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Difference between revisions of "Victims of Sexual Assault (4:V)"
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Victims of Sexual Assault (4:V) (view source)
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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. | ||
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== 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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== | == 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.''' | ||
