Difference between revisions of "Victims of Sexual Assault (4:V)"

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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 ==

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 ==

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 ==