The majority of investigations into sexual crimes begin with a complaint to police. That complaint is usually made by or on behalf of the victim of that alleged crime (called ‘the Complainant’).

When a Complainant is a child, or the offending allegedly occurred when they were a child, the police usually conduct a Vulnerable Witness Interview with the Complainant. This is an interview conducted by an officer trained in conducting interviews with children and is video and audio taped. Sometimes, this interview is ultimately played in Court at a trial rather than the child giving evidence in the ordinary way (that is, answering questions in the witness box).

When a Complainant is an adult and the offending allegedly occurred when they were an adult, the police will usually take the complaint by way of a signed statement of that person.

Following receipt of the complaint, the Police then proceed to investigate the matter. Investigation usually involves conducting an interview with and arresting the suspect. Other people may also be spoken to by police and provide statements in the matter, such as family members, school staff, medical professionals, and any other relevant parties.

Sexual assault allegations are often one person’s word against another’s (what lawyers call ‘oath on oath’). As this is the case, it is critical that you get appropriate legal advice early if you are facing a sexual assault allegation. In some cases, it may be necessary to provide police with a version of events and in others it may be more important to exercise your right to silence.

‘Sexual assault’ can encompass a wide range of charges including contact offences like indecent assault, rape, unlawful sexual intercourse, and sexual abuse of a child, as well as non-contact offences like making a child amenable to sexual activity, communicating with a prurient purpose, and possession / dissemination of child exploitation material. The penalties for sexual offences usually involve immediate imprisonment, even for first offenders.

The Court process for sexual assault offences can be lengthy. Depending on the nature of the allegations, it may take two years or more from the initial complaint to police to a trial in the District Court. In some cases, the matter may be deemed a ‘priority’ matter and the process is shortened, but this can still result in a delay of 12 to 18 months between complaint and trial.

Sexual offences are particularly serious. It is important to get legal advice early to ensure your rights are protected and your best interests are served at all times during investigation and the Court process.

Written by Solicitor Emily Cousins