Frequently Asked Questions -
Part 2
Can my boyfriend be charged with sexual assault?
Yes, your boyfriend can be charged with sexual assault against you. Married partners can testify against each other if they want to. Common law partners may be required to testify against each other.
Will I have to give evidence in court?
If the accused pleades not guilty you will usuallt ahve to give evidence in court. Often the victim is the only witness to a sexual assault, therefore you are an important witness. You may have to give evidence at the preliminary inquiry and at a trial. At this time you will be asked if you would like to complete a Victim Impact Statement.
Will the accused be in jail until the trial?
Usuallt the accused will be released until the trial. If you fear that the accused will visit or harm you, you can ask the police to request the Justice of the Peace to set conditions on the accused.
Can I change my mind and withdraw the charges or refuse to give evidence in court?
If the Crown has laid charges you cannot withdraw them.

If you recive a subpoena to appear in court, you must appear in court. If you do not show, the judge can issue a warrant for your arrest and you could be brought before the judge to explain why you did not obey the orders of the subpoena.
Will my sexual history be discussed in court?
In August of 1992, a Bill was introduced into the House of Commons to settle arguments about the defense of a sexual assault case. The Bill foucuses on the types of questions you can be asked about your sexual history, consent to the act, and the use of a  publication ban. Evidence of your sexual history may be allowed if:
evidence of your sexual history has been brought up by the prosecution;
there is disupte as to the identity of the person who commited the assault;
the accused wants to provide evidence of sexual activity in which you took part in and agreed to on the same occasion as the assault. Such evidence may be relevant if the accused claims you consented to the assault.
What type of sentance will the offender get?
The judge will look at a few things when sentancing the offender. You Victim Impact Statement, and possibly a pre-sentancing report. The judges sentance may include fines, discharges, probation, or jail time.
In deciding what sentance the judge looks at:
the seriousness of the offence
the circumstances surrounding the offence
the harm to the victim
the amount of force used by the offender
the offender's attitude towards the crime
the offender's previous criminal record
sentances given to similar offences.