Frequently asked questions

FAQ Where do I go to give evidence?

Your investigating officer or prosecutor will talk to you about where you need to go and when to be there.

FAQ What should I wear when I go to court?

You don’t have to wear a suit to court, but you should dress neatly and wear comfortable clothes. Try not to wear singlets, thongs, hats or sunglasses. Some rooms can be cold, so bring a jumper or jacket.

FAQ How long will I have to be at court?

Court can be unpredictable. You should take something to do and something to eat or drink while you are waiting.

What happens when I give evidence?

As a victim of a sexual offence, the court must be closed during your evidence. This means that the general public won’t be able to see or hear you give your evidence.

Before you give evidence, you will start by giving an oath or affirmation. Every witness is asked to give an oath or affirmation. An oath refers to the God recognised by your religion while the affirmation does not refer to God. Both are the same and neither is better or preferred over the other – both mean that you agree to tell the court the truth.

When you give evidence, both the prosecutor and defence will ask you questions. When the prosecution asks you questions, this is called Evidence in Chief. The prosecutor will ask you questions first. The defence will then ask you questions – this is called cross-examination.

Many victim-survivors of sexual violence find giving evidence stressful and upsetting. You can:

Prosecutors have a responsibility to protect witnesses against threatening, unfair or unduly repetitive cross-examination by making an objection. This means that a prosecutor might interrupt the defence if they are asking questions like this. They will use the word ‘objection’. Judges also have a responsibility to make sure that lawyers are asking questions that are not misleading, confusing, annoying, harassing, intimidating, offensive, oppressive or repetitive.

There might be other people who are also witnesses and have to give evidence. Witnesses aren’t allowed to hear other people’s evidence so you won’t be allowed to be in the courtroom when someone else is giving evidence.

During the court process you should be protected as much as possible from unnecessary contact with or intimidation by the defendant, their family, or supporters.

FAQ: What else should I know about being in a courtroom or a room where I am giving evidence?
What happens after I give evidence?

After all of the evidence is heard, the defence and prosecution will talk to the magistrate. The magistrate has to reach a decision about whether they believe the defendant is guilty beyond a reasonable doubt.

The magistrate will then “retire” to make their decision. This can take hours or days.

Your investigating officer or prosecutor will be in contact to keep you updated about the progress of the magistrate in determining their verdict.

When the magistrate reaches a decision, the prosecutor or investigating officer will contact you and let you know when they will announce the verdict – whether the defendant is guilty, or not guilty. If there are multiple charges, they may reach different decisions about each of the charges. You, your friends, family, the defendant, their friends and family and members of the public, including journalists, are allowed to attend court to hear the magistrate announce the verdict.

You may wish to attend the verdict in person. Alternatively, you may choose to find out the verdict in another location, such as at home or with a support network. If you choose not to attend in person, the prosecutor or investigating officer will let you know whether the defendant was found guilty or not guilty as soon as possible.

Your case may be reported on in the media. They cannot report your name or anything that would identify you.

If the defendant is found guilty, a date will usually be set for a sentencing hearing. Sometimes, the sentence might happen straight after the trial, or it might be adjourned for a later date.

Can the media report on the defendant’s name?

The name or identifying matters (such as their place of work or education or where they live) of an adult charged with rape, attempt to commit rape, assault with intent to commit rape or a sexual assault can be published after they are charged by Police. However, if the publication of the defendant’s identity would or might be able to identify you, their name or identifying matters cannot be published.

As the victim, you can also apply to the Magistrates Court for a non-publication order about things that might identify the defendant which could lead to your identification. If you would like to know more about non-publication orders, you can talk to your police prosecutor or DPP lawyer about this.

Can the media report on my name?

Media are not allowed to use your name in their report. There is a prohibition or rule against publishing your name or identifying matters.

You can consent to the publication of your identity.