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Lesbians, gay men, bisexual and transgender people may not report violence to the police or other organisations for many reasons, including not wanting to ‘out’ themselves, fear of homophobic responses from police officers or their report not being taken seriously.
Violent behaviour is unlawful and you can take action, no matter who it’s coming from. Whether it’s ‘gay bashing’, sexual assault, domestic violence or vandalism, it’s an offence and you can report it to the police.
You may also be able to take civil action against the perpetrator for damages. Get legal advice first.
If the police have been violent towards you, you can make a formal complaint.
What Is Assault?
An assault is when a person strikes, touches, moves, or applies force to you (directly or indirectly) without your consent. This includes hitting and spitting.
Assault can also include threats to harm you made in circumstances that make you fear for your safety. You can report an assault to the police.
There is no time limit for making a report to the police about an assault. However, the sooner you report it, the easier it is for the police to charge the person.
Sexual Assault And Rape
Sexual assault is when a person ‘indecently assaults’ another person. This covers sexual acts that don’t involve penetration, such as touching breasts or buttocks without consent. (For meaning of consent, see the Sex and Sexual Offences section).
Rape is an act of sexual penetration without consent. Sexual penetration includes penetration of a person’s mouth, anus or vagina by another person’s penis, an object or another part of the body. It is also rape when one person forces another to penetrate them.
Reported sexual assaults or rapes are usually referred to special police units with expertise in this area. However, there are procedures all police must follow which are designed to support and protect the victim and their rights. For many sexual assault victims, reporting the crime to the police is a difficult decision to make. There is no time limit on reporting these crimes, although reporting immediately may help police to collect necessary evidence. You can get assistance for this from the Sexual Assault Resource Centre.
Violence Within Relationships
The term ‘family violence’ or ‘domestic violence’ describes physical and sexual violence, threats, abuse, or emotional and psychological intimidation directed towards any person by their partner or any member of their family. This includes any person you have had an intimate relationship with – you don’t have to be living with them.
You can take action to protect yourself from family or domestic violence by applying for a Restraining Order (see the info below – Restraining Orders). You can also report the violence to the police. The police can apply for a Restraining Order for you. They may also charge the person with a criminal offence. You can get more information and support from the Domestic Violence Resource and Referral Service – 9226 2366 or Legal Aid - 1300 650 579.
Stalking
‘Stalking’ includes repeatedly following someone, telephoning them or sending messages, loitering near their house or workplace, watching someone and any other repeated behaviour that makes someone fear for their safety. If you are being stalked, you can call the police. You can also apply for a Restraining Order (see the info below Restraining Orders – if threats or violence continue).
Reporting An Assault To Police
Things to consider before reporting an assault to Police.
Disclosing personal information
When you make a report to the police and the police charge the person two things might happen.
- If the person admits the assault (“pleads guilty”) then the person will be convicted and given a penalty or
- If the person does not admit the assault (“pleads not guilty”) then the matter will go to trial. It is likely that the police will need you to give detailed evidence in court about the assault. You may have to answer questions about your personal life – if this is relevant to the assault.
Privacy
Be aware that courtrooms are generally open to the public and the media. This may mean parts of your private life, including your sexuality, could become public. However, the courts are very busy and many cases go unnoticed.
You cannot withdraw charges
The police decide whether to charge or not. Once you have made a complaint and a person has been charged, you cannot “withdraw the charges”. Only the police can decide not to continue. It is important that you bear this in mind if you have any doubts about making a complaint. Be sure that you intend to follow it through and have the support you need when you decide to make a complaint.
What do you need to make a report?
To make a report the police will need:
- The facts and circumstances of the assault. When you report an assault to the police you will be required to make a statement. The statement should include all the relevant facts and circumstances involved in the “commission of the offence”.
- Your name and contact details. You will need to provide your name and contact details so the police can contact you.
- Names of any witnesses and any evidence. If you don’t have any witnesses, you can still make a complaint to the police. Many assaults occur between two people when there is no one else around. Keep medical records and photographs of any injuries you have sustained as a result of the assault.
Where do I make a report?
To report an assault contact:
- your local police station; or
- if you don’t want to make a report to your local police station, contact the Community Policing or Diversity Officer at your local Police District office. They should be trained in sexuality and gender issues.
When reporting an assault to the police you need to give as much detail as possible about when and where the assault took place, and naming or describing the offender. This can be difficult to do. You may wish to take someone with you for support.
What if the police don’t help me, don’t take me seriously or are homophobic?
If you have any problems with how the police have handled your complaint or any other matter, talk with the Diversity Officer at your local police district office (these officers are trained in gay & lesbian liaison issues). You can also make a complaint to the Sergeant in Charge of the particular police station and the Commissioner of Police. If you don’t get a satisfactory result, you can complain to the Ombudsman. See the section Dealing with Police.
Restraining Orders - if threats or assaults continue.
If you are afraid that the assaults and/or threatening behaviour may continue, you may want to think about getting a Restraining Order.
A Restraining Order is a court order designed to protect someone from threatening behaviour or violence. A Restraining Order can stop someone from acting in an offensive way, keep from within a certain distance of you, stay away from your home and place of work, stop them from communicating with you, and any other order that is necessary to protect you. For more information and assistance with applications:
- call the Legal Aid Information Line on 1300 650 579 or visit their web site www.legalaid.wa.gov.au
- visit the Department of Justice web site at www.justice.wa.gov.au
- Police can issue an on the spot restraining order 24 hours a day against the threatening person. This is at their discretion and will last for 24 hours when issued without your consent or 72 hours with your consent.
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