Non-US laws/policies/protocols that affect sexual assault survivors
July 24, 2020 12:03 PM Subscribe
I'm looking for non-US-based examples of regional or national laws, protocols, and policies (not including criminal/penal code) that affect sexual assault survivors in a given part of the world.
Basically, I'm trying to demonstrate that sexual assault survivors' recovery may be affected in different ways depending on where they are in the world, and laws/protocols/policies are a key factor that can shape this.
For example, in the US, the Violence Against Women Act increased funding for services for survivors, the National Protocol for Sexual Assault Medical Forensic Examinations affected how sexual assault cases are investigated, and changes in Title IX guidance affected how survivors are treated when they report sexual violence in a university setting. I'm looking for similar examples from non-US countries.
Examples I've found so far (although please correct me if these aren't accurate):
*Many governments in Latin America have passed laws/policies requiring that healthcare professionals address violence against women (although there is regional variation in their implementation)
*The NHS requires the use of evidence-based practices when treating traumatic stress
Basically, I'm trying to demonstrate that sexual assault survivors' recovery may be affected in different ways depending on where they are in the world, and laws/protocols/policies are a key factor that can shape this.
For example, in the US, the Violence Against Women Act increased funding for services for survivors, the National Protocol for Sexual Assault Medical Forensic Examinations affected how sexual assault cases are investigated, and changes in Title IX guidance affected how survivors are treated when they report sexual violence in a university setting. I'm looking for similar examples from non-US countries.
Examples I've found so far (although please correct me if these aren't accurate):
*Many governments in Latin America have passed laws/policies requiring that healthcare professionals address violence against women (although there is regional variation in their implementation)
*The NHS requires the use of evidence-based practices when treating traumatic stress
I should have noted in my answer that a main purpose of this bill is to increase survivors' confidence in the justice system, and hopefully make it easier (and a less stressful experience) for people to report their assault if they are considering that option.
posted by DTMFA at 12:59 PM on July 24, 2020
posted by DTMFA at 12:59 PM on July 24, 2020
Also in Canada, there is a framework for the use of Indigenous-based Restorative Justice principles in resolving cases in a more beneficial way to survivors and has been extensively studied.
As well, Sexual Assualt survivors have the right to legal standing and participating in the trial of their assaulter (I don’t think any other criminal offence grants a legal standing to survivors/victims of crimes). One of the first cases was Caitlyn Coleman having her own lawyer at Joshua Boyle’s trial, who made submissions and filed an appeal while the trial was in process - something traditionalists did NOT like.
Also, health care providers, especially nurses and midwives, screen for abuse/assault.
posted by saucysault at 1:36 PM on July 24, 2020 [2 favorites]
As well, Sexual Assualt survivors have the right to legal standing and participating in the trial of their assaulter (I don’t think any other criminal offence grants a legal standing to survivors/victims of crimes). One of the first cases was Caitlyn Coleman having her own lawyer at Joshua Boyle’s trial, who made submissions and filed an appeal while the trial was in process - something traditionalists did NOT like.
Also, health care providers, especially nurses and midwives, screen for abuse/assault.
posted by saucysault at 1:36 PM on July 24, 2020 [2 favorites]
Ontario has job-protected ten days PLUS15 week leave for survivors (and family members of) domestic violence and sexual assault (unfortunately only the first five days are paid). Domestic violence is also reportable to the employer of the survivor wishes - the employer then has to make accommodations to ensure the safety of all employees. Usually this includes taking the person off public-facing duties, changing their work location, escorting them to/from their vehicle, providing free counselling etc. Ontario has strong tenant protection laws, but sexual assault survivors have added protection in breaking leases early with no penalty.
posted by saucysault at 1:53 PM on July 24, 2020 [1 favorite]
posted by saucysault at 1:53 PM on July 24, 2020 [1 favorite]
The MeFi Wiki ThereIsHelp page offers links to international resources for survivors and victims of sexual violence and abuse, which could help with your research.
posted by katra at 5:12 PM on July 24, 2020
posted by katra at 5:12 PM on July 24, 2020
Longreads links to this: He Stole Their Hearts, Then Their Money. Meet The Women Trying To Catch One Of Canada's Most Prolific Romance Scammers (Courtney Shea, Jan. 17, 2020) [cw: brief mention of suicide] and it discusses the impact of law enforcement and the law on survivors of sexual assault (e.g. "Currently, Canadian courts hold a narrow view of the kind of fraud that would override consent; romance scams don’t meet the courts’ criteria"), and a general bias in the criminal justice system (e.g. "a historically patriarchal justice system where domestic crimes (read: crimes against women) have often been discounted").
And "[t]here is a plethora of objections against the application of restorative justice in the context of sexual assault." Restorative Justice in Cases of Sexual Violence: Exploring the views of the public and survivors. Probation Journal 62(4) · December 2015. In addition, "[t]here is little certainty when it comes to who is best suited, both as victim or offender, and in terms of the types of cases, to participate in RJ processes." Restorative Justice and Sexual Violence: An Annotated Bibliography (Natacha Bourgon and Kyle Coady, Research and Statistics Division, Department of Justice Canada, 2019)
posted by katra at 11:12 PM on July 24, 2020
And "[t]here is a plethora of objections against the application of restorative justice in the context of sexual assault." Restorative Justice in Cases of Sexual Violence: Exploring the views of the public and survivors. Probation Journal 62(4) · December 2015. In addition, "[t]here is little certainty when it comes to who is best suited, both as victim or offender, and in terms of the types of cases, to participate in RJ processes." Restorative Justice and Sexual Violence: An Annotated Bibliography (Natacha Bourgon and Kyle Coady, Research and Statistics Division, Department of Justice Canada, 2019)
posted by katra at 11:12 PM on July 24, 2020
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Prince Edward Island is our first province to have a version of this law for all judges appointed within their province. However, their law states sexual assault training must be a "goal" of continuing education, not an obligation, and it has therefore been criticized as being unenforceable.
posted by DTMFA at 12:52 PM on July 24, 2020 [1 favorite]