Victims of Sexual Assault (4:V) - Revision history

LSLAP at 18:57, 13 October 2025

2025-10-13T18:57:40Z

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LSLAP: /* B. Legal Representation for Sexual Assault Victims */

2025-09-27T17:46:59Z

B. Legal Representation for Sexual Assault Victims

← Older revision		Revision as of 17:46, 27 September 2025
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	The defence can apply to have the court compel a third party to produce records if they are “likely relevant.” Examples of third-party records are: notes taken by a counsellor, therapist, psychologist, or doctor; hospital records; records from child welfare or social services agencies; records from an employer or school; or the complainant’s personal journals. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the records. In cases where the accused already has possession of the record, the complainant’s lawyer can make submissions about why it the record should not be used as part of the trial.		The defence can apply to have the court compel a third party to produce records if they are “likely relevant.” Examples of third-party records are: notes taken by a counsellor, therapist, psychologist, or doctor; hospital records; records from child welfare or social services agencies; records from an employer or school; or the complainant’s personal journals. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the records. In cases where the accused already has possession of the record, the complainant’s lawyer can make submissions about why it the record should not be used as part of the trial.

	In sexual offence trials, evidence about the complainant’s other sexual activity is presumptively inadmissible. Canadian courts recognize that evidence of a complainant’s sexual past has historically been misused to conclude that the complainant was more likely to have consented to the subject matter of the accused’s charges or that the victim is a less credible witness; these are called the “Twin Myths”. The ''Criminal Code'' now explicitly states that evidence of the complainant’s prior sexual acts is never admissible for the purpose of “Twin Myth” reasoning (Criminal Code, s.276)		In sexual offence trials, evidence about the complainant’s other sexual activity is presumptively inadmissible. Canadian courts recognize that evidence of a complainant’s sexual past has historically been misused to conclude that the complainant was more likely to have consented to the subject matter of the accused’s charges or that the victim is a less credible witness; these are called the “Twin Myths”. The ''Criminal Code'' now explicitly states that evidence of the complainant’s prior sexual acts is never admissible for the purpose of “Twin Myth” reasoning (''Criminal Code'', s.276)

	The accused is not allowed to ask questions or lead evidence about the victim’s other sexual activity without an application to the court where the defence must show there is some valid legal reason to bring that evidence (e.g., that the complainant lied about the nature of the relationship with the accused, or that DNA evidence could have been deposited on a prior occasion). The test for such an application is set out at section 276(2) of the ''Criminal Code''. The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused’s application are under a publication ban (''Criminal Code'', s 278.95).		The accused is not allowed to ask questions or lead evidence about the victim’s other sexual activity without an application to the court where the defence must show there is some valid legal reason to bring that evidence (e.g., that the complainant lied about the nature of the relationship with the accused, or that DNA evidence could have been deposited on a prior occasion). The test for such an application is set out at section 276(2) of the ''Criminal Code''. The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused’s application are under a publication ban (''Criminal Code'', s 278.95).

	In all cases where the defence brings any of the applications set out above, Legal Aid will provide the complainant with a lawyer free of charge. It is part of the prosecutor’s job to inform Legal Aid when they receive such an application from the defence. The complainant is also free to hire and pay their own lawyer rather than go through Legal Aid.		In all cases where the defence brings any of the applications set out above, Legal Aid will provide the complainant with a lawyer free of charge. It is part of the prosecutor’s job to inform Legal Aid when they receive such an application from the defence. The complainant is also free to hire and pay their own lawyer rather than go through Legal Aid.

	== C. Help for Victims of Sexual Assault ==		== C. Help for Victims of Sexual Assault ==

LSLAP at 21:27, 17 September 2025

2025-09-17T21:27:07Z

← Older revision		Revision as of 21:27, 17 September 2025
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	== A. What is Sexual Assault? ==		== A. What is Sexual Assault? ==

	Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, ~~in a~~ public ~~place~~ or at home. Sexual assault can occur between strangers or those who know each other well, including ~~those who are married~~. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.		Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, work, public places, or at home. Sexual assault can occur between strangers or those who know each other well, including spouses. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances, or people in positions of trust or authority over the victim.

	~~'''~~If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the Criminal Code definition of sexual assault: ~~'''~~		If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the ''Criminal Code'' definition of sexual assault:
	*They have been physically touched in a sexual manner by another person which was not wanted
	*Their words or actions indicated that they did not want to have or continue sexual contact, but the sexual contact continued
	*They submitted to sexual contact because someone threatened or used force against them
	*They were not able to give consent to sexual contact (for example, they were drugged, impaired, or have a disability)
	*someone persuaded them to have sexual contact by using their position of authority or power over you

	~~'''Legal age of~~ consent~~'''~~		*They have been physically touched in a sexual manner by another person without consent,
	~~The legal age of consent~~ to sexual ~~activity is 16. However~~, ~~there are “close in age” exceptions for youth as young as 12 years old. A 12~~ or ~~13-year-old may consent~~ to sexual ~~activity with a partner who is less than '''two years''' older than~~ them ~~given that there is no relationship of trust~~, ~~authority~~, ~~dependency~~, ~~or other exploitation. Similarly~~, ~~a 14~~ or ~~15-year-old may~~ consent to sexual ~~activity with a partner who is less than '''five years''' older than them if there is no relationship~~ of ~~trust,~~ authority~~, dependency,~~ or ~~other exploitation~~. ~~Then, the following table can be tabulated:~~		*Their words or actions indicated they did not want to have or continue sexual contact, but the sexual contact was made or continued,
			*They submitted to sexual contact because someone used force or threatened to use force against them,
			*They were not able to give consent to sexual contact (e.g., they were drugged, impaired, or are under the legal age of consent),
			*Someone persuaded them to have sexual contact by using their position of authority or power.

	'''Legal Age of Consent'''		'''Legal Age of Consent'''
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	~~When a child is at risk or is being sexually assaulted, it is your legal duty to report the crime.~~

	== B. Legal Representation for Sexual Assault Victims ==		== B. Legal Representation for Sexual Assault Victims ==

	Criminal Code s. 278.~~4(2.1)~~ allows for a sexual assault ~~victim~~ to have their own legal counsel~~, where~~ the accused ~~is attempting to~~ get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal ~~representation~~.		Criminal Code s. 278.94 allows for the complainant in a sexual assault trial to have their own legal counsel for the limited purpose of making legal submissions on whether the accused can get access to third-party records, admit third-party records as evidence during the trial, or call evidence of the complainant’s prior sexual history. This is an exception to the general rule that victims of crime are not entitled to make their own legal arguments during the accused’s criminal trial.

	The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services ~~agency,~~ records from an employer or school~~, and victim’s~~ personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the record~~. Getting legal counsel can be a challenge~~, ~~especially when~~ the ~~victim cannot afford to pay for one themselves. Legal aid or victim services programs~~ can be ~~helpful when looking for legal representation~~.		The defence can apply to have the court compel a third party to produce records if they are “likely relevant.” Examples of third-party records are: notes taken by a counsellor, therapist, psychologist, or doctor; hospital records; records from child welfare or social services agencies; records from an employer or school; or the complainant’s personal journals. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the records. In cases where the accused already has possession of the record, the complainant’s lawyer can make submissions about why it the record should not be used as part of the trial.

	~~For~~ sexual ~~offences~~, evidence about the ~~victim’s~~ other sexual activity is presumptively inadmissible ~~towards finding~~ that the ~~victim is~~ likely to have consented to the subject matter of the accused’s charges or that the victim is a less credible witness (''Criminal Code'', s 276)~~; the~~ accused is not allowed to ask questions or lead evidence about the victim’s other sexual activity without an application to the court (~~''Criminal Code'', s 278~~.~~92–278~~.~~96). If~~ the ~~judge grants~~ the ~~accused’s application to include such~~ evidence~~, the court will convene~~ a ~~hearing to decide whether~~ such ~~evidence~~ is ~~admissible according to the requirements~~ set out in section ~~278.92~~ (2) ~~and (3)~~. The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused’s application are under a publication ban (''Criminal Code'', s 278.95).		In sexual offence trials, evidence about the complainant’s other sexual activity is presumptively inadmissible. Canadian courts recognize that evidence of a complainant’s sexual past has historically been misused to conclude that the complainant was more likely to have consented to the subject matter of the accused’s charges or that the victim is a less credible witness; these are called the “Twin Myths”. The ''Criminal Code'' now explicitly states that evidence of the complainant’s prior sexual acts is never admissible for the purpose of “Twin Myth” reasoning (Criminal Code, s.276)

			The accused is not allowed to ask questions or lead evidence about the victim’s other sexual activity without an application to the court where the defence must show there is some valid legal reason to bring that evidence (e.g., that the complainant lied about the nature of the relationship with the accused, or that DNA evidence could have been deposited on a prior occasion). The test for such an application is set out at section 276(2) of the ''Criminal Code''. The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused’s application are under a publication ban (''Criminal Code'', s 278.95).

			In all cases where the defence brings any of the applications set out above, Legal Aid will provide the complainant with a lawyer free of charge. It is part of the prosecutor’s job to inform Legal Aid when they receive such an application from the defence. The complainant is also free to hire and pay their own lawyer rather than go through Legal Aid.

	== C. Help for Victims of Sexual Assault ==		== C. Help for Victims of Sexual Assault ==
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	If a person does not want to speak to police, there are other resources available. VictimLink BC is available at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811.		If a person does not want to speak to police, there are other resources available. VictimLink BC is available at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811.

	If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. ~~See also: [~~https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse ~~Reporting Child Abuse in BC – gov.bc.ca]~~		If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. More info at https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse.

	Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury. Further information on sexual assault and the steps to take is available at [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.~~pdf Help starts here - Sexual Assault]~~

	~~== D~~. ~~Help for Students~~, ~~Faculty~~ and ~~Staff~~ of ~~Post~~-~~Secondary Institutions ==~~		Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury. Further information on sexual assault and the steps to take is available at https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf.

	~~The ''Sexual Violence and Misconduct Policy Act'' requires all public post-secondary institutions in B~~.~~C. to have a sexual violence and misconduct policy. As such~~, ~~each public college~~ and university in British Columbia will have their own sexual assault resources and information on where to access help. Resources pertaining to each post-secondary institution can be found at [https://www2.gov.bc.ca/gov/content/safe-campuses-~~bc Safe Campuses BC]~~		== D. Help for Students, Faculty, and Staff of Post-Secondary Institutions

			The ''Sexual Violence and Misconduct Policy Act'' requires all public post-secondary institutions in B.C. to have a sexual violence and misconduct policy. Resources pertaining to each post-secondary institution can be found at https://www2.gov.bc.ca/gov/content/safe-campuses-bc.

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LSLAP at 01:31, 26 August 2024

2024-08-26T01:31:47Z

LSLAP at 22:03, 3 August 2023

2023-08-03T22:03:27Z

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	{{LSLAP Manual TOC\|expanded = victims}}		{{LSLAP Manual TOC\|expanded = victims}}

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	Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.		Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.

	'''If ~~you have~~ been in any of the following situations, ~~you~~ may have been a victim of sexual assault:'''		'''If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the Criminal Code definition of sexual assault: '''
	*~~you~~ have been physically touched in a sexual manner by another person which was not wanted		*They have been physically touched in a sexual manner by another person which was not wanted
	*~~your~~ words or actions indicated that ~~you~~ did not want to have or continue sexual contact, but the sexual contact continued		*Their words or actions indicated that they did not want to have or continue sexual contact, but the sexual contact continued
	*~~you~~ submitted to sexual contact because someone threatened or used force ~~on you~~		*They submitted to sexual contact because someone threatened or used force against them
	*~~you~~ were not able to give consent to sexual contact (for example, ~~you~~ were drugged, impaired, or have a disability)		*They were not able to give consent to sexual contact (for example, they were drugged, impaired, or have a disability)
	*someone persuaded ~~you~~ to have sexual contact by using their position of authority or power over you		*someone persuaded them to have sexual contact by using their position of authority or power over you

	'''Legal age of consent'''		'''Legal age of consent'''
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	== B. Legal Representation for Sexual Assault Victims ==		== B. Legal Representation for Sexual Assault Victims ==

	Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting ~~council~~ can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.		Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting counsel can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.

	== C. Help for Victims of Sexual Assault ==		== C. Help for Victims of Sexual Assault ==

	If ~~you believe you~~ or someone ~~you know may have been~~ the victim of a sexual assault ~~once you~~ are in a safe place~~, you should~~ call the police. If ~~you~~ need emergency medical attention ~~or you are in immediate danger~~, call 911.		If a person is, or suspects someone else is, the victim of a sexual assault, they should ensure they are in a safe place and then call the police. If they are in immediate danger or need emergency medical attention, it is important to call 911 immediately.

	If ~~you do~~ not want to ~~call the~~ police there are other ~~people you can talk to such as~~ VictimLink BC available at 1-800-563-0808~~, or Healthlink BC available at 811. The Surrey Women’s centre has a mobile assault response team that provides services over the phone~~ and ~~in-person~~ to ~~anyone who has experienced a physical or sexual assault~~. ~~They~~ are available ~~24-hours a day, 7 days a week, 365 days a year. '''You do not have to go to the hospital or make a police report to use their services.''' The Surrey Women’s centre~~ can be reached ~~at 604-583-1295~~. ~~More~~ information is available [https://~~surreywomenscentre~~.ca/services ~~here]. Similarly, consult Battered Women’s Support Services [https:~~/~~/www.bwss.org here] or at 1-855-687-1868. '''WAVAW''' provides support services to survivors of sexualized violence who have shared experiences of gender marginalization: cis and trans women, Two~~-~~Spirit, trans and~~/~~or non~~-binary people. They advocate for social and systemic change through education, outreach and activism. WAVAW can be reached at 604-255-6344 and 1-877-392-7583 outside the lower mainland. More information on WAVAW is available [https://www.wavaw.ca~~/contact/ here~~].		If a person does not want to speak to police, there are other resources available. VictimLink BC is available at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811. Further resources and information regarding sexual assault is available at [https://www.victimsinfo.ca/en/services/specific-crimes/sexual-assault VictimsInfo.ca]

	~~If the sexual assault involves a child, you should call the Ministry of Children and Family Development’s 24-hour emergency abuse line at 1-800-663-9122.~~

	~~Even if you do not think that you need immediate medical attention, you should go to the hospital.~~ If ~~you have been assaulted within~~ the ~~last 7 days~~, ~~there is a special team~~ of ~~nurses~~ and/~~or doctors at the hospital who can help you~~. ~~You may need medical attention, even if you do not have visible signs of injury~~.		If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. See also: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Reporting Child Abuse in BC – gov.bc.ca]

	~~Further information on sexual assault and the steps to take~~ if ~~you~~ need ~~help~~ is ~~available [https:~~/~~/www2~~.~~gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/~~if~~-victim/publications/hsh-english-sexual-assault.pdf here]~~.		Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury.

	~~== D~~. Help ~~for Students, Faculty and Staff at the University of British Columbia ==~~		Further information on sexual assault and the steps to take is available at [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf Help starts here - Sexual Assault]

	~~The Sexual Violence Prevention and Response Office (SVPRO) is available to help all UBC students, faculty and staff~~. ~~The SVPRO states they “are a safe place~~ for ~~students~~, ~~faculty, staff who have experienced sexual violence, regardless~~ of where or when it took place. This includes any attempt or act of a sexual nature without your consent. All gender identities, expressions and sexualities are welcome.” '''You do not need to make a police report or go to the hospital to get help from SVPRO.'''		== D. Help for Students, Faculty and Staff of Post-Secondary Institutions ==

	~~Further~~ information ~~is available~~ [https://~~svpro~~.~~ubc~~.ca ~~here] or by calling 604~~-~~822~~-~~1588.~~		The ''Sexual Violence and Misconduct Policy Act'' requires all public post-secondary institutions in B.C. to have a sexual violence and misconduct policy. As such, each public college and university in British Columbia will have their own sexual assault resources and information on where to access help. Resources pertaining to each post-secondary institution can be found at [https://www2.gov.bc.ca/gov/content/safe-campuses-bc Safe Campuses BC]


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Clicklaw Editor at 22:35, 6 December 2022

2022-12-06T22:35:27Z

← Older revision		Revision as of 22:35, 6 December 2022
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	When a child is at risk or is being sexually assaulted, it is your legal duty to report the crime.		When a child is at risk or is being sexually assaulted, it is your legal duty to report the crime.


	== B. Legal Representation for Sexual Assault Victims ==		== B. Legal Representation for Sexual Assault Victims ==

	Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting council can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.		Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting council can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.


	== C. Help for Victims of Sexual Assault ==		== C. Help for Victims of Sexual Assault ==
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	Further information on sexual assault and the steps to take if you need help is available [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf here].		Further information on sexual assault and the steps to take if you need help is available [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf here].


	== D. Help for Students, Faculty and Staff at the University of British Columbia ==		== D. Help for Students, Faculty and Staff at the University of British Columbia ==

Clicklaw Editor at 21:38, 6 December 2022

2022-12-06T21:38:02Z

← Older revision		Revision as of 21:38, 6 December 2022
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	{{LSLAP Manual TOC\|expanded = victims}}		{{LSLAP Manual TOC\|expanded = victims}}

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	Further information is available [https://svpro.ubc.ca here] or by calling 604-822-1588.		Further information is available [https://svpro.ubc.ca here] or by calling 604-822-1588.


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LSLAP at 19:26, 15 August 2022

2022-08-15T19:26:16Z

← Older revision		Revision as of 19:26, 15 August 2022
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Clicklaw Editor at 00:43, 12 August 2022

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← Older revision		Revision as of 00:43, 12 August 2022
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	Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting council can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.		Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting council can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.

	== B. Help for Victims of Sexual Assault ==
			== C. Help for Victims of Sexual Assault ==

	If you believe you or someone you know may have been the victim of a sexual assault once you are in a safe place, you should call the police. If you need emergency medical attention or you are in immediate danger, call 911.		If you believe you or someone you know may have been the victim of a sexual assault once you are in a safe place, you should call the police. If you need emergency medical attention or you are in immediate danger, call 911.
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	== C. Help for Students, Faculty and Staff at the University of British Columbia ==		== D. Help for Students, Faculty and Staff at the University of British Columbia ==

	The Sexual Violence Prevention and Response Office (SVPRO) is available to help all UBC students, faculty and staff. The SVPRO states they “are a safe place for students, faculty, staff who have experienced sexual violence, regardless of where or when it took place. This includes any attempt or act of a sexual nature without your consent. All gender identities, expressions and sexualities are welcome.” '''You do not need to make a police report or go to the hospital to get help from SVPRO.'''		The Sexual Violence Prevention and Response Office (SVPRO) is available to help all UBC students, faculty and staff. The SVPRO states they “are a safe place for students, faculty, staff who have experienced sexual violence, regardless of where or when it took place. This includes any attempt or act of a sexual nature without your consent. All gender identities, expressions and sexualities are welcome.” '''You do not need to make a police report or go to the hospital to get help from SVPRO.'''

Clicklaw Editor: /* B. Help for Victims of Sexual Assault */

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B. Help for Victims of Sexual Assault

← Older revision		Revision as of 00:42, 12 August 2022
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	== B. ~~Help~~ for ~~Victims of~~ Sexual Assault ==		== B. Legal Representation for Sexual Assault Victims ==

	If you believe you or someone you know may have been the victim of a sexual assault once you are in a safe place, you should call the police. If you need emergency medical attention or you are in immediate danger, call 911.

	If you do not want to call the police there are other people you can talk to such as VictimLink BC available at 1-800-563-0808, or Healthlink BC available at 811. The Surrey Women’s centre has a mobile assault response team that provides services over the phone and in-person to anyone who has experienced a physical or sexual assault. They are available 24-hours a day, 7 days a week, 365 days a year. '''You do not have to go to the hospital or make a police report to use their services.''' The Surrey Women’s centre can be reached at 604-583-1295. More information is available [https://surreywomenscentre.ca/services here]. Similarly, consult Battered Women’s Support Services [https://www.bwss.org here] or at 1-855-687-1868. '''WAVAW''' provides support services to survivors of sexualized violence who have shared experiences of gender marginalization: cis and trans women, Two-Spirit, trans and/or non-binary people. They advocate for social and systemic change through education, outreach and activism. WAVAW can be reached at 604-255-6344 and 1-877-392-7583 outside the lower mainland. More information on WAVAW is available [https://www.wavaw.ca/contact/ here].

	~~If the sexual assault involves a child, you should call the Ministry of Children and Family Development’s 24-hour emergency abuse line at 1-800-663-9122.~~

	Even if you do not think that you need immediate medical attention, you should go to the hospital. If you have been assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help you. You may need medical attention, even if you do not have visible signs of injury.

	Further information on sexual assault and the steps to take if you need help is available [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf here].

			Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim is able to have a lawyer make submissions as to why the accused should not get the record. Victims are allowed to have a lawyer, but getting council can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.

	== B. Help for Victims of Sexual Assault ==		== B. Help for Victims of Sexual Assault ==

← Older revision		Revision as of 01:31, 26 August 2024
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	{{LSLAP Manual TOC\|expanded = victims}}		{{LSLAP Manual TOC\|expanded = victims}}

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	Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.		Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.

	'''If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the Criminal Code definition of sexual assault: '''		'''If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the Criminal Code definition of sexual assault: '''
	*They have been physically touched in a sexual manner by another person which was not wanted		*They have been physically touched in a sexual manner by another person which was not wanted
	*Their words or actions indicated that they did not want to have or continue sexual contact, but the sexual contact continued		*Their words or actions indicated that they did not want to have or continue sexual contact, but the sexual contact continued
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	== B. Legal Representation for Sexual Assault Victims ==		== B. Legal Representation for Sexual Assault Victims ==

	Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation. The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim ~~is able to~~ have a lawyer make submissions as to why the accused should not ~~get~~ the record. ~~Victims are allowed to have a lawyer, but getting~~ counsel can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.		Criminal Code s. 278.4(2.1) allows for a sexual assault victim to have their own legal counsel, where the accused is attempting to get access to third-party records. This is an exception to the general rule that victims of crime are not entitled to legal representation.

			The defence can apply to have the court to compel a third party to produce records if they are “likely relevant.” Examples of third-party records are notes taken by a counsellor, therapist, psychologist, or doctor, hospital records, records from child welfare or social services agency, records from an employer or school, and victim’s personal journals. These third-party records are personal documents that have a reasonable expectation of privacy. An accused may want to apply to have these records admitted as evidence in a case, where the victim can then have a lawyer represent them to decide whether the accused will get the third-party record. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the record. Getting legal counsel can be a challenge, especially when the victim cannot afford to pay for one themselves. Legal aid or victim services programs can be helpful when looking for legal representation.

			For sexual offences, evidence about the victim’s other sexual activity is presumptively inadmissible towards finding that the victim is likely to have consented to the subject matter of the accused’s charges or that the victim is a less credible witness (''Criminal Code'', s 276); the accused is not allowed to ask questions or lead evidence about the victim’s other sexual activity without an application to the court (''Criminal Code'', s 278.92–278.96). If the judge grants the accused’s application to include such evidence, the court will convene a hearing to decide whether such evidence is admissible according to the requirements set out in section 278.92 (2) and (3). The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused’s application are under a publication ban (''Criminal Code'', s 278.95).

	== C. Help for Victims of Sexual Assault ==		== C. Help for Victims of Sexual Assault ==

	If a person is, or suspects someone else is, the victim of a sexual assault, they should ensure they are in a safe place and then call the police. If they are in immediate danger or need emergency medical attention, it is important to call 911 immediately.		If a person is, or suspects someone else is, the victim of a sexual assault, they should ensure they are in a safe place and then call the police. If they are in immediate danger or need emergency medical attention, it is important to call 911 immediately.

	If a person does not want to speak to police, there are other resources available. VictimLink BC is available at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811. ~~Further resources and information regarding sexual assault is available at [https://www.victimsinfo.ca/en/services/specific-crimes/sexual-assault VictimsInfo.ca]~~		If a person does not want to speak to police, there are other resources available. VictimLink BC is available at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811.

	If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. See also: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Reporting Child Abuse in BC – gov.bc.ca]		If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. See also: [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Reporting Child Abuse in BC – gov.bc.ca]

	Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury.		Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury. Further information on sexual assault and the steps to take is available at [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf Help starts here - Sexual Assault]

	Further information on sexual assault and the steps to take is available at [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf Help starts here - Sexual Assault]

	== D. Help for Students, Faculty and Staff of Post-Secondary Institutions ==		== D. Help for Students, Faculty and Staff of Post-Secondary Institutions ==

	The ''Sexual Violence and Misconduct Policy Act'' requires all public post-secondary institutions in B.C. to have a sexual violence and misconduct policy. As such, each public college and university in British Columbia will have their own sexual assault resources and information on where to access help. Resources pertaining to each post-secondary institution can be found at [https://www2.gov.bc.ca/gov/content/safe-campuses-bc Safe Campuses BC]		The ''Sexual Violence and Misconduct Policy Act'' requires all public post-secondary institutions in B.C. to have a sexual violence and misconduct policy. As such, each public college and university in British Columbia will have their own sexual assault resources and information on where to access help. Resources pertaining to each post-secondary institution can be found at [https://www2.gov.bc.ca/gov/content/safe-campuses-bc Safe Campuses BC]


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