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Will I have to see the perpetrator in court?

I finally left my abusive husband and I am still scared of him. If I report him for sexual assault will I have to see him in court?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 22-11-2015
1 Lawyer Answered
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

  • In most Australian states and territories special arrangements exist for victims giving evidence in cases involving sexual assault.
  • The victim can ask to give their evidence by closed-circuit television (CCTV) in the court.
  • This means you will go into a room separate from where the accused, lawyers, judge, and jury are.
  • You will only see the judge and the lawyers on the screen.
  • Your evidence will be relayed back to the court and shown on CCTV screens.
  • The judge or magistrate can also order that the court be closed to the public so that you will not have to worry about other people seeing you or hearing what you are saying.
  • The accused however is entitled to be present and to see and hear the evidence being presented against him. 

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