Myths and Stereotypes about Sexual Assault Victims: Absence of Immediate Reporting
There are various reasons why a victim of
sexual abuse might delay in making an allegation of sexual abuse or even not
disclose the abuse at all: embarrassment, fear, guilt, a lack of understanding and knowledge, etc.
It is
unacceptable for a court to rely on the stereotypical view that victims of
sexual aggression are likely to immediately report the acts, and conversely, to
conclude that the lack of immediate reporting reflects either absence of
assaultive or non-consensual behaviour.
R. v. D. D., 2000 2 S.C.R. 275, at para. 63;
R. v. W. (R.), [1992] 2 S.C.R. 122, at p. 136.
In assessing credibility, the timing of the complaint is
simply one circumstance to consider in the context of the case.
Delayed
reporting, standing alone, does not assist in evaluating whether an account
alleging a consensual sexual encounter is true or raises a reasonable doubt.
R. v. Lacombe, 2019 ONCA 938, at para. 42;
R. v. D.D., 2000 2 S.C.R. 275, at para. 65.
Written by Stuart O’Connell (All rights reserved to author)
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