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If you choose to save digital evidence after sexual assault, put your safety first: use a device and storage location the other person cannot access, preserve relevant messages and account details with their context, and avoid copying intimate images if anyone shown may be under 18. You do not have to create a perfect record, report to police, or hand over your whole phone in order to seek support. What police can request and how they handle information depends on where you live.
Start with safety, not evidence collection
Collect information only if doing so is safe for you. The Australian eSafety Commissioner advises using a safe device, such as a trusted person’s device, if someone may be able to access or monitor your own. If you suspect spyware, taking a screenshot on the monitored device may expose what you are doing; eSafety says a photo of the screen taken with a safe device may be safer.
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Do not investigate suspected monitoring or make conspicuous changes to a device without a safety plan. If collecting anything could increase danger, stop and contact a local sexual-violence or technology-abuse support service using a safe device, if available. You can also ask a trusted person to help preserve material. You do not need to have a complete record to ask for help.
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Relevant material can include communications or records that help show what happened, who was involved, and when. Depending on the situation, that may include:
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- Text messages, messages in apps, emails, and relevant social-media posts.
- Call logs and voicemails.
- Account or profile names, usernames, account IDs, and profile or post URLs.
- Images or videos, only where it is safe and lawful to preserve them and no age-related caution below applies.
- Details of relevant CCTV or other surveillance footage; do not assume you can obtain or retain it yourself.
For each item, preserve enough identifying and surrounding information to make it understandable later. The Queensland Police Service and the Australian eSafety Commissioner recommend keeping details such as the service or platform, account identifiers, dates and times, URLs where available, and enough of a conversation to show context. A short incident timeline can help you explain information that would not be obvious to someone else, but making one is optional.
A practical capture checklist
- Note the service or app and the visible account name, username, or ID.
- Capture the relevant content together with the date or time shown and enough nearby messages or context to make its meaning clear.
- Record the post, profile, or source URL if it is visible, without relying on the URL as your only copy.
- Keep the original saved material unchanged where practical. Avoid cropping, highlighting, or editing the original; if you need to explain something, make a separate note.
- Write down any context that is not visible in the saved item, such as why a message matters or how you recognize an account.
Preserve material that may disappear
If it is safe, save time-sensitive material promptly. A URL can stop working when content is deleted, so keep a safe copy of relevant visible content and identifying details where appropriate. Some voicemail services retain messages for only weeks or months; if a voicemail may matter, consider preserving it soon. Some apps notify another person when a screenshot or download is made. If that could create risk, do not use that capture method; consider whether a safe second device can photograph the screen instead.
Store saved copies where the other person cannot reach them
A saved copy can create a new privacy risk if it syncs to a shared account, appears on a shared device, or is stored somewhere the other person can access. Before saving, consider who can see the device, account, folder, backups, or notifications involved. The Australian eSafety Commissioner recommends secure encrypted cloud storage or a hard drive hidden from the abusive person, but neither is appropriate if that account or device is accessible to them.
- Avoid shared devices, shared accounts, and folders the other person can access.
- Do not turn on a new backup or sync setting by default; it may copy material to an account someone else can see.
- Use encrypted storage only if you can keep it secure. A physical drive is optional and could create risk if it is found or accessed.
- Do not buy equipment or software as a prerequisite to seeking support or reporting.
Take extra care with intimate images
Do not create, save, record, or forward an intimate image if you are unsure whether everyone shown is 18 or older. Police.uk warns against screenshots, recordings, or sharing where age is uncertain; the Australian eSafety Commissioner says not to save sexual images or videos of anyone under 18.
Where possible, preserve related messages, sender details, account names, and dates without copying the image. Ask local police or a specialist support service how to handle the material in your jurisdiction. The rules and safe handling options can differ by location and by the ages of people depicted.
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Do you have to give police your phone?
There is no single answer that applies everywhere. The following official guidance is specific to the named jurisdictions and is not a guarantee of what will happen in an individual case.
| Jurisdiction and source | What the guidance says | What you can ask |
|---|---|---|
| England and Wales — Ministry of Justice, victim guide updated 16 August 2023 | Police should request a device only if they believe it contains relevant information and there are no other ways to obtain it. The guide also says a person can report even if they believe they have no evidence. | Ask what relevant information is believed to be on the device, why it is needed, and whether another source or a narrower approach could work. |
| Queensland, Australia — Queensland Police Service | Police may ask permission to download information such as messages or call logs. The service says consent is a choice: you can say yes or no. | Ask what information would be downloaded, the relevant date range, and what happens if you do not consent or want to limit the request. |
| United States — Department of Justice Office on Violence Against Women framework | The framework discusses victim cellphone privacy and limited consent with specified parameters. It is a framework for prosecutors, not individual legal advice. | Ask what data is sought, why it is relevant, who may access it, whether consent can be limited, and how information outside the agreed scope will be handled. |
Before agreeing to a device download or other access, you can ask about the purpose, information sought, date range, narrower alternatives, access, and retention. If you are unsure, seek local victim advocacy or legal advice before deciding, where that is practical. These examples do not establish the rules in other places; local law and police practice vary.
If someone monitors your phone or accounts
Use a safe device to seek help or preserve information if you can. A trusted person’s device may be safer than your own, but consider whether the person who may be monitoring you can also access that person’s accounts or devices. Avoid making visible changes or installing tools to inspect or alter the device unless you have a safety plan and specialist guidance. The goal is not to perform a forensic extraction; it is to avoid increasing risk while keeping useful information, if safe.
Support and reporting do not depend on a perfect evidence file
Evidence collection is optional. In England and Wales, the Ministry of Justice guide says a person can report even if they think they have no evidence. That statement is specific to its guide and jurisdiction; reporting processes elsewhere differ. A local sexual-violence support service can help you understand options for care, reporting, and safe handling of digital material without requiring you to make every decision at once.
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