This page is designed to provide options for sex workers who have experienced a sexual assault or rape. These options are available to you whether the incident occurred at work or outside of sex work. We also have another post, understanding sexual assault and rape as a sex worker, which explains definitions, and outlines support options available to you.
There are no right or wrong actions to take after being sexually assaulted or raped. You are not legally required to take any action.
Telling someone you trust about the incident can help and could assist if you decide to progress a police report. If you choose to make a police report, you can do this at any time. Generally, the sooner a report is made, the stronger the evidence and investigation will be.
Considering evidence immediately after an assault
If you are considering, or have decided that you will report a sexual assault or rape, it can be helpful to identify what the evidence is and how to treat it carefully. Some examples of evidence and how to treat it include:
- Clothing: avoid changing or cleaning the clothes worn during the incident
- Bodily fluids: avoid washing or brushing your hair, eating, drinking, brushing your teeth, cleaning your body, or showering
- Condoms: If you are wearing a condom, it is best not to remove or tamper with it
- Objects: If the sexual assault or rape occurred while you were working, avoid touching or cleaning anything used in the booking, including sex toys, condoms, lubricant, oil, money, cups, sheets, or towels
- Communication – keep any records you have of related text messages or communication, especially if you were sexually assaulted or raped by a client and they confirmed the booking and/or agreed to specific services. Try to screenshot these as soon as possible in case they are retracted later
- Keep notes with the date and time of the details you remember.
If you are not reporting immediately but think you may in future, it is ideal to store any physical evidence you have identified separately, in its own paper bag, and stapled shut. This will reduce the chances of the evidence degrading or being contaminated. It is also important that any evidence is stored away from sunlight, and in a dry location.
Even if you did not do these things right away, it may still be possible for evidence to be collected depending on how much time has passed.
Seeking medical assistance
There are multiple options for seeking medical assistance following a rape or sexual assault. One of these options is to attend your local hospital’s emergency department. A Respect Inc peer educator can support you during this process and may be able to attend the hospital with you. If you feel comfortable enough, telling the front desk that you have been sexually assaulted should reduce the time you wait. You do not need to provide any further information – informing them that you have been sexually assaulted is enough. If you don’t feel comfortable saying this out loud, you can write it down or type it out on your phone and show them. If you do not tell them that you have been sexually assaulted, it is likely that you will have to wait for longer.
Depending on the hospital, they may be able to provide a private, quiet room for you to wait in. They may also be able to request a social worker and a forensic nurse to attend as a priority, or transport you to a hospital where a forensic nurse is available. Forensic nurses have been specially trained to complete a forensic medical examination kit (FMEK) and to support individuals who have experienced sexual assault or rape, in a sensitive and appropriate manner.
How much detail you share about the incident is completely up to you. You do not need a Medicare card, however, you will be asked for your legal name and date of birth. You are not required to disclose that you are a sex worker unless you choose to. Information you disclose to the nurses or social workers, such as your sex work status, or drug and alcohol use, may be passed on to the police or disclosed in court if you make a report.
If you choose to proceed with an FMEK, there are some timeframes to consider. The sooner an FMEK is completed, the more evidence they are likely to be able to collect as some DNA deteriorates more quickly, including ejaculate or saliva on the skin. If the assault included anal penetration with ejaculation, the examination should be done within 48 hours. For vaginal penetration with ejaculation the examination should be within 72 hours but can be completed up to 5-7 days later, depending on the nature of the assault. DNA or other evidence may still be collected even when there was no penetration, no ejaculation, or a condom was used.
FMEK and other medical support you can request:
You do not have to undergo an FMEK or attend hospital if you do not want to. Other options for medical assistance include seeing a general practitioner or attending a Medicare or private urgent care clinic. Respect Inc can support you with locating and accessing medical assistance. It is always okay to take a support person you trust, or ask a Respect Inc peer educator to attend with you.
There are two FMEK options:
‘Collect and ANALYSE’ – the evidence will be collected and provided to police to assist in their investigation. This option gives you the best chance of achieving a prosecution. Police will be contacted and attend the hospital to obtain a statement from you. However, you are not obliged to provide a statement to police or proceed with legal action afterwards. If you do not feel safe reporting to the police immediately, you can ask that the police interview be delayed by a day or two.
‘Collect and STORE – an FMEK will be completed but police will not be called. Instead, the evidence collected will be securely stored for 2 years. At any time during these 2 years, you may decide to report to the police. The evidence collected will then be provided to police to assist in their investigation. You will not be reminded or notified before the 2 year period is over.
You may also choose to simply obtain medical care. You will still be supported by a social worker, however, an FMEK will not be completed or recorded. Instead, a medical examination will be conducted to assess any injuries and recommend treatment or follow up.
What to expect during the examination
Before the examination begins, the nurse will explain what the process involves and ask you to sign a consent form, as well as provide any medical history you are comfortable sharing. You can take breaks if you need to.
A physical examination is undertaken as the next step. You do not have to consent to all parts of the examination and you have the right to withdraw your consent or leave the examination at any time.
You are usually taken into a small, surgical-looking room and asked to get changed into a blue gown. During the examination they will collect DNA swabs which may include from inside your cheek, vagina, rectum, underneath your fingernails, or your jewellery. A speculum may be used with your consent. They may also document any marks or injuries on your body. If you do not like needles or do not want a toxicology report, you do not have to give a blood sample. Sexually transmitted infection testing and treatment can also occur during your visit, and if required, you may be provided with emergency contraception and/or HIV Post Exposure Prophylaxis (PEP).
Translators can be provided over the phone or in person. It may take time to organise a translator. Sometimes only a male translator can be provided.
Depending on the hospital, they may be able to offer you a shower, toiletries, and a change of clothes. It’s okay to ask for these things and anything else that you need. You won’t be able to get your clothing back.
Options if you don’t feel supported
It takes a lot of courage to seek help following a sexual assault or rape, and you deserve support and respect while doing so. If you feel as though you were treated unfairly or with disrespect at the hospital following a sexual assault or rape you have a right to express this concern. You can do this by asking to speak with the nurse in charge while you are there. Ryan’s Rule is a protection for health consumers and families if you believe you are not being treated appropriately. You can request a Ryan’s Rule clinical review at the hospital, or submit a complaint with the Health Ombudsman whenever you feel ready. It can be helpful to include information about what happened and what kind of action you would like the health service to take. Discrimination is when someone treats you less favourably because you are a sex worker. It is unlawful, and if you believe this happened to you, you can report it to the Queensland Human Rights Commission (QHRC). Respect Inc peer educators can assist you with any of these processes.
Reporting the crime to the police
Informing the police of a sexual assault or rape is completely your decision.
If you do choose to report to police, you can call police from your location or attend a police station. You can also call the station prior to attending to make it less intimidating. If you choose to do this, request to speak to the duty officer. They can tell you the name of their investigating officer and indicate to them that you are coming to the station. That way, you can ask for the investigating officer without explaining yourself. If you go to a police station you can take a support person with you. Contact Respect Inc if you would like a peer educator to accompany you to the police station. Be sure to carefully take any evidence to the station with you.
The police will place you in a separate room where they will take an initial statement about what has occurred. If you are not taken to a separate room, you can request one. They will obtain details from you, including your name, address, and details of the offender and what occurred. They may ask the same questions multiple times, and may be typing or taking notes while you are speaking. They may also ask to record your statement. You do not have to give consent to recording if you don’t want to.
The police may also take DNA swabs while you are there if you haven’t already completed an FMEK, or arrange to transport you to a hospital for evidence collection and medical assistance. Remember to take any paperwork that they supply to you when you leave the station and keep it somewhere safe.
Police may also obtain digital evidence by collecting surveillance footage, text messages, and call logs. They may do this by asking for your consent to download information from your device. They may also ask to take photographs of your body, and collect your clothes or other belongings if you haven’t already completed an FMEK. You have the choice to say no if you are not comfortable doing any of these things.
Understanding your rights when approaching the police
Police aren’t always familiar with the laws regarding sex work. During the reporting process, you can have a support person, such as a friend or Respect Inc peer educator, accompany you while making a statement. If the support person is also a witness, you will be separated during the interview process to ensure that evidence is gathered accurately and not changed while in the presence of the other party. You also have the right to choose the gender of the officer taking your statement and request a translator, or ask for other modifications regarding accessibility.
While you are not obligated to disclose your sex work status to the police, their investigation may reveal this information, particularly if the assault you experienced occurred whilst doing sex work. In these cases, it may help police understand the context in which the crime occurred, and may strengthen the investigation itself.
Police have a responsibility to treat all victims with dignity, respect, and compassion. If you feel that you have been treated unfairly or discriminated against, you have the right to make a complaint. Victims of sexual assault or rape now have the right to request a review if their report to the Queensland Police Service is handled inappropriately. You can also make a complaint to the Officer In Charge of the station, Office of the Victim Rights Commissioner, or the Queensland Human Rights Commission if you experience discrimination. There are multiple avenues for making complaints, and Respect Inc can support you in this process.
The investigation process
Following the collection of a statement and the processing of evidence, police will begin to investigate. If you are concerned about your safety during the police investigation, you should talk to the police about this. You have the right to be informed of the progress of the investigation, unless doing so could negatively impact the investigation itself. Following the investigation, they will then determine whether the evidence is strong enough to arrest and charge the person.
What happens after someone is charged?
After the offender is charged by police, they may be detained or summoned to appear in court, either immediately or on a specific date. You may or may not have to appear in court yourself. The prosecutor (the person presenting your case in court) should inform you of this. Once the court process begins, you will be referred to as the ‘complainant’ or ‘witness’. The person who has harmed you will be called the ‘defendant’. It is also likely that they will have a lawyer representing them, who will be referred to as the ‘defence’. Victims generally do not require a lawyer as the prosecution (who represent Queensland Police or the state of QLD) has an obligation to uphold victims’ rights.
Victim Liaison Officers are also available to provide information to you throughout the criminal justice process. This can include information about the trial process, the prosecution of an offender, your role and rights as a victim, and referrals to support services.
If you would like to receive updates about the offender’s sentence, you can also apply to be on the Victims Register. If you are accepted, Queensland Corrective Services can then provide you (or someone you nominate) with information and updates.
Protection Orders
If you’re experiencing rape or sexual assault as part of domestic violence, you can apply to the courts for a temporary protection order, or a domestic violence order (DVO). Police can also provide a Police Protection Direction (PPD) that takes effect immediately and is enforceable for 12 months, or a Police Protection Notice (PPN), a short-term protective order issued when they attend a domestic violence incident.
Other justice-related options
Sharing information with other sex workers
If you want to let other sex workers know about the offender, please talk to us about how this can happen.
Providing information but not making a formal report
If you would like to provide information to police about what happened to you but do not want to make a report, Queensland Police provide a service called Alternative Reporting Option (ARO). This online service allows you to fill out an anonymous form describing the crime in as much detail as you are comfortable with, but be aware that the process may be triggering. The accused will not be prosecuted as a result of this process but the information may be used to identify repeat offending. A peer educator from Respect Inc can help you complete the form online.
Victim Assist
If you experience a crime that results in injury (physical or psychological) or adverse impact, including rape or sexual assault, you can apply for financial assistance through Victim Assist Queensland. This can include a recognition of crime payment and reimbursement or contribution to recovery expenses (for example, counselling). They may also be able to cover the loss of clothing surrendered during the evidence collection process. Supporting documentation is required, however, you do not have to report the crime to police to be eligible for Victim Assist Queensland. You can visit this website to make an application, or contact Respect Inc for support with this.
This post is designed to provide options if you experience a sexual assault or rape. Our other post, understanding sexual assault and rape as a sex worker, provides immediate self care information.