Few incidents of sexual assault are reported to police, and only a fraction result in charges being laid and proceeding to trial, though relative to previous five-year periods the proportion of cases that saw charges filed, court hearings held, conviction and sentencing has declined substantially.
The collection оf evidence іn Canadian sexual assault cases plays a crucial role іn the investigation and prosecution оf these crimes. Proper evidence collection and preservation can help tо strengthen the case against the accused and bring justice tо victims.
Evidence Collection
As part of an investigation and prosecution for sexual assault, evidence collection plays an integral part. This may include medical exams for sexual assault victims and witnesses as well as records such as sex offense records or DNA samples collected against offenders.
Decisions on whether or not victims/survivors present at hospitals should be determined based on individual circumstances and level of mental ability (i.e. if they can make decisions without assistance from others).
Though Manitoba’s Ministry of Health claims all hospitals are equipped with SAEKs, VICE News spoke with front-line workers who dispute this claim. Only some hospitals possess and are trained to administer SAEKs; others must travel hours just to reach one. (For further details see Quinlan 2017). Lacking access to SAEKs means critical evidence is often lost.
Chain of Custody
Chain of custody documentation establishes an accountability of who held possession of evidence from its collection to court presentation, in order to guarantee its authenticity and ensure no changes were made after collection.
Incident type and other characteristics also play a factor in how incidents progress through the criminal justice system, with intimate partner violence incidents of level two or three severity having higher attrition rates between police and courts than less severe ones.
Timeliness in processing an incident can have an enormous effect on its attrition rate. Lengthy cases can create additional emotional burdens and cause secondary feelings of victimization or trauma among victims, witnesses, and all participants (Haskell & Randall 2019; Senate Canada 2017). Furthermore, delays prevent us from easily recalling information and memories relevant to its resolution.
Witness Testimonials
Eyewitness testimony is an integral component of the legal system; however, decades of research indicate that its credibility may sometimes exceed what can be demonstrated with certainty.
Eyewitness testimony allows witnesses to give accounts of what happened in specific incidents they witnessed first-hand. Recollections can be powerful; however, research supports psychologists’ assertions that memories may be unreliable due to influences such as environment or manipulation by authorities.
While witnesses often have good intentions when providing testimony to law enforcement officials, their memories can easily become clouded with inaccurate or false information after witnessing an attack. Such errors could misdirect an investigation or lead to incorrect convictions.
Poor eyewitness identification can be compounded by limited access to rape kits. According to frontline workers interviewed by VICE News, improving sex evidence collection is crucial in avoiding mistakes made during prosecutions; yet many communities lack easy access to simple packages of tools – like head hair and oral swabs – needed for collecting this evidence forensically. And even hospitals offering SAEK programs don’t always provide physicians who possess appropriate forensic training or secure storage options for SAEK kits.
Courtroom Testimonials
Although initially intended to provide objective evidence in court cases, rape kits have now become one of the many tools used to further marginalize sexual assault victims. Their reliance on bio-evidence suggests that victim testimony cannot be trusted and may not be taken seriously.
Canadian provincial health and justice departments often disagree on whether to make rape kits available. Nova Scotia recently began rolling out a network of nurses trained to use such kits; however, their coverage can’t reach all rural communities due to bus service limitations, while even within Halifax where this program resides accessing hospital for forensic examination can often prove challenging for victims who have already reported to authorities.
British Columbia currently offers 63 facilities that provide SAEKs; however, a spokesperson from the Ministry of Health would not confirm whether all stock rape kits or have physicians with specialty training. According to front-line workers and specialists working directly on front lines of care delivery, better access is possible, but requires investment of both time and money; possible solutions could include subsidizing mobile forensic nurse units or purchasing freezers for health centers – just a couple examples among many.