Private prosecutions
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The options of initiating a private prosecution is technically available to victim/survivors of sexual assault in each State and Territory. Private prosecutions are those initiated by a private individual and not the state. The Crimes Act (VIC), allows a private accuser to file an affidavit disclosing the offence and stating that a court has declined to commit the alleged offender to trial or that no charges have been laid against him by the police.
Pursuit of private prosecutions is rarely done. Private prosecutions are potentially very expensive and difficult given that victim/survivors do not have the same resources available as does the State to obtain evidence. (i.e. prosecutions generally pursued by the DPP or equivalent). Some victim/survivors who have been disappointed by the police response to their report of the crimes against them may find the pursuit of a private prosecution worthy of consideration. Please contact your local Centre Against Sexual Assault, community legal service or sympathetic lawyer for more information.
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Disclaimer
Copyright Updated: 25 Sep 2009
The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.