what happens in the legal system?
The police:
- come to you and take you to a hospital right away;
- collect any evidence from the scene of the crime and from the doctor's report;
- may take photographs of your injuries;
- ask you a lot of detailed questions about what happened to you;
- write your answers in a statement and then ask you to read and sign it;
- use your statement and any other evidence to try to find the person who assaulted you.
If the police find the person they think assaulted you, they may ask you to help identify the person and/or arrest the and charge the person.
What happens if the police charge the person?
The police may keep the accused in jail until a first court appearance. At court the judge decides whether or not to keep the accused in jail until the trial. The judge may let the accused go if he or she agrees to do certain things, such as:
- pay bail money to get out
- report to the police regularly
Usually the judge orders the accused not to contact you in person, by phone, or by mail. If you are afraid that the accused may try to hurt you or stop you from giving evidence at the trail, tell the police or Crown Prosecutor.
Do I Have to go to court?
If the accused pleads not guilty, you may have to go a preliminary hearing and a trail to give evidence about what happened. Talk to th Crown Prosecutor before the hearing or trial to find out:
- when and where court is;
- what questions the Crown Prosecutor will ask;
- what kinds of questions the defense lawyer will ask.
Ask if you do not understand what the Crown Prosecutor says. You have a right to know about the case and to be ready for the trial. You can bring a friend with you for support.
can I be asked questions about my sex life?
You can be asked about your past sexual activites if the judge decides this information has something to do with this case. If the judge allows questions about your past sexual activities, you have to answer them during the trial. The Crown Prosecutor can:
- talk with you about whether you will have to answer such questions or not;
- prepare you for any questions that you may have to answer.
Any evidence about your past sexual activities cannot be used to show:
- that you consented to the sexual assault;
- that you should not be believed because of your past sexual conduct.
Is the trial open to the public?
The trial is usually open to the public, but you have a right to have your identity protected from being in the news. Tell the Crown Prosecutor that you want your identity protected. If asked, the judge must make an order saying your identity cannot be made public in the media.
What if the Accused is found guilty?
If the accused pleads guilty or is found guilty, the judge decides what the sentence should be.
The punishment for sexual assault can be anything from a fine to life in prison. The judge can also give a suspended sentence or probation. The judge decides what sentence to give by looking at:
- how much force the accused used, and other facts about the assault;
- how much you have suffered - physically, mentally and/or emotionally;
- the background of the accused, including lifestyle and criminal record.
If the accused is found not guilty this does not mean that the judge does not believe you. It means that there is not enough evidence to find the accused "guilty beyond a reasonable doubt". If the accused tries to contact you again, call the police. You may be able to get a peace bond or other police help.
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