Home > Legal Aspects of Sexual Assault
LEGAL ASPECTS OF SEXUAL ASSAULT
First Steps to Get Help:
- Call the Sexual Assault Center 24 hr Crisis Line: 244-2224
- Go to the hospital
(City Hospital: from 9 AM to 7 PM; RUH: from 7 PM to 9 AM). Once at the hospital, a Sexual Assault Response Team doctor will collect evidence (vis Forensic Exam Kit) and treat you for any injuries, infections, and other problems that are evident from the sexual assault.
Do not change or throw out your clothes. Do not clean yourself. Do not take any medicine, drugs or alcohol to calm you.
- Provide a statement to the police. Police may request a video interview of recent assault survivor after the initial statement is taken. SSAIC worker/volunteer can accompany the survivor into the video room and be the support person.
Whether or not you call the police, you have the right to a complete medical care at the hospital
Legal Aspects:
- SSAIC worker can accompany a survivor to court as support.
- When a sexual assault survivor goes to court she/he will be a witness for the prosecution; because sexual assault is a crime against the state, the Crown Prosecutor is a lawyer who represents the state. Therefore, a survivor does not need a lawyer.
- The sexual history of a survivor is not allowed in court unless the judge agrees.
- If the offender was drunk when the assault occurred, he cannot use that as a defense.
- If the survivor was intoxicated during the time of the assault, that cannot be used against the survivor as she/he were not able to give consent.
- The way the survivor was dressed cannot be used against her/him in court.
- The offender?s previous sexual history can be used against hem/her in court.
- The forensic evidence only proves sex took place. It also may help to identify the accused, provide evidence of the amount of force used during the assault and determine the time of the assault.
- A third party report is written when the survivor would like to report who the offender is but is afraid give her/his (survivor?s) name. The survivor writes up the assault, offender?s name, location, date and time of the assault then, bring it in for a SSAIC staff member to review and drop it off at the Police station.
- SSAIC, Police, Victims Services and other agencies are able to provide information on support services to survivors such as Victim Compensation Fund, individual counselling, support groups and educational resources, among others.
The completion of a sexual assault investigation and trial may last up to two years.
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police procedures
It is the decision of the survivor, if she/he is 16 years of age or older, whether or not the police should be contacted. However, if a survivor is under the age of 16 years, it is required by law that the Police or Social Services be contacted.
Once a statement has been given to the police, and because sexual assault is a criminal offence, the police are allowed to lay charges regardless of the wishes or age of the survivor. The survivor would then be subpoenaed as a witness for the crown.
If a child is in need of protection at that moment, contact the Police Department and/or Crisis Intervention. |
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