The police will generally allow a victim to be interviewed by a police officer of their own gender if asked. During the proceedings, the victim has the right to be accompanied by a friend, family member or counsellor. If the victim does not wish the case to go to court, the rape can be informally reported for police information. Once a formal report is made, it is up to the police whether the matter is pursued or dropped.

If someone is charged with rape and decides to defend the charge, a date will be set for the committal proceedings, usually a matter of some months after the offence. The committal involves the giving of all of the prosecution evidence in the Magistrates Court before a magistrate who decides whether there is sufficient evidence for the case to go to trial before a judge and jury.

The alleged victim is almost never required to appear in person at any committal on a sexual offence charge. The usual procedure is that they will only be required to give their evidence once, at trial. The defence is provided with a copy of the alleged victim's statement before the committal. An accused person will only be able to question (cross-examine) a witness for the prosecution if it can be shown that special reasons exist. Thus it is normal for an alleged victim to have their account of events tested only once, at trial.

If the magistrate decides that there is enough evidence, the defendant will be committed for trial at the next available sitting of the District or Supreme Court.

The trial usually takes place approximately 6 months after the committal but this may vary considerably. Given the concerns over delays in the legal process and the adverse affect of this on child victims, the law now states that trials of child sex offences are to be given priority over less urgent criminal matters.

Protecting vulnerable witnesses

Under section 13A of the Evidence Act 1929 (SA), special arrangements may be made to protect vulnerable witness giving evidence in criminal proceedings. See Evidence of vulnerable witnesses.

An unrepresented accused may not cross-examine an alleged victim themselves [Evidence Act 1929 (SA) s 13B]. They can apply to have legal assistance for the purposes of cross-examination.

Improper questioning by the lawyer of the accused is prohibited [Evidence Act 1929 (SA) s 25]. This includes questions put in a humiliating, insulting or otherwise inappropriate manner, unnecessarily repetitive or oppressive questioning, and questions apparently based on stereotypes such as sexual, racial or cultural stereotypes or stereotypes based on age or disability.