The CP Act also provides a measure of protection to witnesses giving evidence in sexual assault proceedings.

Children and cognitively impaired complainants cannot be cross-examined at committal if:

At committal, their evidence-in-chief will be the statement that they have already made to police investigators.

In a committal or a trial relating to sexual assault, the court must direct that "alternative arrangements" be made for complainants giving evidence, other than those who are under 18 or cognitively impaired. Such arrangements include:

The Magistrates' Court is usually closed for sexual assault proceedings during the complainant's evidence. The County Court may also be closed if, on the application by the prosecutor, the Judge determines that it would save the complainant from undue distress.

If the witness gives evidence by any of these means, the Judge must warn the jury that they cannot draw any adverse inferences about the accused or give the evidence of the witness greater weight because these special arrangements have been allowed to be made.

Publication of any information to the public that would identify a victim of sexual assault from the time the report is made to the police is not allowed.

An accused whose knowledge of English is not sufficient to enable him or her to understand the proceedings must be provided with an interpreter. Although no such right exists for the witness, it is important that the prosecutor is made aware if a complainant will need an interpreter for proceedings so that appropriate arrangements may be made.

A special room is put aside for victims attending the County Court and waiting to give evidence. Facilities are also available at the Melbourne Magistrates' Court. For more information, contact the Court Network (see: details under "Contacts", at the end of this chapter.

The committal is a hearing held in the Magistrates' Court to determine whether there is sufficient evidence for a case to proceed to trial in the County Court before a Judge and jury. Sometimes, the case will proceed by what is termed the hand-up brief procedure, which does away with the need for the witness to attend to give evidence. The prosecutor should keep a victim informed about the progress of the case.

Sexual offences are given priority by those who organise when cases are to be heard, in recognition of the trauma suffered by the victim. The CP Act articulates the need for committal proceedings to occur within three months of commencement of the criminal proceeding for the sexual offence, unless a longer time is needed "in the interests of justice".

Prior to the committal proceedings, an administrative hearing, called a committal mention, is held. The victim usually does need to attend this hearing. At this stage, it is important to inform the public prosecutor, the police or the CASA counsellor/advocate if the special facilities for giving evidence are required at the committal (e.g. closed-circuit TV, or screens).

If the accused enters a plea of "not guilty", evidence will need to be given at the trial about what happened. If the complainant is an adult, and not suffering from a cognitive impairment, they will be required to attend at the court and be examined-in-chief and cross-examined in the usual way. This giving of evidence may be subject to their giving evidence by way of "alternative arrangements", namely in another room etc., (see: "Protection of complainants", above).

Under the law subsequent to 1 December 2006, the evidence at trial for child complainants and those with a cognitive impairment may be taken shortly after the committal at a "special hearing" and then provided to the jury at trial by way of video.

In relation to trials occurring after 1 December 2006, where the complainant is a child, evidence-in-chief will generally be by way of the tape-recording of the child’s statement given on tape to police investigators.

If the accused pleads "guilty", the complainant will not be required to give evidence. If you must give evidence, you will generally do so by alternative means, unless that is not your wish (see: "Protection of complainants", above).

It is important to meet with the prosecutor prior to the trial in order to clarify any particular aspects of your own situation and to discuss how much of the events surrounding the sexual assault or assaults you remember clearly.

Once guilt has been established, whether because of a guilty plea or as a result of a trial, the accused will be sentenced. The Magistrate or Judge may take into account a range of factors when sentencing, including aggravation (e.g. the use of weapons, infliction of physical injury, or threats); the accused's previous character; the need for punishment and deterrence of the accused and others like the accused; as well as the potential for the accused to be rehabilitated. The protection of the community is the most important sentencing consideration.

The Judge may also take into account the impact of the sexual assault upon the victim and those associated with the victim. This is principally done by the victim impact statement tendered by the prosecution (see below).

The Judge may also take into account mitigating circumstances relating to the accused.

The victim, as the complainant, has no right of appeal of the sentence. The victim may request that an appeal be lodged, but the ultimate decision to appeal is that of the Director of Public Prosecutions (DPP).

The accused may appeal against the conviction and/or sentence. Both of these possibilities are outside the control of the DPP.