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Everything you need to know about reporting a sexual assault

What happens when you decide to report a sexual assault? What’s a rape kit? What happens if your case ends up in court? We demystify the process, step by step. And a warning: this article includes graphic descriptions.

No one really prepares you for when something like that happens to you,” says 21-year-old Evelyn*.

She had little idea what to do when she was sexually assaulted after a night out by someone from her university.

“I wasn’t entirely sure, I didn’t even know what my options were. My theory was I just have to keep going on with my life, that's just what happened and we deal with it,” she says.

“But, thankfully, my mother was the one who was like, 'No, something needs to happen.' ”

Credit: Illustration: Jo Gay

Whether you’ve recently been assaulted or have decided to report a crime from the past, the decision to approach police, doctors and the justice system can be both frightening and empowering.

We’ve spoken to experts and survivors to create a step-by-step guide on what to expect when you report a rape or sexual assault.

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Credit: Illustration: Jo Gay

What's the first step?

It’s your decision if you want to report. Only you can decide what you want to do and when you want to do it. Whether you’ve been the victim of a crime or someone else you care about has been hurt, it’s normal to feel shame, fear, helplessness, anger or anxiety after a sexual assault.

For some people, the first step is contacting police. For others, it’s getting medical attention. Most sexual assaults reported to police are historical they happened weeks, months or years earlier – while only very few cases are reports of events that happened in the previous hours or days.

You can get medical help without reporting to the police and you can report to police without getting a medical exam.

If the idea of going to the police or a hospital is overwhelming, you don’t need to do it alone. There are free advice services in each state and territory.

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An easy first step – no matter where you are in Australia – is to call 1800 RESPECT (1800 737 732). They can connect you to a local service. State and territory-based organisations can provide immediate help and support. They can also accompany you or advise you on how to approach the police or contact a medical professional.

Credit: Illustration: Jo Gay

What happens when you report to police?

You can walk into any police station to report a sexual assault, at any time.

You can also pick up the phone. If you’re calling, ask to speak to an officer or senior detective who specialises in sexual offences. Not all police stations have these specialised officers, but they will know how to contact them.

If you phone a police station, an officer will advise you on whether you need to go in to make a formal statement. If the assault is recent, in the past five days, they may wish to meet you where the assault happened.

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If your assault was recent police will also, if you agree, take you to a crisis care unit, which is usually at a hospital; in some states or territories it may be in a community-based organisation. At the crisis care unit you may meet a case worker from a sexual assault agency (if you haven’t already) and have an “options talk”.

You’ll be told that even if you choose not to proceed with reporting, it’s important that evidence is gathered now so if you change your mind there is forensic evidence. Forensic evidence disappears over a few days.

After a recent reform in Queensland, victims in that state can no longer be forced to report to police if they want forensic evidence collected. This means that anywhere in Australia, you have the right to have an examination and to have evidence stored for later without making a police report.

Many people report crimes weeks, months or even years after they happened. These include cases that happened with a person known to the victim. In these cases, there is unlikely to be forensic evidence.

Margaret*, 36, is tough – ex-military – but she says reporting her sexual assault was one of the hardest things she has done.

“You have to be strong in your own thoughts and in your own mind, especially if it’s not a physically violent act. I know it's all violent and all physical, but my situation was a trusted partner.

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“That was the hardest thing.”

Credit: Illustration: Jo Gay

What kind of medical and forensic tests are involved?

Medical treatment after a sexual assault is important. A medical professional may need to treat external or internal injuries, screen for sexually transmitted infections (STIs) and test for pregnancy or provide emergency contraception. You may also be in shock and need treatment for that.

Medical professionals can also conduct a forensic medical examination to collect evidence that could support a police report. If you were assaulted by a stranger or someone you did not know well, this evidence could identify the perpetrator.

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Forensic evidence can usually only be collected in the five days after the assault. In Western Australia, depending on the circumstances, it can be up to 12 days.

Remember, going to the hospital or doctor does not mean you will end up going to court. Even if you’re unsure whether you want to make a formal police complaint, evidence taken in a forensic exam can be kept for later. In some states and territories, you can start the reporting process and change your mind and stop it at a later date.

Credit: Illustration: Jo Gay

What’s a rape kit?

A Sexual Assault Investigation Kit (SAIK) or Forensic Medical Examination Kit (FMEK) is commonly referred to as a “rape kit”. In Western Australia this is called an Early Evidence Kit (EEK). It’s the equipment a doctor or nurse needs to collect forensic evidence from your body.

You are allowed to bring in a support person to the examination room. It can be a relative, friend or a counsellor. Although in Western Australia you are not allowed to. If you require an interpreter it could be that person. You can also request a female or male nurse or doctor.

After a nurse or doctor tends to immediate injuries, they will ask questions about your general medical history and for any details you remember from the assault.

Evelyn remembers the questions she was asked by hospital staff before they brought out a rape kit – things such as how many showers she had had since the assault.

Then comes a careful, top-to-toe examination.

Depending on your assault, the medical professional may collect DNA from sperm or saliva using cotton buds that are wiped in your mouth, vagina, anus or on your skin.

They might take photos of injuries. The doctor or nurse might also need a blood sample from you. These exams help to collect all types of evidence, such as a torn piece of the perpetrator’s clothing or a stray hair.

Some items in a rape kit. There are variations between states and territories.

The police may also need the clothes you were wearing at the time of the assault. If you are still wearing them you will be given clothes to wear when you leave.

If you think someone might have given you drugs or medication before you were sexually assaulted, you’ll need to take a urine or blood test. This is called a toxicology screen. It’s important to do this quickly because the drugs may leave your system if you wait too long, making it harder to get evidence.

According to the Victorian Institute of Forensic Medicine, the exam can take between two and three hours. Although this can be invasive and lengthy, Sally*, 24, regrets not getting one after she was assaulted.

“I wish I was brave enough and went through things like that,” she said.

“But at the time, when it’s so fresh, all you want to do is just shower straight away, let alone have more people ... you know … just be vulnerable again.”

Who can you call?

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).

For help, you can also call Lifeline on 13 11 14 or beyondblue on 1300 224 636 or visit lifeline.org.au

You can also make a police report at your local police station. If you are in immediate danger, call 000.

For information on who to contact in any Australian state, visit the Australian Human Rights Commission website.

Sally was raped a second time, and this time she did get a rape kit examination. She says although the examination is “confronting, takes time and is emotionally difficult”, police were able to get a DNA match.

“It just goes to show that it's always worth going in, because you never know how you might feel weeks, months or even years later.”

Sally now tells her friends in similar situations to get the time-sensitive exam done, regardless of whether they want to report.

“I was treated with such care and support by the hospital staff. They made sure I understood every element of the examination and sought my consent before each part.”

In the kit, there is a form to sign that says you allow the information to be released to the police. You do not have to sign it. Kits can be stored for at least 12 months in most states.

This exam can be confronting and your consent is important at every step. All decisions about testing and screening can be made only by you. Your doctor should explain that you can stop at any time, and you have the right to ask questions and expect proper responses to everything.

If you are under-age, sexual assault counsellors and medical staff have a duty to report to Family and Community Services, which may result in a police investigation.

Credit: Illustration: Jo Gay

What does making a statement entail?

If you report to police you will usually be assigned a support worker. In Victoria it will be a counsellor/advocate from a Centre Against Sexual Assault. There are similar agencies in other states and territories, but the support workers have different names.

If you attend the police station to report a sexual assault, you will be taken to a private interview room and provided information that will help you decide whether you wish to make a formal report.

Police say they usually won’t take a statement from someone who has undergone a forensic examination until the next day, so as to not overwhelm them.

It can take several hours to complete a full statement. Some police officers say they have taken statements for up to eight hours when victims want to get it out of the way in one sitting, while others need to do it in stages.

“We've had some complainants that have struggled, at times, to be able to tell their story and can only do it for a short period of time,” says Detective Sergeant Leemara Fairgrieve, a Victorian Sexual Offences and Child Abuse Investigation Teams officer.

“So they'll come in and then do a part statement, and then they'll leave, get in touch with their counsellor or someone to assist them to be able to then come in – could be a month later – to be able to make a further addition to that statement.”

You will need to provide as much detail about the event as you can. You will be asked to describe the alleged offender and will be asked intimate details.

The types of questions you could be asked are outlined in the NSW Police sexual assault reporting options questionnaire; there are similar formats in other states and territories.

Credit: Illustration: Jo Gay

Will it go to court?

Police will gather evidence and put it together in a brief before recommending whether there’s sufficient evidence to press charges and proceed to court.

The two factors police consider when weighing up a recommendation to proceed are: whether there is a reasonable prospect of conviction; and whether it is in the public interest. You can ask for an explanation if the police decide not to proceed with your case.

You can withdraw your report at any time. The only time the police will not accept a report being withdrawn is when they believe the alleged offender is a serious offender or is very dangerous.

Even if you decide not to report the crime to police, your local sexual assault support agency can provide counselling and other approaches to healing, such as restorative justice programs.

If your case is taken to court, a whole new process awaits. For those whose cases are not taken to court, a victims of crime tribunal can be an option.

Margaret sought compensation from an assistance tribunal after her case was dropped by police due to “insufficient evidence”.

“I got some sort of closure. I got recognition that this had happened and I got recognition that I'm not in the wrong. I got someone to listen, rather than me just thinking that I've made it up. I knew that I didn't.”

*The names of the people in this article have been changed to protect identities.

With Sophie Aubrey

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Original URL: https://www.brisbanetimes.com.au/national/everything-you-need-to-know-about-reporting-a-sexual-assault-20190805-p52e1d.html