Will I be asked about my sexual history?

Evidence about your past sexual activities, whether with the accused or any other person, cannot be used to attempt to show that you consented to the sexual assault.

Such evidence cannot be used to suggest that you are not a credible witness or that your testimony should not be believed.  In specific situations, however, the judge may allow some questions about your past sexual activities if the judge decides that this information has some bearing on the case at hand.

Will court be open to the public?

Court proceedings are usually open to the public, but you do have the right to have your identity protected from being in the news.  to do so, tell the Crown Prosecutor to request that the judge make an order saying your identity cannot be made public in the media.  In very limited circumstances, the public may be excluded altogether - but this is unusual.  There are special safeguards for victims under the age of 18, or those who may have difficulty testifying because of a disability.

The Police can help

The police can try to help in a number of ways.  They can take you to get medical attention, gather evidence and interview possible witnesses. 

The police will ask you detailed questions and prepare a statement for you to review and sign.  The police will use your statement and other evidence to try to find the person responsible for the assault.  If the police are able to locate a suspect, they may ask you to help to identify the suspect.  The suspect may be arrested and charged.

The police can also refer you to victim services and other available resources.

Will the suspect be held in jail?

Not necessarily.  If the police do in fact charge the person, they may keep the person in jail until their first appearance in court.  A judge will decide whether to release the accused or hold them over for trial.  The accused may be released on certain conditions.  For example, the judge may require the accused to post bail or report to the police regularly.  The accused is usually ordered not to contact you in person, by phone or mail.  If you are afraid that he accused may try to harm you or stop you from giving evidence at the trial, tell the police or the Crown Prosecutor.

What happens next?

Not all criminal cases go on to trial.  The accused person may decide to plead guilty to the charge.  If this happens, you will not need to testify at a trial.  You may, however, want to appear at a sentencing hearing or provide a victim impact statement to explain how the crime has affected you.

If the accused pleads not guilty, you may have to give evidence at a trial, or at a preliminary inquiry and trial.  A preliminary inquiry is a hearing to determine whether there is enough evidence to justify sending the case on to trial.  Your testimony is a very important part of the Crown's case against the accused.  It is important that victims and witnesses get the assistance they need to enable them to appear and testify in court.  The Crown Prosecutor and victim/witness services can provide you with information about what to expect and options available to make testifying easier.

You should talk to the Crown Prosecutor before the hearing or trial to find out when and where court will take place, what questions the Crown Prosecutor will ask, as well as what to expect from the defence lawyer.  If you do not understand what the Crown Prosecutor tells you, ask them to explain it further or in simpler terms.  You have the right to know about the case and be prepared for the trial.  you can bring someone with you for support.

 

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