Pathways | Sexual violence

Where a case starts – the Magistrates Court

After Police charge the person who hurt you, the case will go to the Magistrates Court. All criminal cases start in the Magistrates Court, but some cases have to go to the District Court or Supreme Court after the Magistrates Court. The law says which cases can be finalised in the Magistrates Court, District Court and Supreme Court.

Sexual violence offences are called indictable offences. This means the crime is serious.

Some sexual violence cases are finalised in the Magistrates Court. Cases which are finalised in the Magistrates Court are usually prosecuted by Police Prosecutors.

Some sexual violence cases (including rape) must be sent to either the District Court or Supreme Court. The process of sending a case from the Magistrates Court to the District or Supreme Court is called a committal.

You will be told by Police when the case will be heard in the Magistrates Court for the first time. This might be called a mention. You will usually be told this by the investigating officer. The first mention will usually be within a month of the person who hurt you being charged. The case can stay in the Magistrates Court for several months. This might be because Police are still collecting evidence or the person who hurt you needs to seek legal advice.

If a case has to be sent to the District Court or Supreme Court, the case will usually be handed over from Police to the Office of the Director of Public Prosecutions (DPP). The DPP employs lawyers called Crown Prosecutors and Legal Officers. They prosecute these cases. Victim Liaison Officers also work at the DPP – these are the people who you will usually have the most contact with if your case is sent to the District Court or Supreme Court.

Sometimes cases will go straight to the DPP after the defendant is charged, and sometimes they will stay with the Police Prosecutor while the committal process in the Magistrates Court happens. Your investigating officer will be able to tell you who is looking after your case. Your Victim Liaison Officer will also contact you if the DPP begins to look after your case.

At this stage of your journey, you may not know where your case is going to be heard. You can read more about what to expect if your case goes to the District Court or the Supreme Court.

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 court
- make a victim impact statement.
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.
You can ask the DPP or police to refer you to PACT for support. You can also 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:
- give you information about the court process
- refer you to a specialist agency that can provide practical court support
- help you write a victim impact statement
- 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 also 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.