Legal Information

Deciding the Charge

The police, in conjunction with the Director of Public Prosecutions (DPP), will  decide if there is enough evidence to roceed with charges. When they decide to proceed the police will lay charges against the person who committed the
assault who is then referred to as the ‘defendant’ and the survivor becomes the  ‘chief witness’.

If the offence falls into the category of “acts of indecency”, the matter may be dealt with in the Magistrates Court. If the offence falls into the category of ‘sexual assault’ then the matter will proceed to a committal hearing in the Magistrate’s Court. The SACAT member will keep you informed of proceedings. The court process is seen by many as intimidating and alienating. Talking with a support worker can relieve some anxiety.

The Committal Hearing

At this hearing, which usually occurs up to six months after reporting to the police, a Magistrate is presented with all the evidence and hears argument from the DPP and from the defendant. The defendant can choose not to give evidence. The survivor of sexual assault must give evidence under oath or affirmation and can be cross-examined by the defendant’s lawyer.

In the ACT survivors can request that their evidence and the cross-examination be done using a video link so they do not have to go into the courtroom with the defendant. This is at the discretion of the Magistrate. Survivors may also
request a ‘closed’ court. Where the court is shut to the public. This too is at  the discretion of the Magistrate. Once the Magistrate has heard all the evidence they will decide whether the matter will go to the Supreme Court for a
full trial by jury. If there is not enough evidence, the case will be dismissed  at this point.

Compensation

• Financial Assistance

A victim of violent crime in the ACT can apply to the Registrar of the Magistrates Court for financial assistance to cover any costs reasonably incurred because of the crime. These costs may include medical costs, loss of earnings etc. The crime must have been reported to the police.

• Special Assistance

Special assistance is available in the form of compensation for pain and suffering to victim/survivors of sexual assault. Victim/survivors of sexual assault DO NOT have to approach the Victims Service Scheme but MUST HAVE reported the assault to the police. All financial assistance is capped at $50,000 per victim/survivor (including payments made to related victims such as mothers).

Victims Service Scheme Freecall  1800 822 272

The Court Process

Workers can explain what happens in court and how you might be affected. They can also accompany you to court if you choose. If you know the person who assaulted you and are frightened of them, you can apply to the Magistrates Court for a Restraining Order or a Domestic Violence Order. Alternatively, the bail conditions can apply similar restrictions.

Legal Services

Police Contacts

Police Sexual Assault and Child Abuse Team.
Contact:

6256 7747 8am – 10pm (Mon to Fri)
6256 7583 9am – 5pm (Sat)

11-444 (24 hours)

6257 6530 TTY

Legal Aid Office Contact: 6243 3411 City (9am to 5pm, Mon to Fri)
6243 3471 Woden (Appointments)
1300 654 314 Legal advice (9am-4pm, Mon-Fri)

Welfare Rights and Legal Centre Contact: 6247 2177
9.30am to 4.30pm – Mon, Tues, Thurs and Fri
9.30am to 1pm Wednesday

Aboriginal Legal Service Contact: 6249 8488 (9am-5pm, Mon-Fri)

Victims of Crime Coordinator Contact: 6257 8452(Office)
(9am-5pm, Mon – Fri)
041118 2413 (Mobile)

ACT Office of the Director of Public Prosecutions (DPP)
Contact: 6247 3800 (9am-5pm, Mon-Fri)

Financial Assistance Scheme Supreme Court Registry
Contact: 6267 2707 (9am-5pm, Mon-Fri)

ACT Human Rights Office
Contact: 6207 0576 (9am-5pm, Mon-Fri)
6207 0525 (TTY)

Tenants Advice Service
Contact:6247 2011 (9.30am-1pm, Mon-Fri)

Wraparound

Wraparound is a coordinated response to victims of sexual  assault reporting, or considering reporting, to the ACT Police. The program comprises Canberra Rape Crisis Centre and/or the Service Assisting Male Survivors of Sexual Assault, Australian Federal Police, Victim Support ACT, Forensic Medical Sexual Assault Care and Office of the Director of Public Prosecutions. The wraparound is a mobile counselling and support service that responds to the victim at the time of initial presentation to police or forensics/medical services. In addition to this, it brings together the agencies in monthly meetings to exchange information and to provide support and a coordinated case management service to victims for the duration of their engagement with the criminal justice system.

http://wraparound.victimsupport.act.gov.au/category.php?id=32

 Reporting the Rape

You may decide that you want the police to take action about the sexual assault. The decision whether or not to report your assault to the police must  be your decision. Rape Crisis workers will support you with whatever decision
you make.

The ACT has a specialised police unit called the Sexual Assault and Child Abuse Team (SACAT). Its purpose is to investigate sexual assaults and provide victim support to those people in the ACT, regardless of age or gender,
who become victims of such crimes.

The SACAT is part of the Australian Federal Police. SACAT members are specially trained police investigators, the majority of whom are women. The Police officers are not uniformed. Rape Crisis workers can accompany clients to
SACAT, and offer court preparation, court support and on-going counselling throughout this process.

Informal Reporting

You may choose to informally report the matter to the police, even if you do not want to proceed at that time, or at any other time. Informally reporting the matter to the police does not prevent you from making a formal
statement at later date. If you do decide to formally make a complaint, the following is a summary of the steps that will be involved.

Making a Statement

If you decide to formally report the assault to the police, you will be required to make a detailed statement to the police about what happened to you. A police officer from SACAT who has been trained to deal sensitively with
sexual assault investigations, will take your statement.

Both male and female Police Officers are available to take your  statement. The choice is yours. Where necessary the police will attend the actual scene of the crime and obtain details of the assault so that detectives
may commence their investigation.

The police will ask you to describe in your own words what happened and  will ask you questions so no details are left out. It will help the investigation if you try to give as much detailed information as possible -  even seemingly irrelevant details such as the weather, clothing, exact order of events etc. It is your right to have a support person of your choice with you during this process, to advocate for you if necessary, someone who believes you and is aware of your feelings and your needs.

You are the victim of a crime. You are not the guilty person and you are not under arrest, so you can make a phone call to anyone you wish and you should be able to leave the premises at any time. The statement usually takes
at least four hours, and breaks for rest and refreshment are taken as a matter of course.

You can also choose to give the bulk of the statement, go home and return the next day to complete it. The statement is a signed, typed record of details of events leading up to, during and after the assault. It will also contain your description of the rapist and any conversation that took place.

You are then asked to sign this statement. It is important that you thoroughly read this statement before you sign it, as it will become primary evidence for the court case. It is also important to get a copy of your statement. Although you will not have to repeat your statement word for word in court, you will be expected to give a fairly similar account, where details and order of events will be important. You can add to your statement if you
remember further details later on.

The information in this statement will then be used by the police to investigate your complaint and, if someone is arrested, to take the case to court. A copy of your statement will be given to the defendant’s lawyer

The Supreme Court Trial by Judge

The defendant may plead guilty at, or before, the committal hearing and the case will not proceed to a trial by jury. If the defendant pleads guilty, he will be sentenced by the Magistrate. The prosecution may apply on your behalf to the
Supreme Court for you to use a video link or to have a closed court. This again is at the discretion of the Judge.

You will be called to the witness stand to give evidence. You will be asked to swear an oath or affirmation that all you say is true, and you will be asked to state your name, address and occupation. You have the right not to give your
address. Legislation in the ACT requires your name to be suppressed in any media reportage. First, you will be asked questions by the prosecutor and then by the defence lawyer.

The Prosecutor is a representative of the Crown who by prosecuting for the State becomes in some way the legal representative for the victim. The prosecutor will ask questions about the information in your statement so that you don’t leave out important facts or details. After this the defence has the right to cross-examine you (that is, question you on the evidence you have already given or on matters not yet raised).

Assault survivors usually find this trial difficult – especially the cross-examination. But there are some things that you can do and points which you can remember that will help you to get through this:

• Consider your answers carefully and don’t feel
  compelled to answer quickly – you are allowed to take your time;
• If you are asked a question that you do not
  want to answer, you are allowed to ask the Judge if you have to;
• If you don’t understand a question, then say
  so and ask for the question to be explained and asked again.
• If you are forced to answer ‘yes’ or ‘no’ to some questions and this does not express what you wish to say, you may try to tell the Judge how you feel before you answer. You have the right to take your time and to understand what is happening.

Rape Crisis workers can help make the court process less scary and intimidating by talking with you, prior to court hearings, about the actual physical layout of the court building etc. We can go in to the courts with you so that you have some idea of what to expect. SACAT members assigned to the case also do this as a matter of procedure. The DPP also has a witness (victim) liaison officer.  It’s sometimes easier to prepare ourselves for things if we can actually ‘see’ ourselves there.

TheVerdict

If the defendant is found guilty then a date will be set for sentencing. At this time the Judge weighs up the offences committed and receives reports relating to the defendant. It is at this point a survivor can tender a Victim Impact Statement which can tell the Judge how the crime has affected them.

More information about Victim Impact Statements is available from the Rape Crisis Centre, SACAT or the courts. If the defendant is acquitted (found not guilty) this can be very distressing for the survivor who made the complaint to the police. They can feel that nobody believes them and that they are the guilty  person. An acquittal does not have to be about believing you or not. It can be because the jury doesn’t think there is sufficient evidence to prove
“beyond reasonable doubt” that the crime was committed by the  defendant.