SEX 1 SUBJECT: Sexual Offences Against Adults

POLICY General Principles In cases where the evidentiary test under policy CHA 1 is met, it will generally be in the public interest to prosecute sexual offences. Under the Crown Counsel Act, Crown Counsel are responsible for the decision to prosecute. The charge assessment policy requires Crown Counsel to examine the case at each stage of the prosecution and decide whether there is a substantial likelihood of conviction and, if so, whether prosecution is required in the public interest. This cannot be determined solely by the wishes of the complainant. All victims of sexual offences should be advised of available specialized victims ’ services. Alternatives to Prosecution Branch policy ALT 1 provides that offences of aggravated sexual assault and offences involving the use of a firearm in the commission of an indictable offence for which there is a minimum sentence, including sexual assault with a weapon, must not be considered for alternative measures. Other sexual assault offences may be referred for alternative measures and specific alternative measures recommended in an Alternative Measures Report, used only in exceptional circumstances and with the approval of Regional or Deputy Regional Crown Counsel. In all cases, the above approvals should be given if the following conditions are met: 1. The victim has been consulted and the victim’s views considered. 2. The victim has been made aware of available victim assistance programs. 3. There is no apparent history of violence or sexual offences. 4. The offence must not have been of such a serious nature as to threaten the safety or tolerance of the community