Is there a compensation program for victims of sexual assault?
In Quebec, there is a compensation program for victims of crime. To be eligible for compensation, the claimant must meet the following conditions:
the claimant must have been sexually assaulted;
sexual assault must have been committed in Quebec;
sexual assault should not have taken place in the workplace;
sexual assault causing injury to the victim (claims);
the claimant must prove the crime with the conviction or police reports or medical;
the claimant must file a claim within one year after the event or in the year of the unveiling of sexual assault by the victim to another person.
When eligibility criteria are met, the Directorate for the compensation of victims of crime can repay, the victim, lost wages, cost of care, medication, psychotherapy sessions, etc..
The Office for review of the Directorate for the compensation of victims of crime which took the decision to compensate a victim. It is possible to bring this decision on appeal before the Administrative Tribunal of Quebec. |
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What is the penalty for a sexual assault?
Sexual assault of first level can be handled in two ways: as a crime or an offense punishable on summary conviction. It is the prosecution that decides how to handle sexual assault. In the case of the crime, the accused is liable to a maximum penalty of 10 years. In the case of an offense, the offender receives a maximum sentence of 18 months of imprisonment and a fine of $ 2 000. The maximum prison term for sexual assault crimes falling within the second level of gravity is 14 years. If the sexual crime is committed with a firearm, he is liable to a minimum sentence of 4 years in prison.
The maximum penalty for crimes of sexual assault third level is life imprisonment. |
During the trial, can I be asked about my prior sexual relations ?
It is prohibited to produce evidence of prior sexual conduct to deduct your consent to sexual activity or in case your little credibility.
Still, in some cases, judges may take the decision to admit evidence relating to your sexual behavior. |
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Does a person charged with sexual assault can defend itself by claiming it was under the influence of alcohol or drugs when she attacked me?
The accused can not invoke his drinking or the influence of drugs as an excuse for sexual assault. It can claim that because of the drink or drugs, he thought you had consented to sexual acts. Thus, the rule is that the belief of the accused to consent does not come from voluntary weakening of his faculties.
The courts have recognized that extreme intoxication resulting in a lack of awareness around the insanity or automatism may be a defense to a sexual assault. It is, however, is a strong exception.
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I filed a complaint, what happens after?
After complaints, the police will investigate. You will meet with an investigator from the Sexual Assault Squad and answer questions.
The State pursues the criminal aggressor. This process costs you nothing financially. The individual convicted can be sentenced to imprisonment and will, without doubt, have a criminal record.
A civil suit against the perpetrator is also possible, but this time at your expense. The lawsuit will allow you to apply to the aggressor a sum of money for the damage it has caused.
The criminal and civil result in two trials independent of each other, the prosecutor is not the same (the state in a case, in the other) and the evidence to do is totally different. |
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