VIC Statute of Limitations to Charge for Sexual Assault?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

BB8

Active Member
6 September 2017
8
0
31
If you haven't been charged or found guilty/convicted it should not be appearing on police checks.
Thanks Rod for the info. Unfortunately the Police Check is showing that a matter of "sexual assault" is currently under investigation. This is why I was hoping to expedite everything and find out what the police is doing. If they are going to charge, then I'd rather it sooner and fight it. If they aren't, I want the investigation to be completed and taken off my Police Check so that I can have a clean record when I present for interviews etc
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
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.​

Thanks Rod for the info. Unfortunately the Police Check is showing that a matter of "sexual assault" is currently under investigation. This is why I was hoping to expedite everything and find out what the police is doing. If they are going to charge, then I'd rather it sooner and fight it. If they aren't, I want the investigation to be completed and taken off my Police Check so that I can have a clean record when I present for interviews etc

Interesting. I have to admit this is the first time I've heard of this ever occurring (outside of actual pending charges).
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
The problem is that contacting the police will not make a difference to whether you are charged or not. I say "bring it on" so you can put it behind you asap.
 
  • Like
Reactions: BB8 and Iamthelaw

BB8

Active Member
6 September 2017
8
0
31
Sorry for the late reply. I just wanted to say thank you all for your answers. More than 4 months now and still no charge.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Put the police check on your resume so you don't have to waste your time not getting work and enjoy being on unemployment. Then when the employment agency questions it, tell them to go talk to the police! Suggest that if the police do not have enough staff to do their job, your available!!!
 

King-maker

Member
29 June 2018
4
0
1
I am in same boat now. Girl accused me of false sexual assault. I went to police station myself to report everything what happened within 30 mins of incident. Police arrested me and took my interview recorded on audio tape and released me.

Now it’s more than 1 year and there is no news about outcome of investigation.

Now I am going for new job and employer requested for police check. After reading that Victoria police shows ongoing investigation in the “police check” ; I am not sure what to expect now. If my police report shows “ongoing investigation for xxx case” ; I don’t think I have any chance for the job.

What I am supposed to do now? Do I need to call vic police and ask them if investigation is over or still going on? If investigation is over; do vic police inform you of outcome?
 

BB8

Active Member
6 September 2017
8
0
31
I am in same boat now. Girl accused me of false sexual assault. I went to police station myself to report everything what happened within 30 mins of incident. Police arrested me and took my interview recorded on audio tape and released me.

Now it’s more than 1 year and there is no news about outcome of investigation.

Now I am going for new job and employer requested for police check. After reading that Victoria police shows ongoing investigation in the “police check” ; I am not sure what to expect now. If my police report shows “ongoing investigation for xxx case” ; I don’t think I have any chance for the job.

What I am supposed to do now? Do I need to call vic police and ask them if investigation is over or still going on? If investigation is over; do vic police inform you of outcome?

It’s unfortunate that you are a year down the track with no news on whether they’ll charge you or not. For me, I ended up getting charged and now awaiting a trial. I’m now certain that it took them 6 months to charge me due to the sheer amount of cases they go through. In restrospect, I would’ve got my lawyer to just keep bugging the police to see how their investigation is progressing.

So go ahead man, find yourself a lawyer and get them to contact the police.
 

King-maker

Member
29 June 2018
4
0
1
It’s unfortunate that you are a year down the track with no news on whether they’ll charge you or not. For me, I ended up getting charged and now awaiting a trial. I’m now certain that it took them 6 months to charge me due to the sheer amount of cases they go through. In restrospect, I would’ve got my lawyer to just keep bugging the police to see how their investigation is progressing.

So go ahead man, find yourself a lawyer and get them to contact the police.

Sorry to hear this you got charged. I wish you come out innocent.

In my case ; it’s been 13 months now I am waiting outcome of investigation from vic police. I never thought it’s serious until I needed to find new job.

Now I am out of work and without any hope of getting work because of false accusation and police investigation still going on after 13 months.

I even don’t have money to have a lawyer. You think talking to free community lawyer is good option?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
No harm in asking at a community legal centre.

re: Job seeking. Use it to your advantage by saying you self reported, co-operated and still not been charged.