What does a complainant in a sexual offence case go through when giving evidence?

If you reported a sexual offence and the case has gone to trial, you will probably be called to give evidence. Knowing what to expect can make the process less frightening. This article explains the process neutrally and accurately. It is not advice on what to say: your evidence must simply be your own truthful account. If you are the accused person, see our article on being falsely accused of a sexual offence.

If you are in immediate danger, call 999. Talian Kasih 15999 provides support, and Ministry of Health hospital Emergency and Trauma Departments have a One Stop Crisis Centre (OSCC) for survivors of sexual violence; under MOH policy, adult survivors can be treated there even before making a police report.

What is the complainant's role at trial?

In a criminal case, the prosecution is brought by the Public Prosecutor, not by the complainant. The complainant is a prosecution witness. A deputy public prosecutor (DPP) conducts the case and will usually meet you before trial to explain the process.

The DPP does not act as your personal lawyer, but they can tell you about practical arrangements, such as where to wait and whether protective measures will be requested.

How is evidence given?

Evidence follows the order set out in the Evidence Act 1950:

1. Examination-in-chief. The DPP asks you open questions about what happened. In criminal trials this is usually done orally.
2. Cross-examination. The accused's lawyer asks questions to test your evidence. This is often the hardest part.
3. Re-examination. The DPP may ask further questions to clarify points raised in cross-examination.

You can ask for a question to be repeated, say if you do not understand, and ask for a short break if you need one. The judge controls the proceedings.

What protections are available?

Several protections may apply, depending on the case:

• Hearing in private. Courts have power to hear proceedings, or part of them, in camera where justice or propriety requires it, for example under section 15 of the Courts of Judicature Act 1964 for the High Court.
• Protected witness measures. The Criminal Procedure Code (section 265A) allows the court, in some circumstances, to let a witness give evidence without being seen by the public and with records that could reveal their identity sealed.
• Limits on sexual history questions. In rape trials, section 146A of the Evidence Act restricts the defence from adducing evidence or asking questions about the complainant's sexual activity with anyone other than the accused, except in narrow situations set out in the section.
• Improper questions. The judge can disallow questions that are indecent, scandalous or intended to insult or annoy.
• Child complainants. Children have additional protections, such as screens and live links. See our article on how courts protect child witnesses.

Ask the DPP early which measures may be requested in your case.

Have a question about your own situation? Ask on WhatsApp

What is cross-examination like?

The defence has a right to test the evidence, because the accused is presumed innocent and the prosecution must prove its case beyond reasonable doubt. Cross-examination may cover:

• the sequence of events, times and places;
• what you said in your police report and statement, and any differences;
• your relationship and communications with the accused;
• the medical examination and other evidence.

It is normal to find this distressing. Listen to each question, take your time, and answer truthfully. If you do not remember, say so. If a question is unclear, ask for it to be rephrased. You do not need to agree with a suggestion that is not true.

How is medical and other evidence used?

Medical evidence from the examination after the incident, often at an OSCC or hospital, may be given by the examining doctor, and forensic evidence by a chemist. Messages, CCTV and other witnesses may also be relevant. You only speak to what you personally experienced and know.

What should I prepare?

• Ask the DPP or investigating officer for the trial date and court, and whether you can see your police statement to refresh your memory.
• Think about who can accompany you to court for support (they may not be allowed in the courtroom if the hearing is in private).
• Plan transport and time off, and arrange childcare if needed.
• Contact support services early if you need counselling.

Refreshing your memory is not rehearsing. Nobody should tell you what to say, and you should not discuss your evidence with other witnesses.

Common worries

• "I can't remember every detail." That is common. Say honestly what you remember and what you don't.
• "My earlier statement isn't perfect." If there are differences, explain truthfully why.
• "I'm afraid of seeing the accused." Tell the DPP before the trial so that protective measures can be considered.
• "Will my name be published?" Raise this with the DPP. Courts and the law provide some protections, and the media are subject to restrictions in certain cases.

When to speak to a lawyer

The DPP represents the Public Prosecutor, not you personally. If you want independent advice, for example about a civil claim, protection orders or your privacy, speak to a lawyer. Chris & Partners, led by Dr Chee Hui Bing, handles litigation involving survivors of harm. Contact us; every case depends on its facts.

Frequently asked questions

Can I refuse to give evidence?

A witness who is summoned is generally required to attend. If you have serious concerns, tell the DPP or investigating officer so they can be addressed.

Can I give evidence without seeing the accused?

The court may allow protective measures in some cases. Ask the DPP before the trial.

Can a family member sit with me?

It depends on the court's directions, especially if the hearing is in private. Ask the DPP.

Will I be asked about my past relationships?

In rape trials, section 146A restricts questions about sexual activity with persons other than the accused, subject to narrow exceptions. The judge decides whether a question is allowed.

Is the trial outcome up to me?

No. The court decides on all the evidence. Your role is to give truthful evidence.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
2. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
3. Courts of Judicature Act 1964 (Act 91), AGC Laws of Malaysia
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
5. Ministry of Health, One Stop Crisis Center (OSCC): Policy and Guidelines for Hospitals (2015)
6. Government of Malaysia portal, Talian Kasih 15999 (KPWKM / JKM)
7. Legal Aid Department (Jabatan Bantuan Guaman), Prime Minister's Department

Fact-checked on 17 Oct 2026