2. Judges:
You Can…:

• Use your knowledge and authority: As a judge, you have the responsibility to sentence people convicted of sexually violent crimes.
• Influence and inform: Your rulings may influence public views about the seriousness of the crime, and whether the system is fair, effective, competent, and sensitive. Set sentencing standards.
• Create a safer environment in your courtroom for victims/Prevent future incidents of violence:
  1. Allow the use of privacy screens when victims are testifying.
  2. Challenge defense attorneys who use harassing methods to questions victims.
  3. Consider publication and media bans if victims request it.
  4. Ensure that victims are safe from repercussions from the perpetrator and his supporters inside and outside of the courtroom.
  5. Take requests for Peace Bonds seriously. Consider the safety of victims when placing conditions during bail hearings and sentencing. Take action when violations occur.
• Challenge the use of Myths and Stereotypes:
  1. Often sexual assault cases are based on gender stereotypes and sexual assault myths.
  2. Be aware of the ones most commonly used by defense attorneys and disallow them.
  3. Inform juries that decisions need to be based on law, not common misconceptions about women and/or rape.
  4. Be aware of how your own beliefs can impact on decisions you make in a court of law.
• Protect Victims: You can work to safeguard victims’ rights in the criminal justice system.
• Set precedents:
  1. Be aware of changes to legislation and law, alternatives in sentencing, and rehabilitation strategies. This information can be crucial when making sentencing decisions.
  2. Protect Charter Rights and enforce the Criminal Code.
  3. Keep in mind the long-term impacts of your decisions on victims, perpetrators, and the general public.

3. Crown Attorneys:
You Can…:

• Serve and Protect: You have an important role in opposing crime and protecting victims and people who are at risk of sexual violence.
• Promote justice and accountability: You can see that perpetrators are held accountable, by strongly prosecuting sexual assault cases.
• Collaborate: You can bring key players together to deal with the crime of sexual violence. Work with Victim’s Assistance workers and community/justice advocates to improve victims’ access to the legal process.
• Be a role model: Share with other attorneys the practices you have found successful in prosecuting sexual violence cases. Keep informed of case law and changes to legislation/law that relates to sexual assault issues and share this information with colleagues.
• Explain the court procedure: It is very important for sexual assault victims to understand the court procedures and processes to ensure that they can make an informed decision about whether or not they wish to proceed with the criminal process. As a crown prosecutor it is very important to clearly explain the criminal justice process and its benefits and challenges to the victim.
  1. Meet with the victim to explain the court procedure and/or refer him/her to a service provider who can provide information and support.
  2. Prepare the victim for the court experience.
  3. Be sure that the victim clearly understands your role and relationship with them (i.e. you are not her/his lawyer).
  4. When interviewing victims explain why you are asking specific questions.
  5. As much as is legally and professionally possible explain how you intend to proceed in court.
  6. If you do not think that you will be able to secure a conviction and feel that charges should be dropped, be honest, sensitive, compassionate and comprehensive when explaining to victims your decision not to proceed to court. This is also important when explaining plea bargains and court decisions/outcomes.
  7. List all of the tactics that will be used by the Defense to attack the victim’s credibility. Explain to the victim that often they will be asked questions based on myths and stereotypes about sexual assault.
• Advocate safety: Avoid including information in the file to the defense that could further endanger the victim (contact information).
• Be Aware of Common Sexual Assault Myths Used in Court: All of these common myths are used in sexual assault cases. As crown prosecutors it is important to be aware of these myths. Society has created these myths and stereotypes about sexual assault and they have no place in a court of law. It is imperative that these myths are not used to discount the seriousness of the assault. Courts may be more lenient if they rely on one or more of these myths. Therefore, as a crown prosecutor, one must object firmly and frequently if these myths are imposed on the victim:
  1. If a person does not seek counseling after sexual assault, the person was not truly assaulted, or the assault was not that serious
  2. If a person’s clothing was not torn, no sexual assault occurred.
  3. If the complainant did not immediately report the assault, he or she was not assaulted, or the assault was not that serious
  4. If no physical harm is evident, no sexual assault occurred, or the assault was not that serious
  5. If the victim did not scream or struggle, there was no sexual assault
  6. If the victim previously danced or flirted, accepted a drink from, previously dated and/or had consensual sexual intercourse with the perpetrator, sexual assault did not occur.
  7. If a person frequents a bar, or seeks out sexual or romantic connections, then sexual assault did not occur
  8. If the victim was drunk or using drugs, then sexual assault did not occur
  9. If the victim is/was involved in the sex trade industry (prostitution, stripping, pornography, etc.) then they can not be sexually assaulted.
  10. If a woman dresses and acts provocatively then sexual assault did not occur, or she deserves to be sexually assaulted.
  11. If the accused does not have a criminal background and has an excellent reputation, he/she could not have sexually assaulted anyone, or deserves leniency.
  12. If a person does not seem upset or emotional after being sexually assaulted, no assault occurred, or it was not serious
• Avoid perpetuating myths and stereotypes:
  1. During the trial, assist the victim in telling her/his reality of sexual assault.
  2. Be prepared to object when the defense attempts to distort the reality of sexual assault or impose gender stereotypes and sexual assault myths on the victim.
  3. Avoid basing your decision to proceed to court or not on myths and stereotypes and refrain from using myths and stereotypes as arguments for your case.
• Prepare the victim for Trial: Victims are often poorly prepared for trial. They are often unaware of the court procedures and how to properly answer questions from the crown and the defense. Trial can be psychologically damaging for victims of sexual assault, but this trauma can be alleviated by proper instruction. Many Crowns are given short notice for cases and or may not have a lot of time to meet with victims before Court. Try to do this to the best of your ability and/or ensure that victims have access to information and support through Victim Assistance Programs and Community Supporters/Advocates.
  1. Instruct the victim on how to effectively tell her/his story. Explain to the victims that s/he must give as much details as s/he remembers and to anticipate that the defense will attempt to distort her experience.
  2. Advise the victims to use the actual words used by the accused during the assault, no matter how explicit they may be. The trial must be about what the victim actually experienced and not some sanitized version of the events.
  3. Give examples of various leading questions that the defense may ask and prepare victims on how to avoid falling into any traps.
  4. Teach the victim how to be firm and confident with their answers and not be intimidated by the defense.
  5. Instruct victims on controlling their pace and fully understanding the question before answering.
  6. Use caution when advising victims about showing or controlling their emotions while on the stand. Some rulings have indicated that victims were not believed or that the assault was determined not to be of a serious nature because the victim showed too much or not enough emotion.
  7. Encourage victims to challenge anything that distorts the true nature of their experience and be prepared to intervene when this occurs.
  8. Explain to victims that they should not simply give a “yes” or “no” answer when a complex question is asked. They should elaborate as much as possible.

3. Defense Attorneys:
Of course, the role of defense attorney in sexual assault cases is to protect their client. However when doing this, often defense attorneys are discounting the seriousness of sexual violence. Court cases end up bearing very little resemblance to the actual nature of the assault and therefore assault victim’s experiences are invalidated. Experts in this area suggest there is a strong case for sections 7 and 15 of the Charter arguments in relation to the tactics used by Defense lawyers during sexual assault trials. The legal process is designed to uncover the truth and should only be guided by rules of reason. By failing to follow the principles of truth and justice, the court’s integrity is negatively affected. Defense attorneys, legal aid lawyers, and family law practitioners may also come into contact with survivors of sexual violence in other contexts beside sexual assault trials. It is important to be aware that victims/survivors of sexual violence are vulnerable to having their history of sexual abuse/assault used against them. It is your role to prevent this from occurring to your clients and to avoid using it as a legal tactic against others.

You can…

• Keep in mind that when you utilize gender stereotypes and sexual assault myths to distort the reality or sexual assault, you are perpetuating systemic violence against women and children.
• Avoid Re-traumatizing victims/clients: Be mindful that tactics you use in court to protect the rights of the accused can cause further trauma to the victim. When working with clients be mindful that they may be survivors of sexual violence. Explain your actions and questions. Encourage them to bring a support person to meetings. Be aware of services in the community that you can refer clients to for support and resources.
• Model Professional conduct: Attacking and further traumatizing a victim goes against the very principles that must be upheld in a court of law.
• Be a role model: Treat victims of sexual violence in a professional and respectful manner. Discuss sexual violence issues with your colleagues and get involved with educational and prevention endeavors.

Victim Services

Victim service providers – including police and court based victim assistance workers, as well as workers from sexual assault centres, women’s centres, transition houses, and other community support providers/advocacy groups – help individuals and communities in many ways. They often provide information about the court process, counseling and other support to victims and secondary victims (i.e. victims’ friends and family) of violence and crime. They educate the public about victimization and advocate for prevention and social change. Court and police based victim assistance programs provide a valuable link between victims and police and the Crown, as well as can provide information to victims about how their case is proceeding. Assistance with victim impact statements and follow up programs such as victims’ compensation can assist with the healing process.

Often they are the only support and advocates for victims in their communities. They also play a crucial role in working towards prevention. Victim advocates include staff and volunteers who are trained to support victims of violence. They can be men, women and can range in age, cultural or ethnic background, sexual orientation, socio-economic status, and occupation. Some have experienced sexual violence as victims or secondary victims. Because their work centers on trauma and victimization, victim service providers and community supporters/advocates may suffer from vicarious trauma (secondary wounding), stress and/or burnout. It is important that they have the training, resources, and support within the agency that they work to continue to do their job effectively without further trauma to themselves. One way of reducing secondary wounding is by being honest and clear with victims about your role and the boundaries of your role so that they don’t have expectations beyond what you can provide. Be aware of the different programs and services available to victims in your area including groups and agencies that address special needs, diversity, and can meet the needs of individual victims based on their specific needs (i.e. disability, language barriers, homelessness, etc.).

You can…

• Empower: Victims who are know and understand their options and are aware of the criminal justice process, are better able to make an informed decision about how to proceed. Knowledge also helps victims to understand what to expect from the legal process and can reduce secondary wounding. Because they have direct contact with victims and their families, victim services workers as well as community support providers/advocates are often in the best position to educate victims on their rights and to assist them in navigating the legal system.
• Advocate: Victims often feel revictimized by the legal process and experience further trauma. They may feel powerless to express concern or to address any issues that arise. Police and court based victim assistance workers can act as a liaison between victims and other legal professionals and can often keep them informed about their cases. Community support providers/advocates are sometimes the only voice the victims, especially those from vulnerable populations, have to address concerns and to protect their rights during the legal/judicial process.
• Break the silence: You can help reduce the shame and secrecy around this issue by helping victims talk about their experiences, and by raising awareness of how sexual violence affects victims, their loves ones, and the community. You also play an important role in addressing barriers and problems with the legal system that impact on the rights of victims.
• Collaborate: You can collaborate with other key organizations both in the community and within the legal system to promote awareness and prevention programs, to improve services for victims of violence, and to address changes to the criminal justice system.
• Educate: You can teach people of all ages about healthy relationships and sexual violence awareness and prevention. You can create awareness of sexual assault myths and gender stereotypes and can spread the word that sexual violence will not be tolerated.
• Promote awareness, preventions, and social/legislative change: You can involve your community in preventing sexual violence and promoting nonviolence. You can lobby for changes to sexual assault laws and legislation that will improve services for victims of crimes of a sexual nature.

Law Enforcement:
Law enforcement officers play an essential role in preventing and responding to crimes, including sexual violence. Police officers and other law enforcement personnel i.e. security guards, campus police, corrections staff, etc. can be the first people to receive a report of sexual violence, and to come into contact with a victim. Law enforcement personnel are responsible for the investigation of these crimes and also deal with perpetrators of sexual offences.

The trauma experienced by victims can affect law enforcement officers, especially if they or someone they care about has experienced sexual violence. For some officers, taking a report from a victim – especially a child – can be one of the hardest parts of the job. It can also be challenging for officers to interact with sexual perpetrators and their families. Though the traditional role of law enforcement is to intervene once the crime ahs occurred, law enforcement officers also can make a unique contribution to prevention. Law enforcement officers can also influence change within the legal system and individual police departments by promoting education, policy change, and actions to address violence against women.

You can…

• Work toward prevention. You can work to promote nonviolence in your home, workplace, and community. Request or organize training and education programs within the department as well as in your community.
• Be a role model. You can demonstrate respectful and sensitive treatment of victims and perpetrators. Talk to other officers about sexual violence. Share information and resources.
• Aid victims: You can help victims feel safer at a time when they may be traumatized and vulnerable. Become aware of services available in your community that you can refer victims to for support and resources.
• Be compassionate and patient. This attitude may help victims and alleged perpetrators give a more complete account of their experiences. Your interview and the evidence you gather can determine whether a case will result in a charge.
• Address myths and stereotypes. Be aware of how your personal beliefs and attitudes may impact on how you respond to victims of sexual violence. Recognize how your own behavior, both personally and professionally, may influence how victims and the community at large perceive how you will respond to reports of sexual violence.
• Take a stand against sexual exploitation. Arrest “johns” and “pimps” as a way to prevent prostitution and other forms of sexual exploitation.

How legal professionals are involved in addressing sexual violence issues in Nova Scotia:

• Through education and training endeavors
• Involvement in internal and community awareness and prevention programs
• By participating in interagency committees to address violence against women
• By implementing best standards of practice, policies, procedures, and protocols for dealing with sexual violence issues and working with victims/survivors of sexual violence
• By advocating for and working toward social and systemic change
• By collaborating with community support providers and advocacy groups

The information in this document is based on materials found through the websites: www.napasa.org and through: www.health.state.mn.us/svp.html . (updated 2006)