“The system intimidates, degrades and mistreats women who are brave enough to come forward. In fact it seems to me that it protects perpetrators.”
Karen Willis, Manager NSW Rape Crisis Centre, 2004.

The investigation and prosecution of sexual assault complaints are particularly complex for the victim.  It can be difficult to face the person accused of intimate violation, and their legal team. However, the only opportunity victms have to hold their perpetrators accountable is to stand up for themselves and other victims and cooperate with the often harsh and unforgiving criminal legal system.

Note we do not call it ‘criminal justice’ because justice for victims of crime is not its aim.

The police have the discretion to investigate a complaint and possibly charge an offender.  They will be constantly reviewing evidence, statements, allegations and facts. Their job is to prepare a brief of evidence and, if they believe there is sufficient evidence to satisfy ‘onus of proof’ obligations, the matter can be referred to court or to the prosecuting authority.

If the matter proceeds from police, the prosecution is a challenging process.  An accused may of course plead guilty of the crime, may be offered a plea negotiation where the charges are generally reduced in return for a guilty plea, or the case may proceed to a hearing or trial.

The role of the victim is to give evidence, if and when required by the prosecution or defence.  Refer to prosecution guidelines (See http://www.odpp.nsw.gov.au/)

A victim/witness should expect to be challenged about consent, their character, their prior sexual history and other personal matters.

Seek support and guidance from your counsellor, the Rape Crisis Service, Sexual assault services, the Witness Assistance Scheme at the DPP or from VOCAL. See useful links for support and contact information.

A victim who is to undergo a court matter is welcome to contact VOCAL so we can explain the system more fully.  Remember, that the victim/witnesses’ role is to give the best evidence of what you saw, heard or experienced directly. You do not have to take responsibility for the vagaries and failures of the legal process.  Our aim is to ensure a victim can go through the court process, empowered by understanding it,  doing their best, and able to detach from the rest of the court behaviours, and outcomes. 

A not guilty finding does not mean the crime did not occur exactly as you described. It reflects a failure of the prosecution, not the victim. This system sees society as the victim, not you.  That’s why you can’t have your own legal team.