Pathways | Sexual violence

What happens before a trial?

Sometimes there are legal issues that need to be decided before a trial.

One of these legal issues is Protected Counselling Communications or Sexual Assault Counselling Privilege

If you have spoken to a counsellor, support service healthcare professional, psychologist or doctor before or after sexual violence, that person’s oral or written records are protected. This is called protected counselling communications. If police, the DPP or defence want to look at the notes or documents about your counselling for a sexual violence trial, they have to apply to the court and ask for permission to be able to access these. There are certain legal tests that the court has to consider before granting access to a counsellor’s records.

You can get free immediate legal advice if you find out that Police, DPP or the defence are asking for access to your counsellor’s records. You can contact Legal Aid Queensland’s Counselling Notes Protect service by phoning 1300 267 762 or the Women’s Legal Service by phoning 1800 957 957.

You do not have to give a copy of your counselling records to Police, DPP or defence. You do not have to agree to your counselling records being given to Police, DPP or defence. You are entitled to obtain independent legal advice about your rights regarding your counsellor’s records.

More information about Protected Counselling Communications is available here.

There might be other legal arguments that need to take place before the case can progress. It is your right to be kept informed about how the case is progressing. Your Victim Liaison Officer will keep you updated.

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.
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
- write a victim impact statement
When your case is in the District Court or Supreme Court, your Victim Liaison Officer will most likely give you this information.
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
DPP Victim Liaison Officer
The DPP VLO 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.
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. 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 violence, 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.