Pathways | Sexual violence

FAQ: Are the prosecutors my lawyer as the victim?

Prosecutors have an obligation to consider what victim-survivors think, and do not represent the victim in criminal proceedings. Prosecutors represent 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, victim-survivors 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.

FAQ: What if I am unhappy with how the DPP have handled my case or I think the wrong decision has been made?

You can make a complaint to the Director of Public Prosecutions about:

DPP staff conduct
How the DPP handled your case – policies, procedures or services
A review of a decision the DPP have made about your case
A review of a decision the Court have made about your case.

You can find more information here.

You also have rights in relation to being given information about your case and how you should be treated. More information on your rights can be found here.

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.