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The courts would determine exploitation by the wrongful conduct of the exploiter rather than the consent of the young person. Publication of Intimate Images without Consent: An intimate image is a picture or video of a person who is nude, partially nude, or engaged in sexual activity. The photos can be of a child or an adult. Even if the individual consented to the pictures or videos, it is an offence to distribute them if the individual had a reasonable expectation of privacy at the time they were taken. If the person who sexually assaulted me is charged, will I have to go to court?
A preliminary hearing is a hearing where a judge decides whether there is enough evidence to send the case to trial. If the case goes to trial, the Crown prosecutor can call you as a witness to testify, even against your partner or spouse. Can I get help and support if I go to Court? Victim Services Coordinators can explain the court process to you and help you understand what will happen in court.
Contact the provincial Victim Services Office nearest you. They can tell you about the special supports and assistance to help victims of sexual offences when they testify. They will also tell you about other services and programs for victims such as counseling and crime compensation.
Can the defence lawyer get copies of my counseling or medical records and ask me questions?
Only if the judge decides this information has something to do with the case. A judge would hold hearings to decide whether the defence lawyer can have the records. The Crown prosecutor and the Victim Services Coordinator will explain the process to you. Can the defence lawyer use my past sexual activities to suggest that I consented this time? Your past sexual activities with anyone other than the accused would not be considered relevant to the issue of consent for this particular offence.
The defence lawyer cannot use evidence about your past sexual activities to show:.
Usually the trial is open to the public but you have a right to keep your identity protected. This is called a publication ban. Victim Services will explain the various protections that may be available. What happens when a person is found guilty? Usually the judge will not sentence the offender immediately.
Sexual offences apply to different types of sexual contact, not just rape. Its goal is to provide the public with information about the law. The punishments for sexual assault and sexual offences may range from a fine, to life in prison. Youth 14 or 15 years of age can consent to nonexploitative sexual activity when the age difference is no more than five years. Age of Consent across the world The Age of Consent ranges from as low as 11 to as high as 20 years old across the world. What happens when a person is found guilty?
The judge will set a date for sentencing and may ask for a pre-sentence report on the offender. The pre-sentence report is done by a probation officer.
Can victims tell the Court how the crime has affected them? Yes, victims have the right to make a written Victim Impact Statement which can be filed with the court when the accused has been found guilty. See the pamphlet Victim Impact Statements. The judge must consider your statement, among other things, in deciding on the sentence. If you wish, you can ask to read your statement aloud at the sentencing hearing. What type of sentence might an offender get? The punishments for sexual assault and sexual offences may range from a fine, to life in prison.
The judge can also give a suspended sentence or probation. Convictions for child exploitation offences carry a mandatory minimum sentence. What should I do if someone sexually assaults me? Call the police or RCMP. In an emergency dial Tell the police where you are and what happened.
The police can take you to the hospital right away where healthcare professionals can do an examination and gather evidence. Certain municipal police forces have victim service units. These units often offer crisis counseling. Also, they may have staff or volunteers who will accompany the police when they are talking to a sexual assault victim. The police will ask you a lot of detailed questions. Write down everything you can remember, including:. The police will either write your answers in a statement or they will use audio or videotape to record your answers. Even if you do not call the police right away, get medical attention.
Go to the nearest hospital. The healthcare professional will examine you for injuries and explain the risk of pregnancy, AIDS and sexually transmitted diseases. A specially trained healthcare professional may be available at the hospital to help you and to give you support.
You can also get support and help 24 hours a day from a sexual assault centre or a crisis line. They have experience talking to people who have been sexually assaulted. They can give information and answer your questions. I was sexually assaulted six months ago.
Can the police still lay charges? It depends on the seriousness of the assault.
There is no time limit for reporting and laying charges for a serious sexual assault an indictable offence. However, there is a six month time limit for laying charges for a sexual assault which the law considers less serious in nature a summary conviction offence. In any case, the sooner you call the police, the easier it is for them to collect the evidence needed to prove the charge.
Check our website at: They can offer support at the time of crisis and tell you about resources and counseling services in your area. Just need to talk or learn about resources in your area? You can get more information on support and services for victims of sexual assault from your provincial Victim Services Office.
And check out the Directory of Services for Victims of Abuse. This booklet does not contain a complete statement of the law in the area of sexual assault and laws change from time to time. Any physician experiencing doubt about whether a situation constitutes maltreatment or whether it is reportable to child welfare authorities, should err on the side of caution and contact their local child welfare agency to discuss the matter further. National Center for Biotechnology Information , U. Journal List Paediatr Child Health v. Steven Bellemare , MD.
Author information Article notes Copyright and License information Disclaimer. Telephone , fax , e-mail ac. Accepted May To this effect, there are a few notable exceptions to the law: Youth 12 or 13 years of age can consent to nonexploitative sexual activity with peers when the age difference is no more than two years. For example, a year-old child is deemed capable of consenting to sexual activity with a year-old, but not a year-old.
Youth 14 or 15 years of age can consent to nonexploitative sexual activity when the age difference is no more than five years.
For example, a year-old can consent to having sexual intercourse with a year-old, but not with a year-old. An act to amend the criminal code age of protection and to make consequential amendments to the criminal records Act, LSE.