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| Legal Information |
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Reporting the crime
The first step in having the person who sexually assaulted you charged is to report the incident to the police.
The police will take notes or tape/videotape your comments and this will become your statement. It will be typed for you and you will be required to read and then sign the statement. DO NOT sign the statement unless you agree with EVERYTHING that is written in it; make any necessary changes.
If some information is missing, bring it to the attention of the officers before signing. Do not guess if you forget details of the incident because you will be questioned on this statement if the accused is charged. It may help you to write down as much as you can remember about what information you gave in your statement.
If the police are satisfied that there is a case against the accused, he will be charged. After being charged, he will most likely be released on bail on the condition that he must not have contact with you.
NOTE: Sexual assault is considered a criminal charge and the Crown, not the victim, lay criminal charges. The victim/survivor is considered a witness to the crime. This is also the case with the Crown Prosecutor, the lawyer who will prosecute the accused in court. The Crown does not represent you personally, it actually represents society.
There will be a number of court appearances between the accused’s lawyer and the Crown after which the accused will enter a plea of guilty or not guilty. If he pleads guilty, he will be sentenced. If he pleads not guilty then the matter will proceed to trial.
Appearing in Court
The accused can change the plea at the last minute and a survivor will only have to appear in court if the plea is Not Guilty.
Before the trial it is probable that a Witness Support Person will make arrangement for the survivor to visit the court to see the layout, be shown the witness box and to generally get an idea of where everyone will be placed within the court during the trial proceedings. It is possible that survivors/witnesses requesting the protection of a screen will be granted the use of one in order that they are 'hidden' from the accused. An application for this has to be made months before the trial and the granting of the use of a screen is at the discretion of the Judge.
When a survivor is giving evidence, the public will be cleared from the court. However, there may still be more than 28 people remaining in court whilst she/he speaks - these are: Judge, jury, clerks and legal personnel.
Legal Advocacy
If required, trained workers can accompany and support survivors throughout the entire legal process, including being in court with you. CSRC&SAC can provide information on legal rights and procedures.
All sexual offences are serious crimes, but it is your life and it is your choice whether or not to report what has happened to you to the police. |
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