Your guide through the criminal justice system for domestic and sexual abuse

Deciding to report domestic and sexual abuse can be incredibly difficult. You might worry about being believed, what will happen next, you might be fearful of repercussions or no action being taken by authorities. Whatever you decide to do, help is available. You are not to blame and you do not deserve to be abused.

Domestic and sexual abuse services will not force you to report the abuse to the Police but they might encourage you to do so to help keep you self. They can support you whether you decide to report the abuse to the Police or not.

In some circumstances if there is a risk of serious harm to you or a child, services must report the abuse to safeguarding agencies and/or the Police and would support you through the process.

This page aims to provide you with the information you need to help make the decision about reporting abuse, and to help guide you through the process.

Reporting the domestic abuse and the initial police visit

The Domestic Abuse Act 2021 defines domestic abuse as physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional or other abuse.

You should report domestic abuse by calling 999 if it’s an emergency or if you are in immediate danger. A police officer will want to ensure that you and any children are protected.

The police officer will ask you what has happened and will complete a domestic abuse risk assessment. You will be asked if you would like to be referred to the Doncaster Domestic Abuse Hub for support.

If there is a risk of further violence, the police officer will do what they can to remove the risk, which could mean asking the suspect to temporarily leave the home or arresting them.

If it is not an emergency and you are not in immediate danger you can report the abuse by calling the Police on 101 or completing the online domestic abuse reporting form: Form (reportingcrime.uk)

After reporting the abuse the police officer should give you a dedicated phone number. You can use this number to call the officer directly to find out how your case is going or to talk about anything that might be worrying you.

The next stage will be for the police to take a formal statement from you about what has happened, which may be taken at your home or at the police station.

After you make your statement, the police have a duty to investigate and the suspect may be interviewed.

Once the police have completed their investigation if they feel that there is sufficient evidence that a crime has been committed, they will pass the evidence to the Crown Prosecution Service which will decide whether the suspect should be charged with a criminal offence. If the suspect is charged, they can either be released on bail to attend the magistrates’ court on a set date, or be held at the police station and taken to the next available court.

If the police or the Crown Prosecution Service do not have enough evidence to charge the suspect, no further action will be taken. This does not mean that you are not believed and support services are still available. You should continue to report any further incidents to the Police.

Civil injunctions

You can also take action against a perpetrator of domestic abuse through the Civil route.

An ‘injunction’ is a court order that makes someone act or forbids someone from acting in a certain way. An emergency injunction is an informal description for a court order made without notice/ex parte – it means the person you are applying against will not be aware of the injunction until it is served on him/her.

Here is some basic information about emergency injunctions that can be applied for in relation to domestic abuse:

Non-Molestation Order

Usually forbids an abuser from using or threatening physical violence, intimidating, harassing or pestering communication with you. If this order is breached the perpetrator can be arrested.

Occupation Order

Regulates the family home, such as suspending rights to occupy or visit, evicting an abuser from the home, preventing an abuser from returning, preventing an abuser from coming within a certain distance of the home.

Prohibited Steps Order

This forbids someone from taking your child away from your care and control. This order is particularly appropriate when the person threatening to take away your child(ren) is ordinarily allowed to have the care and control of them. There is no power of arrest attached though police may assist informally. It is also enforceable in the County Court as contempt of court. It does not necessarily prevent all contact between the child(ren) and the respondent if appropriate in the circumstances.

More information about obtaining an injunction can be found at: https://www.gov.uk/injunction-domestic-violence. Victims can also contact a local solicitor. Domestic abuse agencies can sometimes provide letters of support to enable some people to access legal aid for injunctions.

Reporting sexual abuse to the Police

South Yorkshire Police have produced a Rape and Serious Sexual Offence (RASSO) booklet which details what happens when you report sexual abuse to them. The booklet can be downloaded below.

If you want forensic evidence to be gathered but aren't sure whether you are ready to report the rape or sexual assault to the police you can contact the Sexual Assault Referral Centre (SARC). They will perform a medical examination with your consent and preserve any evidence in case you want to report it to the Police.

Support services are available to support you through experiences of sexual abuse, rape and assault. Sexual abuse - City of Doncaster Council