What will happen in court?

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These are answers to frequently asked questions about the law and what happens in court.

1. Can a person be questioned in court about their past sexual history?
   Evidence about a victim/survivor's sexual past (for example, what other people say or think about you) is not allowed. Evidence about your past sexual experience is only allowed if it is directly relevant to the case, eg. if a person is raped by a person with whom there has been a previous sexual relationship, what has happened between them previously may be relevant to the case.


2. What happens if the offender claims that they believed the person consented to having sex with them?
   The law says that the Prosecution must prove that the accused was aware that the other person was not consenting, or, realising that there might not be consent, went ahead regardless.


3. Can a partner be charged with the rape of their partner?
   Yes.


4. What kind of sexual behaviour is covered by the law?
   The law covers penetration of any body orifice, anus, mouth or vagina, by parts of an offender's body or by other objects. Attempts at any of these types of sexual behaviour, as well as indecent assault and inciting others to commit acts of indecency are also covered.


5. Can young people be charged?
   Young people over 10 years old can be charged with rape and other sexual offences.


6. What happens if there is no witness to back up the victim/survivor's evidence?
   Often there is no eyewitness to back up the victim/survivor's account of what happened, but there can be other evidence such as medical evidence or torn clothing. It is not legally necessary that there be another witness to the offence, but without some supporting evidence it will be hard to get a conviction. Evidence can also be provided by someone the victim spoke to, soon after the rape. This is especially useful if the rape was not reported to the Police immediately. On some occasions there is no evidence available and the matter cannot proceed to Court.


7. What happens if a person does not report the rape soon after it happens?
   A person may have good reason for delay in reporting the rape. However, if a person does not report the rape soon after it occurs, it can be more difficult to prove in court that it did happen, especially if the person has not been to a CASA or had medical evidence taken.


8. What happens at court if it was a pack rape?
   If several people are caught and charged with the rape, it's very likely that they will be jointly committed at the same committal hearing. However there may be separate court hearings set down. If not guilty pleas are entered you might be cross examined by more than one person, since each offender is entitled to have their own lawyer.
   If they all plead guilty the victim/survivor will not have to give evidence.

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