Q&A: What happens when you go to court as a victim-survivor of sexual assault?
Navigating the court process as a victim-survivor of sexual assault can feel overwhelming. Understanding what to expect can help ease some of that uncertainty. Here’s some advice on what happens in court, and the rights and options available to you.
The court process: guilty or not guilty?
The person who assaulted you is called the accused person. When they first appear in court, they will be asked to enter a plea of guilty or not guilty.
If they plead guilty, there is no trial, and the matter moves directly to a sentencing hearing. In this case, you won’t be required to come to court, but you can choose to attend, either in person or via telephone or video link.
If they plead not guilty, a trial will take place, usually before a jury. As the victim, you will likely be required to give evidence and explain what happened. You’ll also be questioned by the defence lawyer (the lawyer representing the accused).
Who can watch the proceedings?
Courts in Queensland are generally open to the public. However, when you are giving evidence in a sexual violence case, the court will be closed, which means all ‘inessential’ people will be excluded.
Essential people include the victim and the accused, lawyers, judges, juries, and so on – people required for the court process. Members of the public or journalists will not be allowed to listen when the court is closed.
Journalists will not report on the identity of the victim in a sexual violence matter, unless the victim says they would like to be identified.
What are your options when giving evidence?
When you are giving evidence, you have options to help make the process easier for you. You can have support people with you. You can be in a separate room, so you don’t have to see the accused. Your lawyer can ensure you’re treated respectfully and that inappropriate questions are challenged.
Do you have to hear the jury verdict?
The jury can take a few hours or maybe a few days to decide. You have options and rights. You can choose when and where you are informed of the verdict. The prosecutor will explain to you what the verdict means.
What happens if the person is found guilty?
Once a guilty verdict is reached, the court will usually proceed to sentencing. Both the prosecution and the defence will present arguments about what the sentence should be. In many cases, the sentence will be decided immediately. However, sentencing can be delayed—for example, if you need more time to prepare a Victim Impact Statement.
What is a Victim Impact Statement?
A Victim Impact Statement (VIS) is a chance for you to tell the court about the impact the crime has had on you. It’s different to your police statement – you can think of it like a letter to the Judge. It will help the court understand the impact the crime has had on you before a sentencing decision is made. A VIS will only be used in court is the person who was charged with the crime is found guilty or pleads guilty. You do not have to provide a VIS if you don’t want to – it will not negatively impact the sentencing decision if you don’t provide a VIS.
What if the accused is not found guilty?
A not guilty verdict can be difficult to process. Your lawyer will discuss this possibility with you ahead of time. If it happens, there are support services available to help you understand and cope with the outcome.
Remember – you are in control of your journey, and you have choices at every step. We will support you, no matter what pathway you choose.
While you will be able to make choices throughout the process and we will be here to support you, it is also important to acknowledge that the court journey can feel overwhelming. At times, you may feel as though you have little or no control, because there are legal rules and procedures that you cannot change. Even so, you always have the right to ask for information, to be kept updated, and to seek support. Services like VictimConnect, the Sexual Assault Helpline, or a trusted local service can provide guidance and reassurance whenever you need it.
If you need support after sexual assault, you can call:
Sexual Assault Helpline: 1800 010 120 (available 7.30am – 11.30pm, 7 days)
If you are a victim of a violent crime, including sexual assault, you can call:
VictimConnect: 1300 318 940 (available 24/7)
Other resources:
Information in this blog post is inspired by a podcast episode produced by the Office of the Victims’ Commissioner in Queensland. You can listen to A Victim’s Pathway Podcast here. Other episodes also give advice for presenting at a hospital and what happens after the offender is sentenced.
VictimConnect partners with PACT, an organisation that supports victims and witnesses who have to give evidence. Their website includes lots of helpful information to help you prepare for court.