Recovery Hub
Rights and justice options
Sexual violence is an injustice. It can be healing when the community recognises the harm and when those who caused harm are held to account. This can take many forms and it is important survivors know and can exercise their rights and options.
“It’s an acknowledgement that there is validity in what I’m saying and what happened to me.” – REACH Project participant.
After you or someone you know has experienced sexual violence, there are many reasons why you may want to engage in a legal process. This might include wanting justice for what occurred, wanting to hold the person who caused you harm accountable, or wanting to apply for financial assistance or compensation for the harm you experienced. Some people report to police because they want a record of what happened, or in case other survivors come forward, rather than to initiate a criminal case.
Disclaimer
This page about rights and justice is intended for use in Victoria, Australia for general information only and must not be relied on as legal advice. Seek legal advice to understand what applies in your circumstances.
On this page:
> Justice and your rights
> Reporting to police
> Financial assistance and compensation
> Other justice options
JUSTICE AND YOUR RIGHTS
Justice can mean different things to different people.
Your justice options may include:
- making a report to police and going to court
- seeking compensation or financial assistance
- applying for an intervention order to prevent future harm
- making a complaint about a service that has failed to act appropriately when sexual abuse has been disclosed.
When going through any of these processes, you have rights as a victim of crime.
Victim survivor rights
If you’re a victim of crime in Victoria, you have rights under the Victims’ Charter, such as the right to be treated with courtesy, respect and dignity.
You also have the right to certain information during a police investigation, prosecution or court process.
Despite these rights, it can be stressful and traumatic to go through the justice process. It’s important that each person makes the decision that is right for them.
Continue reading for information about specific processes.
REPORTING TO POLICE
Sexual assault and abuse are against the law. You can report to the police at any time, if this is what you want to do.
Making the decision about whether to report sexual assault or abuse to the police can feel overwhelming. Being fully informed about what to expect will help you to make a decision about how to proceed.
Support to report to police
Specialist sexual assault services can provide counselling, support and advocacy. You never need to feel that you will go through the criminal legal process alone. To find your local specialist sexual assault services, visit our helpful map or view a list of services in Victoria.
To report sexual violence to Victoria Police:
- In an emergency, call 000
- Contact your local police station
- Contact your local Sexual Offences and Child Abuse Investigation Team (SOCIT)
For detailed information about reporting sexual assault or abuse (including information in Easy English and languages other than English) visit the Victoria Police website.
What happens when I report to the police?
Reports of sexual assault and abuse to Victoria Police are usually referred to a specialised team called the Sexual Offences and Child Abuse Investigation Team (SOCIT). This team has local offices across Victoria.
There are no time limitations on reporting sexual assault or abuse. This means you can report to the police at any time, no matter how many years ago it occurred.
If you have been sexually assaulted or abused recently, you may be offered a Forensic Medical Examination to collect evidence of the crime. This process is coordinated between a specialist sexual assault service, the police and the SOCIT.
You can also read about this process in our easy read booklet.
Reporting to police can result in a criminal investigation and a court case against the perpetrator, but not always.
If your case goes to court, you may be called as a witness. For some survivors, this process can feel disempowering and for others, this step can bring a sense of justice. There is no wrong way to feel.
It is important to have support when going through this process. This could be from friends, family or specialist support from your local sexual assault service.
For more information about what to expect if you report sexual assault, visit the Victoria Police website.
FINANCIAL ASSISTANCE AND COMPENSATION
If you have experienced sexual harm, you may be entitled to financial assistance and compensation. Deciding whether to seek financial assistance or compensation for sexual harm can feel overwhelming. Being informed about what options might be available may help. You can use the information below and in our compensation and financial assistance resources to start exploring some financial assistance and compensation options for sexual harm.
It is important to seek legal advice to understand how these options apply to you. Free and no-win-no-fee legal services may be available. You can explore some of these services on page 10 of our Compensation and Financial Assistance Options Booklet and on our Other Services page.
Financial assistance and compensation processes can include:
Financial Assistance Scheme (FAS)
The FAS (formerly Victims of Crime Assistance Tribunal [VoCAT]) provides victim survivors with financial assistance to help them recover from violent crime.
You can find out more about the FAS at: victimsofcrime.vic.gov.au/fas or call 1800 161 136. Free legal services such as the Victims Legal Service or knowmore may be available to help you apply to the FAS.
The FAS has a dedicated pathway for Aboriginal and Torres Strait Islander victim survivors of violent crime called the Marra Yattakunar Pathway. To access the Marra Yattakunar Pathway, call 1800 849 778 or make an online enquiry through the FAS website above.
To apply to the FAS, you usually need to have reported to police. Victim survivors who have experienced child sexual abuse can apply at any time. Victim survivors who have experienced sexual harm as adults usually have 10 years to apply.
Personal injury claim
You might be able to get compensation from the person who sexually harmed you or the organisation that was responsible for them through a personal injury claim. There is no cap on how much compensation you may be able to access, so it is a good idea to speak with a personal injury lawyer about whether this option is right for you. Many personal injury lawyers work on a ‘no-win-no-fee’ basis. You can find a lawyer through the Law Institute of Victoria’s Find Your Lawyer Referral Service. Many private lawyers act on a ‘no win, no fee’ basis. You can find out more about what this means here.
There is no time limit for personal injury claims for child sexual abuse in Victoria. Personal injury claims for people who have experienced sexual harm as adults must usually be made within 3 years.
Restitution and compensation orders
If the person who sexually harmed you is found guilty in Court, you may be able to ask the Court for a restitution or compensation order. These orders require the person to return or compensate for the property that was stolen, lost, destroyed or damaged as a result of sexual harm or to compensate for injuries caused by sexual harm.
Free legal help may be available to assist you with these orders through the Victims Legal Service. You may also be able to get help from a lawyer who works on a ‘no-win-no-fee’ basis. You can find out more about what this means here. You can find a lawyer through the Law Institute of Victoria’s Find Your Lawyer Referral Service.
Usually, you need to apply for these orders within 12 months of the person being found guilty.
Restorative justice
Restorative justice is an alternative approach to justice. It is a voluntary process that can bring victim survivors and those responsible for sexual harm together in a supported dialogue to talk about what happened, the impacts of the sexual harm and how the sexual harm can be addressed. Careful preparation with participants is part of this process. Free restorative justice services such as Open Circle and the Department of Justice Victim-Centred Restorative Justice Program may be available.
If you were sexually abused as a child in places like out-of-home care, church or school, you may be able to apply to the National Redress Scheme for Survivors of Institutional Child Sexual Abuse.
It’s very important to get legal advice before taking this step. National Redress Scheme payments are capped and if you accept a redress payment you won’t be able to make a personal injury claim or receive any more redress from the organisation. Free legal help is available through knowmore. You can also explore other supports available here.
National Redress Scheme applications close on 30 June 2027.
Internal complaint
Some organisations like religious groups, schools and sports clubs have internal complaints processes to address sexual harm that has occurred in the context of the organisation. It is a good idea to get legal advice before starting an internal complaint because the organisation is in charge of the process and they may ask you to give up your rights to any more compensation. You can find a lawyer through the Law Institute of Victoria’s Find Your Lawyer Referral Service. Many private lawyers act on a ‘no win, no fee’ basis. You can find out more about what this means here.
Sexual harassment complaint
If you have experienced sexual harassment, you may be able to make a complaint under State or Commonwealth anti-discrimination and employment law. Sexual harassment law is complex, so it is a good idea to speak with a specialist lawyer to understand your options. If you make a complaint to one place, sometimes you cannot change your mind later and complain somewhere else. Victoria Legal Aid may be able to provide free assistance with a sexual harassment complaint. You may also be able to get help from a lawyer who works on a ‘no-win-no-fee’ basis. You can find out more about what this means here. You can find a lawyer through the Law Institute of Victoria’s Find Your Lawyer Referral Service.
Sexual harassment complaints must usually be made within 1 or 2 years, depending on whether they are made under State or Commonwealth law.
OTHER JUSTICE OPTIONS
Image-based sexual abuse
Sharing intimate images or videos without consent is illegal. This includes images that have been produced by Artificial Intelligence (AI) or ‘Nudify’ apps. You can report this to the police.
You can also report image-based abuse to the eSafety Commission (eSafety). eSafety can help get the content taken down it’s been shared online.
eSafety also has information about preventing intimate images or videos being shared.
Other legal information, advice and support
You may need other legal advice, information and support to keep you safe after sexual violence or abuse. For example, advice on family law, parenting, child protection or housing.
Survivor advocacy
Telling your story or campaigning for change can be transformative for survivors. Sexual violence is a social problem and our society needs to change to prevent it from happening.
