Initiatives

Data Collection

An important component of the project is the collection and analysis of multi-agency and community data , coordinated through End Violence Against Women staff, to provide a detailed picture of the basic characteristics of sexual assault in participating communities. It is hoped that analysis of this data will allow us to better understand how many sexual assault victims report their crime to police, and how the characteristics of their assaults determine whether their case will proceed through the entire criminal justice system to prosecution and conviction.

Additionally, linking this analysis with data from sexual assault victims seeking help from advocacy and other victim service organizations, will assist in determining if characteristics of assaults reported to them are similar or different to those reported to law enforcement and subsequently processed through the criminal justice system. This information will be useful for:

improving support to victims of typical cases of sexual assault where the probable defense is consent,
the collaborative development of integrated community strategies to overcome obstacles and barriers to challenging the status quo
improving the collection of evidence
improving community education
improved ability for prosecutors to anticipate and respond to legal arguments

Detailed information is available on the data collection efforts, including the basic research design and the research materials are available for use by any interested professionals. A summary report (PowerPoint) is available for data submitted by the 8 U.S. MAD communities for the period of time from January to July 2004. Canadian data will be added when collection processes are finalized.

Ongoing data collection and analysis will assist EVAW International staff to test these hypotheses and to help us all better understand how a cadre of dedicated professionals are currently Making a Difference in participating communities in both countries.

Legal Research

The Donner Canadian Foundation has generously provided funds for sexual assault related legal research. Research priorities identified by Canadian communities include:

The use of pretext phone calls as an investigative strategy - legal foundations, charter requirements, and evidence gathering techniques. For detailed information see the Members Only Section.
Identification of case law and development of strategies and justifications for putting forward arguments to require a bona fide basis for asking questions on cross examination and thereby prevent the defense from asking questions for which there is limited foundation. This information has been compiled into a "Prosecutor Objection Tool", available on the Members Only Section.
identification and development of strategies to use expert witnesses and social science research to combat rape myths and stereotypes to equip prosecutors with an understanding of the use of this type of evidence to pre-empt and rebut sexual assault myths used by the defence or internalized by judges and juries.

Members of the Supreme Court of Canada have noted many victims will not see their cases prosecuted because their facts do not conform to myths and stereotypes about "real" sexual assault and victims. Prosecutors drop cases based on their anticipation that judges and juries have internalized these myths and that they would be unlikely to convict in the circumstances despite the presence of all the elements of the offense. There is significant published, peer-reviewed research available that outlines the true profile of sexual assault and describes why victims may behave in ways that seem counterintuitive.

Team members have indicated that use of expert witnesses and social science research by the Crown in sexual assault trials has so far been limited. This initiative will include documentation on the successful employment of expert testimony and social science research in Canada, and the development of a reference tool for prosecutors.

Standardization of Sexual Assault Forensic Examination Kits

Participants identified that kit format, content, labeling, instructions/protocols for their use, and evidence collection training requirements were variable not only across the country, but within many of the communities. Having multiple and variable kits within a community/region presents challenges for sexual assault forensic medical examiners and prosecutors, and makes it necessary to have multiple policies and procedures.

Participating teams undertook a national overview of kit contents and usage instructions to:

Compare content and guidelines to generate discussion and implementation of best practices.
Permit standardization of content, policies, and procedures, as appropriate, within regions and communities, and
Develop guidelines, policies, procedures and training to ensure that evidence is collected in a manner that is the least intrusive for the victim, and is most supportive in building a case for prosecution. Research findings available on the Members Only page

Submission to the Auditor General's Audit of the RCMP Forensic Laboratories

The project was invited to make a joint submission to the Auditor General's Audit of the RCMP Forensic Laboratories. A copy of the submission, focused on the challenges presented by delayed analysis response times and the need for stakeholders to have input into the provision of forensic laboratory services was prepared and submitted.

The report submitted provided examples from across the country of investigative and prosecution challenges encountered, and concluded by noting that the human tragedy associated with delays, and the additional opportunity time delays provide for sexual predators and offenders to commit additional crimes, clearly highlight the need for the justice system to make every effort to speedily get offenders off the street, and brought to justice. It also reflected team member feeling that permitting stakeholder input into the provision of lab services and improving lab response times will have a direct and positive impact on reducing victim suffering and improving the justice system's ability to deal with sexual predators and offenders more quickly.

The Auditor General tabled the report in the House of Commons in May, 2007. The report is available at http://www.oag-bvg.gc.ca/.

Investigator Handbook for Drug Facilitated Sexual Assault

A practical investigator’s guide that outlines how evidence in drug facilitated sexual assault cases should be gathered, preserved, and presented to maximize the likelihood of successful prosecution has been developed for use by victim services, support workers, police, forensic medical examiners and prosecutors. A copy of the guide is available on the Members Only page.

If you are not a member of Making a Difference Canada, but are working in the area of sexual assault, and are interested in any of the research or documents referenced, please send an email to us at info@makingadifferencecanada.ca.

Forensic Research

The Making a Difference Canada team is pleased to be associated with the Forensic Research Network, established by Mount Royal University, Calgary, under the direction of Making a Difference team member, Dr. Cathy Carter Snell. The network is involved in a number of research initiatives listed below.

Forensic Research Initiatives