Reporting a rape to police

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Remember even if the police are called you don't have to make a formal report if you don't want to. It's your choice. However, procedures have been put in place to reduce the trauma of reporting as much as possible. If you don't make a formal report, the police will only take the case to court in exceptional circumstances. If you decide to make a formal report, do so as early as possible to facilitate the investigative process.

You may find it hard to decide whether or not to report the rape. You may feel it is important to do your best to have the rapist caught, tried and convicted and therefore stopped from doing it again to you or other women. Talking it over with a counsellor at a CASA, or a person you trust, may help you to make up your mind. But the most important thing is that you decide what's best for you.

If you do report the rape to the police, make sure you are given a copy of your statement. You will need it if the case comes to court. It may be a good idea for the first person/s you saw after the rape to make a statement also.

Making a formal report

If you make a formal report you will be asked for a detailed statement about what happened. The police will use the information in your statement to investigate the rape. If they catch and charge someone with rape, your statement will be needed to take the case to court. Remember that the police may still take the case to court if you don't wish to make a statement. However, this will only be done where there is sufficient evidence to proceed without your statement. In this case you are likely to be called as a witness.

A formal report of rape is different from the short statement you would have made to the police, if they were called at the time of the rape. The formal statement is more detailed. It is taken down in writing and you will be asked to sign it. You have the right to have a woman police officer take your statement.

If there is no policewoman at the station, you may ask for one to be brought in from another station.

Once you have notified the police, they will start investigating the rape. If they catch someone who isn't known to you, you may be required to identify the person before charges can be made. This will be done using photographs or a line up of men at the police station.

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Police procedures

The Government has adopted a police code of practice for dealing with sexual assault victim/survivors. This requires police to:

• Take the victim/survivor to a CASA within 2 hours of reporting the assault, and if the victim/survivor wishes to be taken.
• Allow victim/survivor to rest and receive medical assistance and/or support before giving their statement.
• Provide victim/survivor with written information regarding their rights and the support services available.
• Keep victim/survivor informed of the progress of the police investigation, if you wish an investigation to take place.
• Provide written reasons, on request, to victim/survivor for any decision not to proceed with legal action against the accused.

Victims/survivors also have the right to request that any police decision be reviewed by the Office of Public Prosecutions and that written reasons for the Director of Public Prosecution's (DPP) decision must be provided on request. The DPP is also required to provide victims/survivors with written information about the committal and trial process and arrange pre and post court meetings with the barrister prosecuting the case.

The Community Policing Squad

Community Policing Squads are located in each police district. Community Policing Squad members are accustomed to dealing with victims of sexual assault. Members of the squad take statements, arrange medical examinations and accompany the victim to court. They are available 24 hours a day, every day, throughout Victoria. Even so, reporting rape to the police is a long, often difficult experience. It might help to have someone with you.

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Disclaimer Copyright Updated: 25 Sep 2009