Justice

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Bringing him to justice

A Detective investigates the case and draws up a 'brief'. A person is charged, appears in the Magistrate's Court and applies for bail. The police and the Prosecution collect more evidence. The case goes to a Committal Hearing at the Magistrate's Court through a 'fully contested' hearing (with a witness) or through what's called a 'hand-up' brief (no witness). The decision is 'no case to answer' or 'go to trial'. A trial will be held in the County Court, with a Judge and Jury. If the person pleads guilty, he doesn't give evidence. If he pleads not guilty you'll be called to give evidence in court and you'll be cross-examined. The person may choose to remain silent, make a sworn statement or give evidence. If he is found guilty he is sentenced.

Telling your story in court

If you have to tell your story you have the right to:

• meet the barrister who will be dealing with the case before and after the trial;
• ask that the Court be closed to the public and to have a separate waiting room at the court;
• ask to have arrangements made for you in the court when you give evidence - like putting up screens so you can't see the offender or giving evidence in another room using a video link;
• stay in court after you have told your story.

Surviving court

As the process of investigating and prosecuting goes on you may feel that you're the one on trial or that the whole thing has nothing to do with you. This is because the focus shifts to justice for the 'accused', whose actions you may have 'witnessed'. It's the job of the defence to make the jury feel the witness was at fault, adding to the self-blaming feelings most people have after a rape. The defence may try to create the impression the witness is capable of telling lies, adding to the negative attitudes many people have about sex workers. Some sex workers going through this process have found it hard, but they have also found great strength in being part of a successful prosecution against an Ugly Mug, now in jail. Get support from the experience of others who have been through the same thing. Talk to someone at a CASA or at RhED about the best way of getting support through this process.

even though it's you that this has happened to, everyone else is controlling the reins. That's what it feels like.

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Disclaimer Copyright Updated: 24 Sep 2009