Victim representation for sexual history evidence in Ireland: A step towards or away from meeting victims’ procedural justice needs?

2019 ◽  
Vol 20 (4) ◽  
pp. 416-432 ◽  
Author(s):  
Mary Iliadis
Keyword(s):  
Sexual Assault ◽  
Sex Offenders ◽  
Procedural Justice ◽  
Primary Source ◽  
Sexual History ◽  
Criminal Trials ◽  
Legal Representation ◽  
Assault Victims ◽  
High Level ◽  
Criminal Justice Professionals

Sexual assault cases have historically resulted in persistent victim dissatisfaction with, and alienation from, the prosecution process. As a result, some adversarial jurisdictions have moved contentiously towards integrating victim participation rights within the legal process to address sexual assault victims’ procedural and substantive justice concerns. The introduction of section 34 of the Sex Offenders Act 2001 (IRE), which allows a victim to access state-funded legal representation to oppose a defendant’s application for the introduction of the victim’s sexual history evidence in court, is one such example. Drawing from five interviews conducted with high-level criminal justice professionals, legal stakeholders and victim support workers, and an analysis of primary source documents, including legislation and reports, this article argues that, although section 34 represents a unique response to the problems raised by the use of a victim’s sexual history evidence in criminal trials, its shortcomings may hinder its capacity to improve sexual assault victims’ procedural justice experiences in ways unanticipated from its introduction.

scholarly journals When Privacy is Not Enough: Sexual Assault Complainants, Sexual History Evidence and the Disclosure of Personal Records

1969 ◽  
Author(s):  
Lisa Gotell
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Justice System ◽  
Criminal Code ◽  
Sexual History ◽  
Third Party ◽  
Privacy Law ◽  
Canadian Criminal Code ◽  
Assault Victims ◽  
Sexual Assault Case

How can the rights of sexual assault victims be balanced against the rights of the accused in a sexual assault case? Sexual assault remains one of the most under-reported crimes in Canada, largely due to the invasion that results once a sexual assault is reported. Distrust of the criminal justice system continues to deter reporting. Recent amendments to the Canadian Criminal Code aim to protect sexual assault complainants by regulating the introduction of sexual history evidence and third-party records, such as counselling and therapy. However, courts in Canada have increasingly used a standard based on privacy law lo interpret these provisions. Does privacy law serve as a useful framework by which to evaluate this legislation? This article explores the gendered issues of privacy law, challenges the privacy approach to the sexual assault provisions of the Criminal Code, and explores a more balanced alternative.

scholarly journals 986. Improvement in Administration of HIV Post-Exposure Prophylaxis in the Emergency Department Following Sexual Assault

2020 ◽  
Vol 7 (Supplement_1) ◽  
pp. S521-S522
Author(s):  
Jennifer R Silva-Nash ◽  
Stacie Bordelon ◽  
Ryan K Dare ◽  
Sherrie Searcy
Keyword(s):  
Emergency Department ◽  
Sexual Assault ◽  
Hiv Transmission ◽  
Post Exposure Prophylaxis ◽  
Intervention Period ◽  
Post Intervention ◽  
Post Exposure ◽  
Assault Victims ◽  
Exposure Prophylaxis

Abstract Background Nonoccupational post exposure prophylaxis (nPEP) following sexual assault can prevent HIV transmission. A standardized Emergency Department (ED) protocol for evaluation, treatment, and follow up for post assault victims was implemented to improve compliance with CDC nPEP guidelines. Methods A single-center observational study of post sexual assault patients before/after implementation of an ED nPEP protocol was conducted by comparing the appropriateness of prescriptions, labs, and necessary follow up. A standardized order-set based on CDC nPEP guidelines, with involvement of an HIV pharmacist and ID clinic, was implemented during the 2018-2019 academic year. Clinical data from pre-intervention period (07/2016-06/2017) was compared to post-intervention period (07/2018-08/2019) following a 1-year washout period. Results During the study, 147 post-sexual assault patients (59 Pre, 88 Post) were included. One hundred thirty-three (90.4%) were female, 68 (46.6%) were African American and 133 (90.4%) were candidates for nPEP. Median time to presentation following assault was 12.6 hours. nPEP was offered to 40 (67.8%) and 84 (95.5%) patients (P< 0.001) and ultimately prescribed to 29 (49.2%) and 71 (80.7%) patients (P< 0.001) in pre and post periods respectively. Renal function (37.3% vs 88.6%; P< 0.001), pregnancy (39.0% vs 79.6%; P< 0.001), syphilis (3.4% vs 89.8%; P< 0.001), hepatitis B (15.3% vs 95.5%; P< 0.001) and hepatitis C (27.1% vs 94.3%) screening occurred more frequently during the post period. Labratory, nPEP Prescription and Follow up Details for Patients Prescribed nPEP Conclusion The standardization of an nPEP ED protocol for sexual assault victims resulted in increased nPEP administration, appropriateness of prescription, screening for other sexually transmitted infectious and scheduling follow up care. While guideline compliance dramatically improved, further interventions are likely warranted in this vulnerable population. Disclosures Ryan K. Dare, MD, MS, Accelerate Diagnostics, Inc (Research Grant or Support)

Making the Call: College Students’ Legal Consciousness and Hypothetical Activation of Police for Sexual Assaults

2021 ◽  
pp. 107780122110211
Author(s):  
Trish Oberweis ◽  
Dayna Henry ◽  
Stacey Griner ◽  
Ekaterina Gorislavsky
Keyword(s):  
College Students ◽  
Sexual Assault ◽  
Sexual Contact ◽  
Legal Consciousness ◽  
Sexual Assault Prevention ◽  
Sexual Assaults ◽  
Assault Victims ◽  
Definition Of ◽  
Willingness To Report ◽  
Assault Prevention

Research has identified the necessity of sexual assault victims to label their experience as criminal to initiate reporting. However, barriers exist in labeling uninvited sexual contact as criminal. This study examined college students’ assessments of whether eight nonconsensual behaviors met the legal definition of sexual assault, and whether such behaviors should be reported to police. Results indicated students acknowledged the nonconsensual behaviors as criminal; however, gaps were identified between awareness that the acts were criminal and willingness to report to police. Findings demonstrate a need for continued efforts for sexual assault prevention among college students.

In Camera Inspections of Privileged Records in Sexual Assault Trials: Balancing Defendants' Rights and State Interests Under Massachusetts's Bishop Test

1995 ◽  
Vol 21 (1) ◽  
pp. 131-164
Author(s):  
Ellen M. Crowley
Keyword(s):  
Sexual Assault ◽  
State Legislatures ◽  
State Legislature ◽  
Fair Trial ◽  
Criminal Trials ◽  
Public Scrutiny ◽  
Constitutional Right ◽  
Case Basis

A sexual assault trial requires a court to balance evidentiary privileges enacted by a state legislature against a criminal defendant's constitutional trial rights. State legislatures enact various privileges which either limit or prohibit the discovery of confidential communications in criminal trials. Such statutes reflect a firmly based legislative effort to protect citizens’ private and personal confidences from unwarranted public scrutiny. When a defendant charged with sexual assault seeks to compel discovery of the victim's privileged medical, psychiatric, or counseling records, a conflict inevitably arises. States and victims assert that courts must respect statutory assurances of confidentiality; defendants assert that their constitutional right to a fair trial and their right to confront the witnesses and evidence against them mandates disclosure. Resolution of this pressing conflict requires a careful balancing of both the state's and defendant's interests on a case by case basis.

Audit on management of sexual assault victims attending an integrated sexual health service in Coventry

2019 ◽  
Vol 30 (9) ◽  
pp. 911-914
Author(s):  
Billakanti Swarna Kumari ◽  
Shyamalie Bopitiya ◽  
Anne Bassinder ◽  
Satyajit Das
Keyword(s):  
Sexual Assault ◽  
Health Service ◽  
Sexual Health ◽  
Holistic Approach ◽  
Ethnic Origin ◽  
Post Exposure Prophylaxis ◽  
Transmitted Infection ◽  
Sexual Health Service ◽  
Assault Victims ◽  
Hiv Risk Assessment

The management of victims of sexual assault need a holistic approach. The British Association of Sexual Health and HIV (BASHH) has set up standards for the management of sexual assault victims attending Sexual Health Clinics. We audited the management of victims of sexual assault attending an integrated sexual health service against recommendations from the latest BASHH guidelines. We included the recommendations and implementations already in place following an earlier audit in 2013 using the same guideline. Sixty-seven individuals identified themselves as victims of sexual assault. Most were of white ethnic origin (78%), female (96%) and the commonest age group was 18–25 years (39%). We achieved the 100% target in recording the date of assault, offering baseline sexually transmitted infection (STI) screening, HIV risk assessment, offer of post-exposure prophylaxis (PEP) for HIV where applicable and offer of emergency contraception. We were below the 100% target for other categories but improved compared to the previous audit except in recording the time when the first dose of PEP for HIV was given. The BASHH guideline has 14 auditable standards, all with a target of 100%. Our audit cycle completed in three years showed considerable improvement in achieving the standards in the management of Sexual Assault Victims. We hope this will encourage other centres audit their practice against the standards set by BASHH.

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