Print this page

Reporting to Police

At the station: things you need to know
If you wish, the police will transport you to the nearest sexual assault service, medical service or hospital before you make a statement. If you require urgent medical treatment they will arrange for an ambulance. It is your choice whether or not you make a statement to the police. Police policy states that police officers must respect your wishes if you decide not to report the crime. You may call a sexual assault service or the NSW Rape Crisis Centre to speak to a counsellor while at the police station.

You are entitled to have a support person with you while you are being interviewed by the police. You are entitled to have an interpreter with you at the police interview if you need one. The police may arrange for an interpreter to attend the police station or, in some circumstances, may use the telephone interpreter service.

Reporting to police: it's your decision
You may feel pressure from family members or friends to report (or not report) the assault. You are the only person who can decide whether or not to report to the police. Most people have mixed feelings about it. You can discuss your feelings and concerns with a sexual assault counsellor. The counsellor will support you in your decision, whatever it is. When you were assaulted, control over what was happening was taken away from you. It is part of the healing process that you should be the one deciding what action to take now.

Making the decision
There are a number of things you need to take into account in deciding whether or not to report.

• You are exercising your rights.
• If you decide to make a complaint you will have to make a detailed statement about the assault at the police station. If the case goes to trial you will have to give evidence in court, including details about what happened to you.
• If there is a trial and the rapist pleads not guilty, you will have to take the stand as a witness and be cross-examined on your statement. His lawyer may try to discredit you or make out that it was your fault in some way (nothing personal-it's the lawyer's job). You can get lots of information and support about going to court from a sexual assault counsellor.
• In NSW you have to make a complaint to the police before you can apply for victim's compensation.

Making a complaint to the police
Reporting something to the police is called making a complaint. If you make a complaint you will be asked about the assault, and the police officer will type up what you say. The officer will need to know as many details as you can remember. If you find that telling the details becomes too distressing you may call an end to the interview if you wish. Police policy has been changed to minimise the number of times you have to tell the story to different police officers.

Making a statement
If you decide to make a complaint to the police, you will have to make a statement. You may ask to talk to a woman police officer, and the police service will try to meet this request. As far as possible, the police must accommodate your wishes as to when and where the interview takes place. You are entitled to have a support person present at the interview.
The police must try to safeguard your privacy and anonymity as far as possible. In rural areas and close-knit communities, privacy and anonymity can be a problem. Tell the police about your concerns. You may want to ask that police officers from another town take the statement and investigate the offence. It's up to the police whether they agree, but police policy does state that such situations must be dealt with 'in a highly sensitive manner'.

What is a statement?
The statement itself is a typed record of events before, during and after the assault. It will also contain your description of the offender and any conversation that took place. The police will ask you to tell what happened in your own words, and ask you questions so that important details are not left out. You may be asked questions (such as whether the offender had an erection, did he ejaculate, what did he say, and so on) that you find embarrassing to answer. Police officers should never ask questions such as: 'Did you enjoy it?' or 'Did you climax?' If they do, it is your right to complain about it. Afterwards you will be asked to sign each page. Your statement will be used in court as the basis of the case against the suspect. It is very important that you read it carefully and correct any errors before you sign. There are a number of different ways to make a statement. In some areas, your statement may be taped or videotaped, as well as being written down. You do not have to agree to this.

Remembering details
Stress or shock sometimes make people uncertain about exactly what happened. If this happens, let the police know. Many people find that they remember more details of an event after they have been written down. If you remember something that you did not tell the police, call them and let them know. The information may be useful. It is also common to remember details a little differently later on. If this happens, tell the police officer in charge, or the prosecutor, who will decide whether it is important. If they decide it is important they will ask you to make a further statement.

Getting a copy of your statement
Although you will not have to repeat your statement word for word in court, you will be expected to give an account that is similar to your statement. You have a right to a copy of your statement, and it is very important that you get one. If the police don't give you one, ask for it.

The victim card
The officer should give you a victim card with the investigating officer's name, the COPS (police service database) number of your case and contact details for victims' support services.

Informal reports
Even if you don't want the police to take the case to court, you can still report the sexual assault for their information. This is called an informal report. It may help in the investigation of other sexual assaults.

Second thoughts
If you do not wish to proceed with further police action after charges have been laid, you will need to give police a brief statement to this effect. You should inform the police of your wishes as soon as possible.

The police should tell you that the case could still go ahead, and that you may be called as a witness. They should check that the suspect hasn't put any pressure on you to withdraw the case.

Help in dealing with the police
There may be many barriers to communicating with the police, but there is assistance available to you.

• If English is not your first language you have the right to an interpreter. The police must organise one for you for when you make your statement. You can ask for a female interpreter (there may not be one available in your language). Or the police may use the telephone interpreting service to translate what you say.
• If you are Deaf or Hearing impaired the police must provide an interpreter for you.
• Aboriginal community liaison officers are employed to 'foster mutual understanding' between the police and Aboriginal communities. If you are Aboriginal, the police may contact the liaison officer in your area to help explain your legal rights and talk to police and government agencies on your behalf.
• There are gay and lesbian police liaison officers across the state who can help you with support and advice. Call the police switchboard on 9281 0000, and ask for the gay and lesbian liaison officer at your local police station. The role is additional to their other police duties, so you may need to persevere to contact them.