Sexual Assault in Our Community: Information for Service Providers in Newfoundland & Labrador This info sheet contains information on sexual assault that will be triggering for many. If you would like to talk please call the Sexual Assault 24-Hour Crisis, Support & Information Line: 1-800-726-2743
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This info sheet contains information on sexual assault that will be triggering for many. If you would like to talk please call the Sexual Assault 24-Hour Crisis, Support & Information Line: 1-800-726-2743
What is sexual assault? • Any unwanted sexual contact • A traumatic experience that can often impact and interrupt life in various ways • Often committed by people we know such as partners, family, friends, or acquaintances • About power and control; not sexual desire or attraction
Did you know? The rate of reported sexual assaults in NL is
There are approx
460,000 sexual assaults in Canada every year i
58 per 100,000 population,
the same as the rest of Canada ii
88% of sexual assaults experienced by Canadians aged 15 years and older are not brought to the attention of police.iii
• S exual assault is a form of gendered violence. In 2007, 86% of victims were women and girls in reported cases. iv • Groups most likely to be targeted are Aboriginal women, sex workers, members of LGBTQ+ communities, women with disabilities, women of colour, women living in poverty, and people between the ages of 15 and 24. v • In 2014 the Sexual Assault Nurse Examiner Program (SANE) at St. Clare’s Hospital saw 50 cases, 42% were drug facilitated and 56% were known to the person. vi
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Common Feelings There is no “right way” to feel after being sexually assaulted and people respond very differently. Some may be calm or numb, laughing or joking, crying or angry. One set of feelings is not more important than another; all feelings are valid and legitimate. The following feelings are often described: • • • • •
Fear Anxiety Depression Anger Guilt and self-blame
• • • •
I ntrusive memories and nightmares L ack of trust P owerlessness D ifficulties with sexual intimacy vii
Sexual Assault Trauma Although people respond differently to sexual assault, survivors are at higher risk of trauma. Sexual assault trauma is a way of describing the post-traumatic stress symptoms that arise after sexual assault. We can think of sexual assault trauma in three phases:
Acute – immediate impact: Very difficult to make decisions, think clearly, and communicate. Internal theme is chaos. Chronic – after immediate crisis: Body and mind start putting the pieces back together, develop coping strategies such as moving locations or seeking support from friends or professionals. I ntegration or reorganization – the “new normal”: When the person comes to terms with their experience and works to create meaning; may volunteer on a crisis line, journal, or not think about it every day.
How people cope with sexual assault varies. There is no straight line or path that survivors follow. How people respond and heal depends on many factors including: • The assault itself - Relationship with assailant, degree of violence, extent of injuries • Their support system - Family, friends, community resources, and how the supports are perceived • The reactions of others - Police, medical personnel, community, family, friends • The circumstances of their life prior to assault - Previous abuse or assault, other current crisis • S ocial, spiritual, and cultural locations
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“It is an honour to work with people who have experienced sexual assault. You see so much pain and loss, but you also see incredible resiliency, strength, and determination. I’m inspired every time I have an opportunity to listen and support.” - NLSACPC Crisis Line Worker
Victim Blaming viii MYTH: They could have done SOMETHING to stop or prevent the sexual assault. FACT: When people experience danger, they go into self-protection mode. This means they will have a flight, fight, or freeze response. It is not that the survivor should have done something to stop or prevent the sexual assault, the issue is that the perpetrator should not have sexually assaulted. MYTH: Look at how they’re dressed… they’re asking for it! FACT: Sexual assault is a traumatic experience that can often impact and interrupt life in various ways. Sexual assault is also about power and control, not sexual desire or attraction. People never ask to be sexually assaulted and sex is never owed, regardless of how people dress.
Sexual assault is never the survivors’ fault. Sexual assault is always the fault of the person who commits the crime. Secondary Wounding Secondary wounding occurs when a response to a disclosure of sexual assault blames, shames, or in any way harms the survivor. Many people report secondary wounding to be more painful than the sexual assault itself; the survivor trusted the individual or institution and when the trust is broken, it can increase the sense of betrayal, loss of control, and shame. The most common ways individuals and systems re-victimize are: • Shaming and blaming for being targeted • Shaming and blaming for reactions while being sexually assaulted • Denial, disbelief, minimizing These messages are not only communicated through words, but also tone of voice and body language.
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Responding It can be very difficult to talk about sexual assault especially when you have been targeted. When people are ready to talk, it is essential to respond supportively. • Explain the limits to confidentiality and assess safety – Are they in need of medical attention? Are they living in a safe place? If they are not in immediate danger but there is a risk, can we talk about safety planning? • Take time to truly listen – Slowing things down and being ‘in the moment’ to truly listen is often the most supportive thing you do. Often, people will feel that they don’t want to bother others with their problems. Make sure to tell the person you are there for them and they, and their experiences, are very important. • Believe the person is the expert – Even if you have been meeting the person on a regular basis for years, it is likely you are only seeing what the person wants you to see. We need to believe that the person is the expert in their own life, their experiences, and that they will make decisions that are right for them. Remember, sexual assault is about power and control – survivors need to have the space (and your trust) to make their own decisions. Talk about options, trusted resources, pros and cons. How do they cope? What have they found helpful? • Be non-judgemental – When a judgement comes to mind, be aware of it but do not allow it to impact how you’re responding. Think about it later and challenge it. Where did that judgement come from? • Offer invitations to talk about it - Adults who have been impacted by sexual assault may not realize, or be ready to realize, that what has happened is sexual assault. Saying the words “sexual assault” or “rape” may not be helpful for the person but it is still very important to acknowledge what you have heard and perhaps ask, “Have you had an unwanted sexual experience?” • Ask supportive questions as a way to understand better, not because you’re curious – When a question comes to mind, take a moment and ask yourself, “Am I asking this to understand better or because I’m curious?” If you are not in an investigative role, questions should only be asked to increase understanding and opportunities to support. • Helpful messages to share – Due to the many barriers, such as stigma and myths, there are important messages to share with people. For example:
• • • • • • •
T hank you for telling me. What happened to you is not your fault. I believe you. It took a lot of courage to tell me. I’m glad you told me. I’ll do my best to support you. You are not alone
• Be knowledgeable and connect people to trusted resources
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Even if systems failed, a supportive experience with a service provider can create a more positive experience overall.
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Getting Medical Attention in the Avalon Region If the person is in an emergency and needs medical attention, call 9-1-1. The police can be contacted from the hospital if the person is in immediate threat of harm, or if the survivor chooses. There are several medical concerns after a sexual assault including physical injuries, sexually transmitted infections, and pregnancy. Unless the person is under the age of 16, hospital staff will not report the sexual assault to the police without the person’s permission. The Sexual Assault Nurse Examiner Program (SANE) is a specialized program available to people in the Avalon Region. SANE is located at St. Clare’s Hospital in St. John’s. Transportation can be arranged through local hospitals or through the police. SANE is a free service provided to all genders 16 years of age and over and is available 24 hours a day. ix With the person’s consent, they can: • Carefully examine and give medical treatment for injuries • Evaluate the risk of pregnancy and contracting sexually transmitted infections and treat appropriately • Collect evidence to be stored for up to one year if the person does not want to report immediately
Notes ……………………………………………………………………………………………………………………………………….…………………………………………… ………………………………………………………………………………………….………………………………………………………………………………………… …………………………………………….……………………………………………………………………………………………………………………………………… .……………………………………………………………………………………………………………………………………….………………………………………… …………………………………………………………………………………………….……………………………………………………………………………………… ……………………………………………….………………………………………………………………………………………………………………………………… …….……………………………………………………………………………………………………………………………………….…………………………………… ………………………………………………………………………………………………….……………………………………………………………………………… ……………………………………………………….…………………………………………………………………………………………………………………………… ………….……………………………………………………………………………………………………………………………………….……………………………… ……………………………………………………………………………………………………….…………………………………………………………………………… ………………………………………………………….………………………………………………………………………………………………………………………… …………….……………………………………………………………………………………………………………………………………….…………………………… ………………………………………………………………………………………………………….………………………………………………………………………… …………………………………………………………….……………………………………………………………………………………………………………………… ……………….……………………………………………………………………………………………………………………………………….………………………… …………………………………………………………………………………………………………….……………………………………………………………………… 6
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Reporting to the Police Safety and health are first priority. If the person is in immediate threat of harm, it is the duty of the service provider to call 9-1-1 or the police. If the person is not in immediate threat of harm, reporting to police is the decision of the survivor. As service providers, unless you are a lawyer, you should not give general or legal advice and you cannot provide specific information on their case. For example, a service provider would not be able to answer “How long is this going to go on in court?”, but instead can give detailed information regarding what the reporting process entails.x
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People can report by calling or going to the RNC or RCMP. They can report at any time regardless of when the sexual assault took place. It is important to keep as much evidence as they can. It is recommended that: they try not to wash, change their clothes, take medication, other drugs, or alcohol. If they need to change or already done so, put anything they were wearing (including tampons or pads) in a paper bag or in a clean (off the roll) kitchen or garbage bag. Leave the kitchen or garbage bag open as sealing it can damage the evidence. Patrol officers will respond to their call. The police will want to know what happened and may ask a lot of questions. They will want to collect as much evidence and information as possible. They may want to take pictures of the person’s injuries and will bring them to the hospital to collect evidence and take care of their medical needs. They will receive medical attention and evidence will be collected (with their consent). The sexual assault evidence kit will be used to collect evidence. It can be a lengthy process, though the person can stop at any point during the exam or evidence collection. The person may want to bring an extra set of clothing to the hospital. Police will take a detailed statement from the person. This statement is often videotaped. Police will continue to investigate and will collect all available evidence. They will interview all witnesses and the perpetrator (“the accused”) if the person has been identified. After the investigation is complete, police will decide if there is enough evidence to lay charges and will lay charges accordingly. When the police lay charges, the file then goes to the Crown Prosecutor’s office. The Crown will also assess the evidence to decide if the case can go to trial. The Crown can withdraw the charges if warranted. The perpetrator can plead guilty or not guilty. If the perpetrator pleads guilty, there is no need for a trial. If the perpetrator pleads not guilty, there may be a preliminary inquiry. The goal of this inquiry is to determine if there is enough evidence to proceed with a trial. The survivor would likely have to testify during the inquiry. Survivors also have to testify during trial. There are means by which a survivor can testify without entering the court room if approved by the courts, for example testifying via video link.
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The Criminal Court Process xi Police recieve COMPLAINT INVESTIGATE ARREST/DETAIN Suspect if there’s enough EVIDENCE to lay a charge
Suspect not charged if there is not enough EVIDENCE
Police prepare INFORMATION. Accused is charged with offence Accused is RELEASED until the appearance in Court, usually with conditions
Accused is held in CUSTODY until the first appearance in court
FIRST APPEARANCE in Court Victim does not need to be there. Accused is usually present, may be represented by a lawyer. Accused is informed of charges, right to counsel and then elects the mode of trial. Accused is released until the next court date or attends a bail hearing to determine whether the accused will be released and on what conditions. If provincial court is elected then the accused enters a PLEA of guilty or not guilty. If Supreme Court is elected, the accused can request a preliminary inquiry or can set a date for arraignment. There may be several court appearances throughout the process. PRELIMINARY INQUIRY Court proceeding where Judge will decide if there is enough evidence for a trial, If not, charges are dropped. If there is enough evidence, a date will be set for a trial. Setting a date for trial will happen at a later date. ARRAIGNMENT First appearance in Supreme Court where the charges are read to the accused, the accused enters a plea and a date is set for trial TRIAL Both accused and victim must appear. Evidence is presented. Both parties can give TESTIMONY and may be cross-examined along with other witnesses. Judge and/or Jury will decide if accused is guilty or not guilty.
If GUILTY accused can be sentenced and victim can prepare VICTIM IMPACT STATEMENT
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If NOT GUILTY Accused will be released and the matter is dismissed
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Information for Service Providers in Newfoundland & Labrador
The Civil Court Process People may choose to sue the perpetrator for assault, battery or intentional infliction of emotional distress. People may choose to sue third parties for negligence if this led to the sexual assault. A civil lawsuit does not assign criminal responsibility. The focus of a civil lawsuit is compensating the survivor for the damages they suffered. The main goal of the civil court process from a legal perspective is for both parties to settle through negotiation. The parties are required to try to agree on a settlement without going to a trial. xii
Caring for Yourself Whether you are a survivor, a service provider, or both, living with sexual assault and its impacts can be life changing and at times incredibly difficult. Know that you are not alone. There are people who care and they are waiting to listen and to talk with you on the toll-free 24-Hour Sexual Assault Crisis, Support & Information Line: 1-800-726-2743.
Resources (Province-Wide) 1. Emergencies…………………………………………………………………………………………………………………………... 911 2. Royal Newfoundland Constabulary (RNC)………………………………………………………………………….. Hearing Impaired………………………………………………………………………………………………………….… 1-800-363-4334 Northeast Avalon (St. John’s, Mount Pearl, Paradise, CBS)……………………………….......... 709-729-8000 Corner Brook……………………………………………………………………………………………………............... 709-637-4100 Labrador City……………………………………………………………………………………………………............... 709-944-7602 Churchill Falls…………………………………………………………………………………………………….............. 709-925-3524 3. R oyal Canadian Mounted Police (RCMP) Please contact your local detachment or call …………………………………………………………………………………... 1 800 709 7256 4. Sexual Assault Crisis, Support & Information Line………………………………………………….............. 1-800-726-2743 Providing non-judgemental support and essential services to adults impacted by sexual violence
5. Mental Health Crisis Line……………………………………………………………………………………………………… 1-888-737-4668 A 24 hour, 7 day a week provincial telephone crisis service for people experiencing mental health problems
6. AIDS Committee of NL…………………………………………………………………………..…………………………… 1-800-563-1575 Providing HIV services, Safe Works Access Program (SWAP), supportive housing and emergency shelter
7. Iris Kirby House……………………………………………………………………………………….....…………….............. 1-877-753-1492 Providing emergency housing, advocacy and support to women experiencing abusive households (Shelters in St. John’s and Carbonear)
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Resources (Province-Wide) CONTINUED 8. MUN Sexual Harassment Office (All campuses and Institutes)………..…………………………....… 1-709-864-2015/8199 http://mun.ca/sexualharassment - Providing advice, information and support to all MUN members who have experienced sexual harassment and sexual assault.
9. NL Legal Aid Commission……………………………………………………………………………………….....……...… 1-800-563-9911 Providing a range of legal services to low income individuals in areas of family and criminal law
10. Planned Parenthood, NL Sexual Health Centre………………………………………………………………… 1-877-666-9847 Pro-choice sexual health centre
11. Public Legal Information Association of NL…………………………………………........……………………… 1-888-660-7788 For general legal questions or to access the Lawyer Referral Service
12. Transition House Association of NL…………………………………………........……………….............……… 1-709-739-6759 Providing housing, income support, victim services & legal assistance. To find a shelter in your region: http://www.thanl.org/find-shelter/
13. Warn Other Workers (WOW) Line…………………………………………........……………….............……… 1-800-726-2743 An anonymous, 24/7 toll-free phone line that sex workers can call to share information about assaults or get direct support from a crisis line volunteer
Resources (within the Avalon Region and Clarenville) 1. Sexual Assault Nurse Examiner Program (SANE), St. Clare’s Hospital.............................…. 777-5865 A healthcare and evidence collection service provided to individuals who have been sexually assaulted. or 777-5502/777-5501 2. Victim Services
A voluntary, free and confidential justice service for victims of crime.
St. John’s…………………….……………....................……………………………………………………............... 729-0900 Clarenville…………………….……………....................……………………………………………………............. 466-5808 Carbonear…………………….……………....................……………………………………………………............. 945-3019/3046 3. Advanced Education & Skills
Specialized programs for victims of violence http://www.aes.gov.nl.ca/department/contact.html
Income support and emergency services.....……………………………………………………............... 1-877-729-7888 TTY.....……………………………………………………............................................................................. 1-877-292-4205 4. Marguerite’s Place Supportive Housing.....……………………………………………………........................ 753-0220 Providing apartments and support for single women over the age of 30 without dependents and living on low income.
4. St. John’s Women’s Centre.....……………………………………………………............................................. 753-0220 Providing women-centred, community-based programs delivered within a safe, non-judgemental, open, and caring environment.
5. Safe Harbour Outreach Project (SHOP).....……………………………………………………..................... 771-7171 Providing support for women who engage in sex work or survival sex in St. John’s and surrounding areas.
6. Stella’s Circle…………………….……………....................……………………………………………………................ 738-8390 Offering services for adults who have faced challenges such as poverty, mental health, conflict with the law, addictions, history of abuse or neglect.
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The NL Sexual Assault Crisis and Prevention Centre is committed to inclusiveness and accessibility. If you have any questions or comments, or would like to have this infographic in a format accessible to you, please email outreach@endsexualviolence.com or call 709-747-7757. This infographic has been brought to you by The CARE Project from the NL Sexual Assault Crisis and Prevention Centre, October 2015. Staff of the NLSACPC would like to thank the Fredericton Sexual Assault Centre for their support with this project and the development of this infographic. The CARE Project is working to increase collaboration and coordination among service providers in the Avalon Region as they work to support survivors. After an extensive needs assessment carried out across the Avalon, service providers shared needs such as: increase direct services and accessibility, increase capacity to be more informed of the specific issues survivors face, increase capacity to be more informed of the services that exist in order to have a more coordinated approach, and increase prevention efforts with a focus on education. The CARE Project is working to meet these needs by increasing collaboration, sharing the research, and developing programming for next-steps. If you would like to become involved or would like this information in an alternative format, please email outreach@endsexualviolence.com or call 1-709-747-7757. Join the conversation and have your voice heard! /EndSV
@NLSACPC #CAREprojectNL
Maire Gannon & Karen Mihorean, “Criminal Victimization in Canada, 2004” Juristat 85-002-XPE (Ottawa: Statistics Canada, 2005). Police-reported crime statistics in Canada, 2014 by Jillian Boyce, Canadian Centre for Justice Statistics. Published by Statistics Canada: July 22, 2015. iii Jillian Boyce, Adam Cotter and Samuel Perreault (2014). Police-reported crime statistics in Canada. Canadian Centre for Justice Statistics. http://www.statcan.gc.ca/pub/85-002-x/2014001/ article/14040-eng.pdf iv J ohnson, H. (2012). Limits of a Criminal Justice Response: Trends in Police and Court Processing of Sexual Assault. Law, Legal Practice and Women’s Activism. v 1 . Scrim, K (2010). Victims of Crime Research Digest: Aboriginal Victimization in Canada. Department of Justice. 2. Amnesty International (2004). Stolen Sisters: Discrimination and violence against Indigenous women in Canada. 3. Shannon, K. et al. (2009) Prevalence and structural correlates of gender based violence among a prospective cohort of female sex workers. BMJ. 4. Ottawa Rape Crisis Centre (2010). Sexual Assault Statistics Information. vi S tatistics provided by the Sexual Assault Nurse Examiner Program (2015). Available upon request. vii T he Fredericton Sexual Assault Response Team (2014). After sexual assault: A guide for survivors of sexual assault. viii V ictim blaming is the tendency to blame the survivor for the assault. Victim-blaming attitudes marginalize the survivor and make it harder to break the silence. Examples of victim-blaming include: “she provoked him”, “they both have problems” or “he was drunk.” ix T he service is provided free of charge to children and youth under the age of 16 by making an appointment at the Janeway. x T he Fredericton Sexual Assault Response Team (2014). After sexual assault: A guide for survivors of sexual assault. xi Public Legal Information Association of Newfoundland and Labrador (2007). Family Violence Getting Help. xii Ontario Women’s Justice Network (2011). Legal Options – Civil Claims. http://owjn.org/owjn_2009/legal-information/aboriginal-law/97 xiii T hese needs were identified by service providers in the Avalon Region of Newfoundland and Labrador in 2015. Please contact outreach@endsexualviolence.com to request the full report. i
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