Obstacles
to Justice
Research Project
Project Description &
Questions
Sexual assault is a crime like no other. Women who have survived a sexual assault have been violated in a most fundamental and intimate way. If and when they turn to the legal system for help following such a devastating experience, they are seeking and expecting support, protection and validation. Unfortunately, this is most often not what the legal system delivers.
This Obstacles to Justice research project was initiated by several Francophone and anglophone women's groups working in the area of violence against women in Ontario, and concerned about women's negative experiences with the legal system when they report a sexual assault. Representatives of these groups are participating in an advisory committee which provides input, consultation and direction for this project.
The goal of the project is to identify current legal issues and obstacles discouraging women from reporting sexual assault to the police, and preventing their access to the justice system. The focus will be both new and ongoing problems encountered by women. The project will also identify and gather examples of successful lobbying strategies which have helped individual women to obtain better access to, and treatment by, the justice system, as well as collective strategies, measures and actions to bring about systemic change for all women.
As a result of this project, we will produce a report which we hope will be useful as a tool to mobilize women and their advocates to develop and implement a long-term action plan for change.
If you are:
- a woman who experienced sexual assault and chose not to report it to the police; or
- a woman who experienced sexual assault and did report it to the police, whether or not your case went to court; or
- an advocate for women who are survivors of sexual assault;
and you would like to participate in our research by sharing your experience, then we invite you to contact us either by telephone or by e-mail before September 5, 2003 at (obviously it's been extended since DAWN received this Sept. 19, 2003):
Telephone (toll free):
1-866-613-4303
OR
email : aocvf@francofemmes.org
(please use the following text in subject field - "Obstacles to Justice
Research Project" of your email message)
Thank you for your interest in our project.
The advisory committee for the Obstacles to Justice research project
Questionnaire
Tell us what region you live in, by selecting whatever applies to you:
Region:
North [ ]
North-West [ ]
North-East [ ]
Centre [ ]
Centre-South
[ ]
Central Ontario [ ]
East [ ]
Community:
Urban [ ]
Rural [ ]
Questions
1. What are women saying about why they do not want to call the police following a sexual assault? For example, have women experienced any of the following :
a) Police resistance to taking information & opening a file:
b) The abuser is a police officer:
c) Fear of reprisal by the offender following a report:
d) Police history of not responding or following up when Restraining Orders (or other non-communication orders) are breached:
e) Attitudes towards, and treatment of the victim by police officers:
f) Charges are laid against the woman by the police (eg. public mischief):
g) Other:
2. When women choose to report a sexual assault, what kinds of practices, attitudes or actions on the part of key players in the legal system (for example, judges & defense lawyers), negatively affect their experience with the legal system, and the outcome of their case? For example, have women experienced any of the following (please elaborate, and indicate if the situation took place in family or criminal court):
a) Disclosure of the woman's private records:
b) Slander lawsuit brought against the women by the accused:c) Use of the woman's sexual history:
d) Cross-examination of the victim by the accused:
f) Evidence of bias or negative attitudes towards the victim:
g) Screening and exclusion of potential jurors who may be sexual assault survivors:
h) Other:
3. Have you noted any obstacles being experienced by particular groups
of women, such as:
a) Native women (including women on reserves):
b) Women who are immigrants or refugees:
c) Women of colour or racialized women:
d) Francophone women:
e) Women living in poverty:
f) Homeless women:
g) Women who are lesbian, bisexual or transgendered:
h) Women belonging to ethnocultural or religious minorities:
i) Young women:
j) Women with disabilities (eg. physical or intellectual):
k) Deaf women:
l) Psychiatrized women:
m) Women who are sex-trade workers:
n) Other:
4. When you are describing the legal system to a women who is considering
reporting a
sexual assault to the police:
a) What is the key message you hope to communicate?
b) How do you communicate this message? What kind of information do you give (eg. stories and examples of other women's experiences; a neutral description of the legal system; etc.) and how do you frame it?
c) In what form is the information given? (eg. verbal, written):
n.b. if the information is given in written form, would it be possible to receive a copy?
5. Please tell us about any advocacy strategies you have identified and successfully used:
a) to push the legal system to better accommodate an individual woman's needs:
b) increase individual women's access to the legal system.
6. Please tell us about any short-term and long-term lobbying strategies you have identified and which have been successfully used to bring about change to the legal system for all women. If you have any ideas of lobbying strategies for change, please share them as well.
7. Is there anything
else you think is important concerning women's experiences in the legal
system after they report sexual assault?
If you have more to share concerning these issues, and wish to participate in a more in-depth telephone interview, please call (toll free) 1-866-613-4303 or write to aocvf@francofemmes.org to set this up.
Thank You!
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Page last updated September 20, 2003