OPS Sexual Assault Guide 2023 EN

The victim/survivor’s input into the bail process, including possible conditions of release at a bail hearing, can be provided to the Crown through the investigator and/or V/ WAP. If the police have not released the accused from the police station, the accused must go before a Justice of the Peace (JP) or a judge within 24 hours of the arrest for a bail hearing. If an accused is granted bail, you will be notified of the release by the courts. The accused may be subject to certain release conditions (i.e., no contact with the victim/

survivor), may have to be supervised by a surety and/or may have had to pledge or pay money (either alone or with a surety). V/WAP will be able to provide you with a copy of the conditions of release once they obtain the court file. The victim/survivor will only have to attend court if there is a preliminary hearing and/or a trial and they are subpoenaed. Although the identity of the victim/survivor is always protected, police may issue a media release in relation to the investigation in certain circumstances.

WHAT IF THE OFFENDER IS NOT LOCATED?

Sexual assault cases remain open if the accused has not been located or is “at large.”

General information about the sexual assault, including the date, time, and location of the assault will be included in the news release. The news release will also include a description of the person alleged to be responsible, if that person is not yet known, or it will include the name and age of the person if they have been identified.

Do police always charge the accused?

Sometimes the police will decide not to lay a charge. This does not mean that the police do not believe you or that the sexual assault did not happen. It may mean that there is not enough evidence to prove a criminal charge in court. If this occurs, the investigators can explain why this has happened in your case. The investigators can tell you of other assistance available to you, some of which are listed in this guide. Will everyone know what happened to me? Your privacy is very important to us. When a sexual assault is reported to the police, a review of all the information is completed to determine if a news release is required. Generally, a news release is issued if: ‣ There is a risk to public safety; ‣ Information from the public may help solve the case; and/or ‣ It is believed that more victims might come forward.

Your name will never be released to the media by police.

If charges are laid the Crown will seek a publication ban to protect your identity. Close of Investigation Letters At the end of your investigation, you will be contacted by your sexual assault investigator to ask whether you would like to receive a close of investigation letter. This letter outlines specifics about your investigation such as how it was classified and closed. A list of community resources will also be provided. If you choose to accept the letter, you will then select the delivery method of your choice; mailed to your residence, sent electronically through email or, left in a confidential envelope at the front desk of the closest Ottawa Police Service station.

18

Made with FlippingBook - Share PDF online