I was sexually assaulted by a colleague after a work party. What will happen to him if I report the sexual assault to a police authority?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 Vic
- The police will gather all the relevant evidence and decide whether or not there is enough evidence for a jury to find the accused guilty.
- If there is then charges will be filed and the matter will go to court.
- Less serious offences are dealt with in the Magistrates’ or Local Court.
- More serious offences are dealt with in the County, District or Supreme Court.
- If the accused is found guilty by a magistrate or a jury they will be sentenced according to a number of factors including the seriousness of the offences and any mitigating factors personal to the accused.
- The views of the victim and the impact of the offence on the victim are also taken into account at this time.
- A sentence can include jail time or a community based sentence such as unpaid community work.
- The accused may also be placed on the State’s sex offenders’ register and be required to give a sample of their DNA which will be retained on the State DNA database.