Publication Bans: Sexual Abuse and Sexual Assault Cases


On the morning of the preliminary hearing, the Crown Attorney asked the victim in the sexual abuse case if she wanted to have a publication ban placed on the trial. Until that moment, she did not know that it was possible to protect her identity and shield her life from unwanted invasion due to harmful publicity.

She had taken other steps to protect herself. She had moved, changed her phone numbers, cut of communication with friends and family members, and she had even changed her job because she feared the backlash she would face for seeking justice against her offender. The expenses, the personal losses, the stress and anxiety she felt about the case might have been prevented had she known that she could protect her privacy with a simple request to the court.

In sexual abuse and sexual assault cases, the victim(s) has the right to request a publication ban.

According to the Ontario Ministry of the Attorney General, “the media is constitutionally entitled to publish information about court cases, but there are exceptions to this right. The court may (and frequently must) impose publication bans to protect the fairness and integrity of the case, the privacy or safety of a victim or witness, or the identity of a child or youth.” Under the Criminal Code of Canada, two sections apply to victims in sexual abuse and sexual assault cases. These sections prohibit the publishing, broadcasting or transmitting of information:

Section 486.4 provides for orders restricting publication of information that could identify a complainant or witness in a sexual offence

Section 486.5 deals with publication bans on information revealing the names of victims, witnesses and justice system participants, where the order is deemed necessary for the proper administration of justice

When a publication ban is applied, it is noted in the court record. All case documentation is marked with “”PUBLICATION BAN” and the number(s) of the related section(s) of the Criminal Code is also listed. In addition, when members of the public or the media request access to the court record, Ministry staff must inform them that the case is subject to a publication ban.

This makes it possible for survivors of sexual abuse and sexual assault, adults and children, to protect their identity from harmful publicity. Survivors do not need to incur expenses or take extreme steps because the Criminal Code of Canada clearly states the right and provides the tools to protect their identities.

∞∞∞∞∞∞

Always remember that you may have been victimized by sexual violence, but by searching for help you have started your healing.

Survivors Guide

Support for Male Survivors of Sexual Abuse


The province of Ontario has recognized the need to provide services tailored to male survivors of sexual abuse. The government’s plan includes a 2-year investment of $2.2 million to establish dedicated services for male survivors of sexual abuse.

Starting in early summer 2011, male survivors of sexual abuse will have access to an integrated network of services and support through 45 agencies across the province. The agencies will work together to provide training, public education and other professional development services to ensure male survivors of sexual abuse receive the supports they need.

These agencies will co-ordinate the delivery of specialized services for male victims including:

  • individual and group counselling
  • peer support
  • residential services
  • telephone and e-counselling

You may see the complete list of Service Providers here: http://www.attorneygeneral.jus.gov.on.ca/english/news/2011/20110413-male-bg.asp

Survivors will also have access to a new 24 hour, toll-free phone number that will provide crisis and referral services.

The government emphasized that this initiative complements a wide range of existing services that male survivors of sexual abuse can access, noting that The Men’s Project in Ottawa will receive funding to continue to work in the area of men’s services to male survivors of sexual abuse in the Cornwall and Ottawa areas.

A provincial advisory committee of experts is in place to ensure services across the province are rolled out smoothly and effectively, and are responsive to the needs of survivors. Members of the provincial advisory committee include:

  • Dr. Fred Mathews, psychologist and research and quality assurance project lead, Office of the Provincial Advocate for Children and Youth
  • Arthur Lockhart, professor of justice studies at Humber College and founder of The Gatehouse
  • Dr. Peter Jaffe, professor in the Faculty of Education at the University of Western Ontario
  • A representative from Findhelp Information Services and a representative from each of the four regional partnerships
  • A member of the Office for Victims of Crime
  • A representative from the Ontario Victim Services Secretariat

If you have questions or concerns about these services for male survivors of sexual abuse, you may contact the office of the Ontario Attorney General

Toll-free: 1-800-518-7901
Toronto: 416-326-2220
Teletypewriter (TTY) toll-free: 1-877-425-0575
Teletypewriter (TTY) Toronto: 416-326-4012
Email: attorneygeneral@ontario.ca
Mail: Ministry of the Attorney General, McMurtry-Scott Building, 720 Bay Street, 11th Floor, Toronto, ON  M7A 2S9

 

∞∞∞∞∞∞

Always remember that you may have been victimized by sexual violence, but by searching for help you have started your healing.

Survivors Guide

*

Vulnerable Victims and Family Fund


On April 10, the Ontario Attorney General Chris Bentley announced the Vulnerable Victims and Family Fund.

The aim of this $900,000 fund is to help victims of crime and their families as they negotiate the intricacies of the justice system. According to the Attorney General, this new program will allow victims and their families “to participate more fully in the criminal court process”.

This fund will provide both financial and court-based supports to Ontario residents in three ways:

  • Helping both victims of crime and families of homicide victims to travel to attend court during key points in a criminal trial
  • Providing vulnerable victims with interpretation services when they are observing a criminal trial
  • Ensuring that victims with disabilities have appropriate supports, such as real-time captioning or other equipment to help them testify

Under the new program, victims of crime and families of homicide victims should apply through Ontario’s Victim/Witness Assistance Program (V/WAP), which is available in all 54 court districts across the province. V/WAP staff will determine eligibility on a case-by-case basis and help those who may qualify for assistance to apply. To find the V/WAP office closest to you, visit the online Victims Services Directory.

As of May 1, 2011 victims of crime and there families will be able to apply for support through a website.

For additional information about the Vulnerable Victims and Family Fund contact:

Victim Support Line
Toll-free: 1-888-579-2888
Toronto: 416-314-2447

 

Online: Victim Services Directory
http://www.attorneygeneral.jus.gov.on.ca/english/ovss/FindHelp.asp

 

∞∞∞∞∞∞

Always remember that you may have been victimized by sexual violence, but by searching for help you have started your healing.

Survivors Guide

*