Taking legal action

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When considering the legal options available to victim/survivor of sexual assault, the principles of effective support should be given priority. There is no question that sexual assault is a crime. The criminal elements open the possibility for formal legal redress. Indeed, for many victim/survivors, a successful trial is a vital milestone in their recovery and a primary source of affirmation by society that they were indeed, the innocent victim of a heinous crime.

In turn, the conviction of an offender not only ensures that they must face the consequences of their actions, it also carries a message to the community at large that sexual violence cannot be condoned.

However, the legal system is not infallible. Nor do its judgements always reflect the truth of the victim's experience. The legal system and its players often bring to sexual assault many of the myths and misunderstanding which taint the rest of public consciousness about the nature of the crime.

When presenting legal options it is important for the effective support worker to give priority to the following:

1. Wherever possible the choice regarding legal action be made by the victim/survivor. On those rare occasions when they are not in a position to make decisions, they must be informed of decisions which are being taken on their behalf and the rationale for such decisions.
2. While investigation of the crime and successful prosecution is an important goal, the victim/survivor's protection must be the first consideration. Ensure that their safety and well-being are protected, if necessary through the appropriate legal action.
3. While the initial impact of the criminal investigation can be painful for the victim/survivor, there are options for making the process more bearable. It is possible to support them and advocate for the implementation of laws designed to protect them, whilst not interfering with the legal process.

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Disclaimer Copyright Updated: 25 Sep 2009