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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.
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