Legal and Forensic
Legal services can be found here, these are free and professional advice channels that can direct you on your best course of action, what is possible in your situation, and also find you legal representation if that is what you choose.
Legal Process
If you think that you have experienced sexual violence and wish to involve police, it is important to do so as early as possible as any drugs involved may only stay in your system for 12-48 hours. Police may want to take blood, urine or hair sample in addition to the forensic examination. It is important to remember that you are in complete control of this process and have the authority to stop at any point.
Whether or not you choose to involve police, it is recommended that you contact health or support services.
If you are considering reporting a sexual assault to the police:
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keep the clothes you were wearing (including underwear) and do not wash them;
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place the clothes in a plastic bag and seal the bag;
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do not have a shower or bath; and
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go to your nearest hospital for a forensic examination.
For recent assault, police and medical options are:
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Report to police and access medical care right away You can choose to report straight away. Gathering evidence will include a forensic medical examination. A forensic exam is most effective within 72 hrs of assault.
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You can report to police and access medical care but withdraw your complaint later if you feel unable to proceed.
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You can access medical care and a forensic exam, if you are unsure whether to make a complaint, you can request them to store evidence for up to 12 months
Formal reporting can be done at any time; it is never too late to file a report of sexual assault. There are a number of options available to you, including an online report, over the phone, or in person.
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Online reporting involves filling out forms that record your information, including contact information police may use to follow up on an investigation.
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These forms will also ask you to write down a recount of the assault itself, anything you can remember about what happened
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It will also ask for a report on your attacker, whether you knew them, what they looked like, how they may have acted beforehand, anything you might remember that will help the police put together a report.
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Reporting over the phone is very simple, through calling Policelink which is a 24/7 service and speaking to an officer that will walk you through the steps to getting all of the information they may need. They are also able to help you to access further support services such as trauma support, counselling, medical assistance etc.
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In person reporting is very similar to over the phone, you are in complete control of this process, you are allowed to request who you speak to, what you are willing to divulge, and how far into the process you are willing to go. You have the power in this situation and legally cannot be pushed into going any further than you are willing.
If you make a report, police can:
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do nothing further;
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investigate;
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ask you to make a more detailed statement;
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apply for an Apprehended Violence Order (AVO);
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charge the perpetrator.
Forensic and Medical Attention
Seeking medical attention following an assault is your best course of action, your health and well-being is the highest priority, and these services can also help you in regard to checking for potential STIs and provide you with emergency contraception.
Depending on your medical facility’s resources, they may be able to conduct a full forensic exam, or at the very least have kits available to collect and store forensic evidence if you choose to pursue legal action.
It can all be very overwhelming in the first few days following an assault, you do not need to make all of your decisions straightaway, forensic evidence can be collected and safely stored for up to 12 months.
Examination Process:
A doctor or forensic nurse will:
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Explain each step and continue to check your consent
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Collect swabs or clothing, and test samples for DNA from your attacker (DNA may be transferred through semen, saliva, or simply touch)
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Collect blood and urine samples if drugs or alcohol were potentially involved
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Document any injuries and take photographs with your consent
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Provide treatment for injuries, infection, or possible pregnancy
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Help to support you and keep you informed of what’s happening
Examinations can be done up to 10 days following the assault, but ideally within the first 72 hours for the best samples to be obtained.
This examination is entirely in your control; you can pause or stop at any time and may choose which parts you do or don’t wish to do. A duty social worker will stay with you the whole time and will provide any support you need, including privacy, spare clothes if needed, any advocacy or assistance with transport and lodgings.
