Difference between revisions of "Victims of Sexual Assault (4:V)"
Jump to navigation
Jump to search
Line 52: | Line 52: | ||
== B. | == 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. | |||
== B. Help for Victims of Sexual Assault == | == B. Help for Victims of Sexual Assault == |