VIC Statute of Limitations to Charge for Sexual Assault?

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BB8

Active Member
6 September 2017
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Hi.

I am wondering if there is a time frame for Vic Police (SOCIT) to charge for an alleged sexual assault?Also, is there any way I can enquire to see if they are going to press charges or not?

Allegations were for inappropriate contact involving one person, and all evidence has already been gathered, so I can't imagine what else is being investigated.

Thanks in advance for any help :)
 

Tony Danos

Lawyer
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29 November 2016
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There is no time limit but one would imagine that once all the evidence has been gathered it is just a matter of time before the charges are authorized (or not).
 

BB8

Active Member
6 September 2017
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Thanks for the advice Tony.

I also wanted to ask, if I was going to be charged, and assuming all evidence has already been gathered, how long would it normally take? Is the 3 months I've already waited considered normal? Do I assume I'm just on the "bottom of the pile" for the time being?

And is it ok for me to contact the police to enquire on my case?
 

Tony Danos

Lawyer
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29 November 2016
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The three months is pretty normal. I don't see any issue ringing or emailing the Informant and asking. I wouldn't be discussing the case with anyone (other than lawyers).
 

Rod

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27 May 2014
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I agree, don't call the police or your case may make it's way to the top of the pile.

There is no limitation on sexual assault crimes.

While it is hard to do, just get on with your life and deal with charges when they arrive. You'll likely have enough time to get any required legal advice after being notified of the charges.
 

BB8

Active Member
6 September 2017
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The problem is that it's showing up on police checks, making it difficult to get work. Hence me wanting to enquire whether they're going to lay charges or not. I'd rather fight this to clear my name.
 

Iamthelaw

Well-Known Member
13 September 2016
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The problem is that it's showing up on police checks, making it difficult to get work. Hence me wanting to enquire whether they're going to lay charges or not. I'd rather fight this to clear my name.
If you haven't been charged or found guilty/convicted it should not be appearing on police checks.
 

Rod

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Rod

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Rod

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If you haven't been charged or found guilty/convicted it should not be appearing on police checks.

That's what I thought until I read this on the link I posted above saying:

What information is contained in a national police check?

Victoria Police releases criminal history information on the basis of findings of guilt. Therefore the national police check will include findings of guilt without conviction and findings of guilt resulting in a good behaviour bond. They will also contain details of matters currently under investigation or awaiting court hearing. They will not contain information about spent convictions[1]. Note that, unlike other states and territories, Victoria does not have a spent convictions scheme.​