Last updated 2 February 2026
If the complainant decides to make a formal complaint to police, they will be asked to make a detailed statement about the alleged assault. The statement will later be provided to the defendant as part of the process of prosecution disclosure. If the matter proceeds to trial, the defendant is entitled to cross-examine the complainant about the contents of their statement.
The complainant may have different forms of support such as a support person, a partition when giving evidence, the possibility to give evidence from another room or to join the court via a television screen in real time, or to have their evidence pre-recorded subject to an application under s 21A of the Evidence Act 1977 (Qld) to the court.
It is the complainant’s choice whether to proceed with a formal complaint or not. A complainant may report an alleged sexual offence and then decide that they do not wish to continue with it. While the decision to prosecute any offence (i.e. to proceed to take the matter to court) is always ultimately up to police and the Crown, it is most unlikely that a complaint would be proceeded with in circumstances where the complainant has indicated they do not wish to take the matter further, and the prosecution is satisfied the complainant is making the decision of their own free will and there is no pressure from another party. If a person wishes to withdraw a sexual complaint made to police, they should speak to a solicitor first and get advice about the possible consequences arising from that.
