14. ^{^} support (www.nasasv.org.au)
15. ^{^} Most cases (bocsar.nsw.gov.au)
16. ^{^} identify an offender (www.crimestatistics.vic.gov.au)
17. ^{^} withdraw their complaint (apo.org.au)
18. ^{^} restorative justice (www.alrc.gov.au)
19. ^{^} victims with dignity and respect (victimsofcrimecommissioner.vic.gov.au)
20. ^{^} Victim-led (withyouwecan.org)
21. ^{^} Victim’s lawyers (theconversation.com)
22. ^{^} Australian Law Reform Commission (www.alrc.gov.au)
23. ^{^} Victims of sexual violence often feel they're the ones on trial. Independent lawyers would help (theconversation.com)
24. ^{^} trial date will be set (withyouwecan.org)
25. ^{^} service (victimsandwitnesses.cdpp.gov.au)
26. ^{^} closed-circuit television (www.legalaid.vic.gov.au)
27. ^{^} confronting (academic.oup.com)
28. ^{^} beyond reasonable doubt (www.legalaid.vic.gov.au)
29. ^{^} small number of cases (bocsar.nsw.gov.au)
30. ^{^} proven outcome (www.jstor.org)
31. ^{^} financial support, compensation or a recognition payment (www.ag.gov.au)
32. ^{^} equip (withyouwecan.org)