Sexual Assault
This page has information about sexual offences and includes advice about what you can do if you are experiencing, or have experienced, sexual assault.
What is sexual assault?
Sexual assault is when someone forces you to have any kind of sexual contact against your will. “Sexual offence” is the legally correct term to describe a range of sexual crimes – this website uses ”sexual assault” as the term more commonly used to describe this type of crime. These include:
- incest
- sexual abuse
- rape
- date rape
- sexual assault where drugs or alcohol was used as a weapon (often called ‘spiking’)
- indecent behaviour
- indecent assault
- sexual molesting
- child sexual abuse and child sexual assault
A sexual offence has occurred if someone exposes their genitals or masturbates in public, if they touch you indecently, make you touch their genitals in a sexual way or if someone forces you to have sexual intercourse without your consent.
Legally, ‘sexual intercourse’ is when a person puts their penis, fingers, hand, tongue or an object into your vagina or anus or mouth. It also means getting or giving oral sex when you don’t want to and being forced to put objects into your own vagina or anus.
A sexual assault can occur at home or in a public place like a street, a park, a car park, at a licensed venue or in a car.
Sexual assault can be committed by a stranger or group of strangers but most are committed by someone the victim knows. For example, the abuser may be your partner or spouse, a friend, someone you went on a date with or a family member.
A sexual assault is always a crime. As a victim of crime you have the right to:
- be treated with courtesy, compassion, cultural sensitivity and respect;
- information about, and access to, welfare, health and counselling services;
- privacy and protection;
- information about the criminal justice system
- Find out more about victims rights
Can I be sexually assaulted by my partner?
Yes. Sexual assaults can happen within relationships too. If your partner or spouse makes you do anything sexual that you don’t want to do, and they know you are not consenting, this is a sexual assault. It does not matter that you may have had consensual sex with your partner at other times.
What can I do if I have experienced sexual assault?
Tell someone
Sexual assaults are a crime. It is never your fault. If you have a friend or family member that you trust, you could talk to them. Tell them what happened to you and how you are feeling. Let them know what you would like them to do. You may just want them to listen to your story. Or you may want them to help you to get help. It is up to you.
Call the Rape Crisis Centre or other Sexual Assault Services
If you have been sexually assaulted (ie. raped) you may prefer to contact a sexual assault service. Sexual Assault Services are run by NSW Health and are based in community health centres or hospitals across NSW. All services provide help to those who have experienced sexual assault, whether recently or some time ago.
You can talk to a counsellor at any of these services 24 hours a day. The services are free and confidential. If you are under 16 years of age, staff at the service are required to report the incident to the Department of Community Services.
Sexual Assault Services can provide you with:
- Counselling — straight after the assault and in the months after
- Support and assistance with any worries you have about safety
- Information and support about how to report the sexual assault to the police
- Information on choices and rights in the legal system
- Support and information for partners, friends and family
- Court preparation and court support
- Information about victims compensation
- Support groups
There are also a number of child sexual assault services like Dympna House, which provide telephone counselling for women and children in NSW who are incest survivors.
To contact the NSW Rape Crisis Centre:
- Phone 1800 424 017 from anywhere in NSW, 24 hours a day .
- If you are deaf or hearing impaired, contact the TTY (02) 9181 4349
- Visit www.nswrapecrisis.com.au for online counselling
The Rape Crisis Centre can provide you with immediate help as well as letting you know where you nearest Sexual Assault Service is.
Call your local hospital or community health centre for the contact details of your nearest Sexual Assault Centre. You can get a list of Sexual Assault Services in your area by visiting the NSW Health Services directory. On the website enter the words “sexual assault” in the service type search field and enter your region.
See a doctor
Sexual Assault Services can also provide medical examinations and treatment, especially if a sexual assault has just happened or happened in the last few days. This is mainly to see if you need any medical treatment. The doctor can also do tests for sexually transmitted diseases and can give you the morning after pill to prevent pregnancy after the sexual assault. You can request a female doctor.
Get a forensic examination
If the sexual assault was recent, the doctor can do a forensic examination. During a forensic examination, the doctor will write down what happened, any injuries you may have, or distress, upset or anxiety you are showing. They may also take samples of your blood or clothing and genital swabs for forensic testing.
A forensic examination is important if you want to report the sexual assault to the police. It provides important supporting evidence at any trial and the doctor may be asked to give evidence. The doctor will seal all forensic evidence in an envelope. If you agree, they will give it to the police. If you are undecided about whether to report the assault to the police, the Sexual Assault Service will store the evidence for up to 48 hours. A counsellor will talk to you after 48 hours to find out what you want to do.
It can be difficult having a medical examination after you have been raped and the examination can only be done with your written consent. But you also need to be aware that delaying or not having the examination may mean that you lose important evidence against the offender.
Report the assault to the police 000
It is your decision whether you want to report a sexual assault to the police or not. It is a good idea to talk through your options with a sexual assault counsellor before you make your decision.
If and when you tell the police what happened to you, this is called making a ‘complaint’. Sexual assault is a crime, so the police will act on it once you report it. You will be asked a lot of personal details about the sexual assault, like questions about where his hands were, whether the car door was open or whether you struggled or screamed.
What you say is typed up in your words by the police officer and you sign each page. This is called a ‘statement’.
Once you tell the police what happened, it is up to them to decide to investigate it.
A booklet detailing information about what happens once you make a complaint and the legal process, is available from the Department for Women, Women and Violence - What you can do if you experience Sexual Assault.
Protect yourself afterwards
Beginning to feel safe again is an important step in regaining your well-being. There are two ways you can be protected from the offender — bail conditions and Apprehended Violence Orders.
If you report the sexual assault to the police and the defendant is charged, the police can put special bail conditions on the defendant to keep the defendant away from you.
Or you can apply for an Apprehended Domestic Violence Order (ADVO). Find out more information about getting an ADVO or a list of NSW Local Courts.
Call the Victims Support Line
As a victim of a sexual assault, you can call the 24 hour Victim Support Line, telephone: (02) 9374 3000 (Sydney metro area) or 1800 63 30 63 (outside Sydney). This is a free call. Staff can provide you with information, support and referral and tell you about your right to claim compensation and help you to complete an application, as well as providing you with information about preparing a Victim Impact Statement.You can also apply for on-going counselling from the Victims of Crime Bureau. Staff of the Victim Support Line can tell you how to do this.
Support and compensation for victims of sexual assault
If you have been the victim of sexual assault, you may be eligible for counselling and victims compensation from the Victims Compensation Tribunal. The information provided below answers some frequently asked questions about applying for victims compensation and counselling.
Detailed Information on counselling and compensation for victims of domestic violence can be found on the Victims of Crime website.
Can I receive free counselling?
Yes. If you were the victim of sexual assault, or you are the parent or guardian of a victim of a sexual assault who was a child at the time of the incident, you may be entitled to counselling under the Approved Counselling Scheme. Please refer to the brochure titled Approved Counselling Scheme for Victims of Violent Crime for more information about applying for counselling.
Please refer to the brochure titled Approved Counselling Scheme for Victims of Violent Crime (102Kb) for general information about applying for counselling on the Victims of Crime website.
Find out more information about the Approved Counselling Scheme
Compensation
Please refer to the pamphlet Compensation for Victims of Violent Crime (PDF 102Kb) for more information about applying for victims compensation and making a claim.
Visit the Victims of Crime website for more information on making a sexual assault compensation claim
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