Pathways | Sexual violence

Does my case have to go through the criminal justice (court) process?

If the person who harmed you is under 18, there may be a voluntary option called youth justice conferencing.

This is a guided meeting run by a trained facilitator. It brings you (if you choose) and the young person together. The aim is for the young person to take responsibility, understand the harm they caused, and agree to ways to repair that harm. It is an alternative to going to court.

Youth justice conferencing can be used at any point in the criminal justice process. For example:

police may suggest it if a young person admits to the offence
courts can refer the young person to restorative justice as part of their sentence.

The young person who harmed you must also agree to take part.

Police, the DPP, or a Victim Liaison Officer may ask if you want to participate, or you can ask about it yourself. Taking part is always your choice. Even if you want to do a conference, the prosecutor may decide the case should proceed through the court instead.

If a conference does take place, it gives you a chance to share how you were affected and to seek accountability in a supported setting. The facilitator will help everyone work towards an agreement that is realistic, safe, and focused on repairing harm. You are allowed to have a support person with you during the conferencing.

If an agreement is reached, the facilitator will inform the prosecutor. If the case is still before the court, what happened at the conference may be considered when decisions are made.

To learn more about youth justice conferencing, you can click here. You can also talk to your investigating officer, DPP lawyer of Victim Liaison Officer.

Is the prosecutor my lawyer?

Technically, your prosecutor is not your lawyer. The prosecutor represents the Queensland Police Service or the State of Queensland. This does not mean that they don’t consider what you think or your interests – prosecutors have obligations towards victim-survivors.

Usually, you do not need a lawyer to go through the criminal justice process. There may be some occasions where a lawyer might be necessary – but the prosecutor should talk to you about this.

Victims' rights
Police, the DPP and court staff must treat you with courtesy, compassion, respect and dignity.

You have rights during the court process, including to know about:
- the progress of the case
- when the case is going to court
- when you need to go to court
- major decisions (and the reasons) about the prosecution, including the charges being brought against the person, substantial changes to the charges, if charges are not brought against the person or if the prosecutor accepts a plea of guilty to a lesser or different charge
- the outcome of a criminal proceeding, including the sentence and the outcome of any appeal
- if the person makes a bail application and any outcome about the bail application.
You have the right to:
- be protected from the defendant and their friends and family when you are in court
- make a victim impact statement
If your case is in the Magistrates Court, your investigating officer or police prosecutor will most likely give you this information. If your case is in the District Court or Supreme Court, your Victim Liaison Officer from the DPP will keep you up to date.

You can read about your rights on our website. Easy-read English and translated versions are also available.
Support
PACT
PACT is a government-funded organisation which provides impartial and empathetic court support for victims and adults who are required to give evidence in criminal courts. PACT can:
- provide you with information
- help you prepare for court and giving evidence
- support you while you are giving evidence
- help you apply for financial assistance with Victim Assist Queensland
- help you write a victim impact statement
- help you apply for the Queensland Corrective Services Victims’ register
- refer you to other agencies and support providers.
You can ask the DPP or police to refer you to PACT for support or ask PACT directly for support. PACT’s website is here or you can call them on 1800 449 632.

VictimConnect

VictimConnect can:
- give you information
- help you apply for financial assistance with Victim Assist Queensland
- help you understand your rights
- help with court processes
- help you find specialist supports.
VictimConnect can be called on 1300 318 940. Their website is here.
VAQ Victim Coordination Program

The Victim Assist Queensland Victim Coordination Program in South Brisbane, Cairns, Rockhampton and Townsville can:
- help you apply for financial assistance with Victim Assist Queensland
You can call Victim Assist Queensland on 1300 546 587 or email victimassist@justice.qld.gov.au.

DPP Victim Liaison Officer

The DPP Victim Liaison Officer can help with:
- keeping you up to date with the progress of the case
- give you information about the trial or sentence process
- tell you when the case will go to court
- organise any conferences with the DPP lawyers
- help with referrals to court support or counselling
- access to the DPP victims portal
Other support services which can provide you with support for going to court can be found here.

You can also call the Sexual Assault Helpline on 1800 010 120.The Sexual Assault Helpline is available to call 7.30am to 11.30pm, 7 days a week.
Financial assistance

If you are a victim of a violent offence, including sexual assault, you are eligible for financial assistance from Victim Assist Queensland.

Once you report the violence to police (or a doctor, counsellor, psychologist or a domestic violence service) you can apply for financial assistance.

Financial assistance can help you pay for medical or counselling expenses if you have been injured. It can also help you pay for travel to appointments and recover earnings if you were unable to work because of injuries. You may be eligible for special assistance as well.

You can ask your DPP Victim Liaison Officer for information about how to apply for financial assistance.

You can find more information about applying for financial assistance here.
Domestic and family violence

If the person who assaulted you was someone you were in a relationship with, a family member, or someone who is caring for you, you might be experiencing domestic or family violence . Domestic and family violence can also include when someone uses a pattern of abusive behaviours over time that hurt, humiliate, isolate, frighten, or threaten you in order to control or dominate them. This is called coercive control.

Support is available for people experiencing domestic and family violence – you can talk to police or a support service.

Police can issue Police Protection Notices (PPNs) or Police Protection Directions (PPDs) when they respond to domestic violence and believe immediate protection is necessary.

PPNs and PPDs offer time-limited protection. PPDs offer protection for 12 months. PPNs offer protection until your case is heard in the Magistrates Court where your application for a domestic violence order will be heard.

Police or support services can help you apply for a domestic violence order. A domestic violence order is usually in place for a longer time.

If you have been issued with a PPD and you think you need longer or greater protection than stated in the PPD you can also apply for a longer order or an order with greater protections. The police or a service such as the Women’s Legal Service Queensland or Caxton Legal Centre can help you.

PPNs, PPDs and domestic violence orders are legal documents. They tell someone not to hurt, threaten, coerce or scare another person they are in a relationship with, or were in a relationship with, or a family member. The order tells someone to follow rules like stay away from another person or not let children see or hear violence.

More information about domestic violence orders is available here.
Legal advice about counselling records

You can get free immediate legal advice if you find out that police, DPP or defence are asking for access to your protected counselling communications. To access the Counselling Notes Protect service call 1300 267 762 for Legal Aid Queensland or 1800 957 957 for Women’s Legal Service.

You do not need to be on the Victims’ Register to do this.