Rights and reporting

On this page
Your rights for safety
Physical Examinations and Kits Reporting sexual assault to police
Talking to friends, family or the media
Downloads

Once you have taken the steps that work best for your physical and emotional wellbeing, it can be helpful to know what your rights are and what reporting your sexual assault to the police might look like.

This page explains what your rights are and what reporting your sexual assault to the police might look like, if you choose to report it.

Just like when receiving healthcare, you are in control of this process. You are in control of what reporting looks like for you, who you might report to, or what you might do if you choose not to report at all.

You can find more information on sexual assault and domestic violence in the LGBTQIA+ community via the Say It Out Loud website

Acknowledgements

This page was created with input from trans writers across each state and territory, and developed in collaboration with Northern Territory AIDS and Hepatitis Council (NTAHC), SHINE SA, Transgender Victoria (TGV), A Gender Agenda, TransFolk of WA, Queensland Council for LGBTI Health (QC), and Working It Out Tasmania (WIC). All content was reviewed by the Inner City Legal Centre.

Your rights for safety

Everybody has the right to live a life free of violence, coercion, and harm. Sexual assault is a crime, and it is never the fault of the person who has been assaulted.

Everyone deserves to live a life free from the threat and perpetration of sexual assault, and to seek justice and help if they are harmed.

Confidentiality

When talking to any counselling, healthcare or police-related service, you have a right for your information to remain confidential and can request further information about how your records will be stored and shared from that service.

Every state and territory has specific legislation protecting counselling communications. For example, in NSW anything said to your counsellor with no one else present is not able to be used in a criminal case or in a court hearing without your consent. These laws are called Sexual Assault Communications Privileges.

You can always ask if a conversation can be shared with the police, or in a court, before you talk to a counsellor. If the person who has been assaulted chooses to report their assault to the police, this information (de-identified, so names are not public) may become available for journalists to access to report on the case. The person who has been assaulted may also choose to speak publicly about their case.

When speaking with healthcare providers and the police you can also write down any words you do or don’t want used for yourself and your body. See downloads for a resource to help with this.

For police reports, medical language (which is not always affirming) will need to be used and may be used in court also. 

Seeking justice

When someone has been harmed or assaulted, they are entitled to seek justice. Seeking justice for a sexual assault is no different in this way – people deserve support and compassion for what happened. However, the legal process of reporting and seeking restitution for an assault can be complex. Having support is often essential when going through this complex and difficult process.

It is important to remember that no matter what the criminal justice system says, if you have been assaulted your experiences really happened, and you deserve support.

In the sections below we discuss what the ways of reporting a sexual assault look like, and how to support yourself while doing so.

Myth: You are required to report a sexual assault immediately

You are able to report a sexual crime at any point – it is never too late. Police can charge a person with sexual assault no matter how long it has been since the assault – there is no “statute of limitations” (time limit) for charging someone with a sexual offence anywhere in Australia.

Police and courts are very aware that there are many reasons why someone may not report a sexual assault at the time or soon after it occurs.

Myth: If I don’t report to police immediately, there will be no evidence of the assault

This isn’t true. Evidence comes in many shapes and forms.

If you are considering the option of reporting your assault, but don’t want to commit to making a statement to police, you can:

Visit a Sexual Assault Service (SAS) and do a medical forensic exam to collect any physical evidence, and the SAS will hold onto that evidence for a period of time (see about your State below) or provide it to police with your consent. This gives you more time to decide whether or not you want to report the crime.

Record a voice memo, or send a text or email to yourself, or someone you trust, explaining what happened. Save that somewhere safe, or ask the person you trust to save it somewhere safe. If you experience ongoing symptoms, you should keep a diary in writing or on your phone.

Make an alternative report, that doesn’t launch an investigation (see below).

Physical Examinations & Kits

Note: This section covers physical examinations or sexual assault exams and outlines what to expect.

As part of the evidence collection process, you may be asked to undergo a physical examination. This is sometimes called a sexual assault exam or ‘rape kit’. The person who has been assaulted can also go to any hospital and request this, and there are also Early Evidence Kits (EEK’s).  Physical examinations are recommended to be carried out within three days of the incident, if possible. However, even if it has been more than three days, it can still be useful to attend a physical examination.

Early Evidence Kit (self-administered)

An Early Evidence Kit (EEK) or ‘just in case’ kit are self-administered, meaning you do it yourself. You take samples such as swabbing relevant areas and collecting urine. This can be very useful to preserve evidence that might be lost if you:

Go to the toilet

Have a shower

Drink or eat

Wash your hands

They are also useful when a full forensic examination is not available where you live, or you have to wait for the full examination.

Full Exam

In Australia it is up to the person who has been assaulted whether or not they want to collect evidence this way, and what they agree to during this process. It can sometimes help to know what to expect during physical examinations.

General overview of sexual assault exam:

A Doctor or Nurse will talk to you about what will happen, and have you sign a consent form;

You will be asked some questions about what happened, and may be asked to write down a summary in your own words;

You will be asked to remove your clothing and will be given a gown to wear during the exam – if you feel uncomfortable or change your mind, let the health practitioner know – you only have to do what you’re comfortable with.

If you proceed, the health practitioner will examine your body, including your genitals, for any injuries. They will make a written note of any injuries.

They may ask you if you’re comfortable with any of the following, depending on the circumstances. You can say no to any of these requests:
- Photograph of your injuries
- Swabs or Samples from clothing or your body
- Blood Sample
- Urine Sample

Availability & Storage

These can be stored for a period of time, allowing the person who was assaulted time to choose whether or not to file a police report.

Australian Capital Territory (ACT) – Forensic Medical Examinations are available from the Forensic and Medical Assault Sexual Clinic (FAMSAC) at Canberra Hospital. Evidence is stored for a minimum of 3 months without a police report.

New South Wales (NSW) – Sexual Assault Investigation Kit’s are available via any sexual assault service in NSW. Evidence is stored for a minimum of 3 months without a police report, before the person who was assaulted is contacted.

Northern Territory (NT) – Forensic Medical Examinations are available from Sexual Assault Referral Centres in Darwin or Alice Springs. Evidence is stored for up to 6 months without a police report.

Queensland (QLD) – Forensic Medical Examinations are available from hospitals or Sexual Assault Services. Kits can also be requested by calling the Sexual Assault Helpline on 1800 010 120. Evidence is stored for up to 12 months without a police report.

South Australia (SA) – Forensic Medical Examinations are available from Yarrow Place Sexual Assault Service and some general hospitals (regional). Evidence is stored for up to 12 months without a police report.

Tasmania (TAS) – Sexual Assault Investigation Kit’s are available from Royal Hobart Hospital, Launceston General Hospital, and North West Regional Hospital in Burnie. Kits can also be requested from the Sexual Assault Support Service (SASS) by calling 1800 697 877 (available 24/7). Evidence is stored for 100 years without a police report.

Victoria (VIC) – Forensic Medical Examinations are available from Crisis Care Units, Hospitals, and Multi-Disciplinary Centres (MDCs) in Morwell, Dandenong, Seaford, Wyndham, Bendigo, Geelong and Mildura. Victoria Police maintain a contact list for MDCs. It is unclear how long evidence will be stored if no police report is filed.

Western Australia (WA) – Forensic Examinations are available from the Sexual Assault Resource Centre (SARC) in Perth, while hospitals with self-collection kits are available in remote areas. Evidence is stored for up to 6 months without a police report, before the person who was assaulted is contacted.

Reporting sexual assault to police

Whether or not to involve the police, or to report the crime, is a decision that will be different for everyone. If you are 16 or over, the police will only be involved if you want them to be, unless there’s a direct risk of harm to you. Whatever you decide to do is okay, and there is no wrong decision. 

All across Australia, police can investigate a sexual assault without the involvement of the person who experienced the assault. However, no information or evidence can be provided by a health provider to investigating police without your consent (for situations after a person has been charged by police, see previously mentioned Sexual Assault Communication Privilege).

Police can charge the offender without needing evidence or a statement from you if there is enough evidence from third parties, including on video/photos/CCTV etc. However, it is extremely rare for this to occur. In almost all cases, police will need the co-operation of the person who was assaulted to charge the offender.

Working with Liaison Officers

When working with police, it can be helpful to find an officer that will work with you and who is trained to understand particular communities and the ways violence and harm affect them. If, at any time, you feel that you are not being treated fairly, you can ask to speak with another police officer or a dedicated liaison officer.

LGBTQI+ Liaison Officers are available in NSW, QLD, VIC, TAS, ACT, and SA.

You can also bring a support person with you, and this may be a partner, friend, family member, or health professional. It can be overwhelming to engage in any legal system by yourself, and you don’t have to do it alone. 

If at any point it feels like too much, or too difficult, you can ask to leave.

Making a formal police report

A police report allows the police to investigate the crime, and potentially arrest and charge someone as a result. It’s important to understand that a police report includes making a statement, which can take a long time and involves telling the police what happened in detail.

After making a formal, the report will be investigated by detectives. This may include obtaining further statements and collecting information, after which they will make an assessment about whether there is enough evidence to take the report to court. You will be kept informed by the detectives throughout this process.

You are able to attend a Sexual Assault Service before making a formal complaint, and they can guide you through the process, any forensic testing, and provide support during and afterwards.

Alternative Reporting Options

If you are considering the option of reporting your assault, but don’t want to commit to making a statement to police, you can:

Visit a Sexual Assault Service (SAS) and do a medical forensic exam to collect any physical evidence, and the SAS will hold onto that evidence for a period of time (see about your State above) or provide it to police with your consent. This gives you more time to decide whether or not you want to report the crime.

Record a voice memo, or send a text or email to yourself, or someone you trust, explaining what happened. Save that somewhere safe, or ask the person you trust to save it somewhere safe. If you experience ongoing symptoms, you should keep a diary in writing or on your phone.

Make an anonymous tip or report through Crime Stoppers Australia.

Make an alternative report, that doesn’t launch an investigation. No investigation will occur as a result of the report, but it can be used by the police to reduce repeat offending, protect the community, and to assist in other prosecutions against offenders. These are available in ACT, NSW, QLD & WA.
- In ACT, reports can be made online with personal information if the assault occurred more than 6-months ago. Make a report through the Australian Federal Police ‘Historical Sexual Assault’ online form.
- In NSW, reports can be made anonymously or with personal information via the Sexual Assault Reporting Option (SARO).
- In QLD, reports can be made anonymously or with personal information via the Alternative Reporting Option (ARO).
- In WA, reports can be made anonymously or with personal information vis the Safe2Say online reporting tool.

Talking to friends, family or the media

Sexual assault is something that unfortunately many trans people experience. Being able to talk about our experiences – good and bad – is an important way of looking after ourselves and our communities, and receive support from those around us.  If your perpetrator has been charged by police, you will need to consider whether there are legal issues if you speak about what happened to you outside of court (see below for more information).

While talking about our experiences is important, it can be helpful to consider when and where we do. Good places to share about ourselves are with trusted friends and family, with counsellors or other mental health support, with doctors or health professionals we trust, or in group support settings. 

However, maintaining boundaries is an important way of taking care of ourselves too. There are also settings in which sharing our experiences may not be a helpful part of healing or be actively harmful to us. An example of this is Australia’s strict defamation laws, which can see an individual taken to court over things said about another person in public. 

Talking about what has happened to us is an important part of healing but so is keeping ourselves safe as we do talk about our experiences. We recommend contacting your local Sexual Assault Service and talking to a counsellor – the service is confidential and free. 

Speaking publicly about your assault

If your perpetrator has been charged, or is being investigated, it is generally advised that you do not speak publicly about what happened. This is to make sure that the evidence you give in court is not challenged against what you have said publicly. In some states or territories, there are laws which may prevent you from legally speaking about what happened to you, in circumstances where you identify yourself as the victim.

Australian Capital Territory (ACT) – You can identify yourself as a victim in media if you are over 18.

New South Wales (NSW) – You can identify yourself as a victim in media if you are over 14.

Northern Territory (NT) – You can identify yourself as a victim in media if you are over 18 and court proceedings have finished.

Queensland (QLD) – You can identify yourself as a victim in media if you are over 18.

South Australia (SA) – You can identify yourself as a victim in media if you are over 18.

Tasmania (TAS) – You can identify yourself as a victim in media if you are over 18 and court proceedings have finished.

Victoria (VIC) – You can identify yourself as a victim in media if you are over 18.

Western Australia (WA) – You can identify yourself as a victim in media if you are over 18.If you publicly identify the perpetrator of your assault, and the perpetrator is not convicted in Court, they may try and sue you in defamation. You would be able to argue a defence of truth; however, these proceedings are lengthy and very costly. This is similar to the case of Bruce Lehrmann, who unsuccessfully sued Network 10 in defamation for airing Brittany Higgins’ account of what happened to her. However, do note that defamation laws will also vary across the country.

For further guidance and things to consider when speaking publicly about your assault, check out the Safe Response Toolkit.

Downloads

Bystander Toolkit – Say it Out Loud

Consent: Sex and Sexuality for Trans People - Gender Minorities Aotearoa (2022)

Application for Redress

Links and References

WA

SARC	https://www.kemh.health.wa.gov.au/other-services/sarc What Happens When You Call of Visit SARC
Local Police Services- WA Police	https://www.wa.gov.au/government/service-locations/your-local-police
Sexual Assault and LGBTQIA+ People- SARC (PDF)	https://www.kemh.health.wa.gov.au/~/media/HSPs/NMHS/Hospitals/WNHS/Documents/Patients-resources/SARC—Sexual-Assault-and-LGBTQIA-People-Fact-Sheet.pdf
Sexual Assault Services for Trans and Gender Diverse People- SARC	https://www.kemh.health.wa.gov.au/~/media/HSPs/NMHS/Hospitals/WNHS/Documents/Patients-resources/SARC—Sexual-Assault-Services-For-Trans-and-Gender-Diverse-Community-Fact-Sheet.pdf
Sexual Assault Support Services- Centre for Women’s Safety and Wellbeing (PDF)	https://cwsw.org.au/directory/sexual-assault-support-services-download-pdf/
Safe2Say	https://www.wa.gov.au/service/security/law-enforcement/report-sexual-assault