Pathways | Sexual violence

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

Not all cases have to proceed through a court process. There are some alternative options available. This includes a process called adult restorative justice – this is the process for adult offenders. Restorative justice is also called a diversionary program. It is your right to know about diversionary programs that are available or being offered to the defendant.

If a case is diverted from the court process, this means that there won’t be a trial or sentence and the case won’t be on the defendant’s criminal history.

Police or DPP might ask you if you would like to participate in a restorative justice process or you might ask to know more about restorative justice as an option in your case. It is always your choice about whether you want to participate in a restorative justice process. For a case to be diverted to an adult restorative justice process, the defendant must also agree to the process.

Sometimes, even if you want a case to go through an adult restorative justice process, the prosecutor might decide that the case should go through the court process.

Restorative justice provides an opportunity for you to tell your story and to hold the person who caused you harm accountable for their actions. It provides an opportunity for the person who caused the harm to take responsibility for their actions and take steps towards repairing that harm.

An adult restorative justice conference is a meeting organised by the Dispute Resolution Branch at the Department of Justice and Attorney-General. Restorative justice can be used for offences that are usually finalised in the Magistrates Court, but it can also be used in cases involving serious offences, including sexual violence. Restorative justice can be:

a diversion from court
can happen at the same time as a court process or
after a case has been finalised.

After a conference, the Dispute Resolution Branch will let the prosecutor know what happened and what was agreed. If the case is still being decided by the court, the prosecutor will take into account what happened at the conference when deciding how to deal with any charges.

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

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.
If your case is in the Magistrates Court, your investigating officer 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 complain if your rights aren’t being met.
You can read the full Charter of Victims’ 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.
PACT can 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 Assistance 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.
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 hurt 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.
Support is available for people experiencing domestic and family violence – you can talk to police or a support service.
Police or support services can help you apply for a domestic violence order. A domestic violence order is a legal document. It tells 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.