The Barreau du Québec wants to promote the options available to victims of sexual assault

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The judicial system is rather “rigid”, the Barreau du Québec wishes to promote the different options available to victims of sexual assault when the time comes to denounce, in particular, in considering the civil remedies.

Kathryne Lamontagne

Tuesday, 12 December 2017 12:24

UPDATE
Tuesday, 12 December 2017 12:32

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The judicial system is rather “rigid”, the Barreau du Québec wishes to promote the different options available to victims of sexual assault when the time comes to denounce, in particular, in considering the civil remedies.

The Barreau du Québec has presented Tuesday its recommendations to improve the handling of the court records of sexual assault, in the view of the forum on sexual violence to be held Thursday in Quebec city. The seven tracks of shares arising from the work undertaken by a reflection group composed of lawyers, in the beginning of the year.

“Know that we, we are well aware that the current treatment of sexual assault is not ideal. I had said earlier in the year that our justice system was rather rigid compared to it. It was time to make a few proposals”, commented the president of the bar of Quebec, Me Paul-Matthieu Grondin.

Civil

The victims are often poorly equipped to face the judicial process, the law society aims to promote free legal consultation to better know the applicable law.

“To explain the system. We want to make the promotion of these different tools of the existing system, avenues that are not often seen,” says Me Grondin, citing as an example the civil suit.

In criminal law, the accused is entitled to the presumption of innocence and will not be condemned if it is found guilty beyond a reasonable doubt. In civil law, the burden of proof is different and the victim may be entitled to a monetary compensation, summarizes the president of the bar. “I’m simplifying to excess, but it is believed one person or the other, eventually, expose it.

Prescription

Currently, victims of sexual assault who wish to begin a civil redress must do so within the 30 years following the crime. The Bar association demand the abolition of this limit, to make the procedure imprescriptible.

And denunciation in the media ? “I understand what is happening in this moment, ahead of-t-he. Yes, some people make denunciations. As bâtonnier of the Quebec, use the legal system, but improve it.”

Method Philadelphia

Among the other measures raised, the law society would like to see the method Philadephia, which is currently the subject of a pilot project of the Sûreté du Québec, to be applied to all police. The method Philadelphia allows review of records of sexual offences deemed unfounded by a committee composed of community organizations.

The law society also recommends that the patrollers, who are often the first responders to collect victims ‘ complaints, are provided with basic training in the field. The organization also offers to the defense attorneys to receive training on best practices of cross-examination of vulnerable persons, including victims of sexual assault.

“Just so that people can have, again, a better confidence in the system of justice,” finish Me Grondin.