What happens in court?

Home: Survivors: Information on Rape: Women and rape

Here are some answers to questions women often ask about the law and what happens in court.

1. Can a woman be questioned in court about her past sexual history?

Evidence about a women's sexual reputation (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, e.g. if a woman has been raped by a man she has had a sexual relationship with, what happened between them previously may be relevant to the case.

2. What happens if a man claims that he believed the woman consented to having sex with him?

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 husband be charged with rape of his wife?

Yes.

4. What kind of sexual behaviour is covered by the law?

The law covers vaginal intercourse, anal intercourse, oral sex, penetration of the anus or vagina by parts of the attacker'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 boys be charged?

Boys over 10 can be charged with rape or other sexual offences.

6. What happens if there is no witness to back up the woman's evidence?

Often there is no eye witness to back up the woman'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 woman spoke to soon after the rape. This is especially useful if the rape was not reported to the police immediately.

In a County Court the "burden of proof" rests with the prosecution and relies on a finding of "beyond reasonable doubt".

7. What happens if a woman does not report the rape soon after it happens?

A woman may have good reasons for delay in reporting the rape. However, if a woman 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 woman has not been to a CASA or had medical evidence taken.

8. What happens at court if it was a pack rape?

If several men 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 man Is entitled to have his own lawyer.

If they all plead guilty the victim/survivor will not have to give evidence.

Sponsor

Women's Health Victoria

Disclaimer Copyright Updated: 12 Jul 2003