Frequently asked questions

FAQ Where do I go to give evidence?

Your Victim Liaison Officer 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.

When you are called to give evidence, you will begin by giving an oath or affirmation. Every witness gives an oath or affirmation. This says that what you are telling the court is the truth. 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.

When you give evidence, both the prosecutor and defence will ask you questions. When the prosecution ask 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’.

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.

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 judge and jury. The judge will provide instructions to the jury about how they can assess the evidence they have heard and how to reach a decision on whether they believe the defendant is guilty beyond a reasonable doubt.

The jury or judge, depending on who is deciding the verdict, will then 'retire' to make their decision. This can take hours or days.

Your Victim Liaison Officer or prosecutor will be in contact to keep you updated about the judge or jury’s deliberations (the progress of either the jury, or the judge in reaching a decision).

When the jury or judge reaches a decision, the prosecutor or Victim Liaison 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.

Does every person in the jury need to agree about the verdict?

All of the members of a jury must all agree on a verdict, except in very particular circumstances.

If the jury cannot agree on a verdict, this is called a hung jury. If there is a hung jury in your case, the prosecutor will talk to you about what this means.

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.

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 Victim Liaison 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.