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Visually impactful (picture from Google)

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This video helps show the emotional trauma that victims of assault and their family have to go through

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Transforming the Criminal Justice System: Victim’s Experience

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Picture of an assault Victim (picture from Google

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Last summer, life was good for Shan Qin.

The 23-year-old varsity rower at the University of Ontario Institute of Technology (UOIT) in Oshawa, Ont., was president of the student society, an orientation leader and top of her class.

She had just been accepted into law school in Windsor. She had a boyfriend who she thought she would marry.

That all changed the night of Aug. 14, 2016. She alleges her boyfriend sexually assaulted her, and the ensuing school investigation led her to file a human rights complaint against UOIT. CBC Toronto is only using the woman's first name to protect her identity.

Training in Windsor

In August 2016, Shan Qin's boyfriend accompanied her on a weekend trip to train with the University of Windsor's soccer team.

Back at the hotel the first evening, she says she had two glasses of wine before feeling dizzy.

She tells CBC Toronto she woke up at some point in the night to find her boyfriend on top of her, but somehow couldn't stay awake. While she says she had little recollection of what happened that night, she remembers the morning vividly.

I was shocked, confused. - Shan Qin

"I felt really sore," she said. "I looked under the sheets and I was covered in blood."

Medical staff at an Oshawa hospital found a vaginal tear following an internal ultrasound. Pharmacy records show she was prescribed various medications to stop the bleeding.

"I was shocked, confused," she said. "I didn't realize this would happen, especially with an intimate partner."

In the following week, her boyfriend repeatedly denied any wrongdoing before admitting to it in a Facebook message.

'I was never in the loop'

Shan Qin says she decided not to file a police report at the time. Instead, she filed a complaint with UOIT, thinking the university would investigate under its sexual assault policy.

A month later, the school informed her it would proceed under its student code of conduct instead, which doesn't address sexual assaults - the first of many developments that led her to file a human rights complaint against the school.

Over the next couple of months, Shan Qin said she received two more calls from the school.

"They would call me on a Friday afternoon asking me if I was sure there was no consent," she said, despite having her version of events recorded in the initial meeting with campus security.

She also said the university did not contact her about the status of the investigation after that. "I was never in the loop with what was going on," Shan Qin said.

'Slap on the wrist'

The university's investigation took three months. The school ruled her boyfriend violated the student conduct code "in that he engaged in sexual activity without your consent."

His penalties:

Write a 2,000 word essay on how to create a respectful environment ... clearly articulating "the meaning of consent as it pertains to sexual activity."

Suspension from enrolling in courses at UOIT until the end of 2017

Suspension from participation in all UOIT athletic teams until the end of 2017

"They kicked him off the varsity team [four days] after he finished rowing nationals," she said. "They were weak sanctions, a slap on the wrist. I had trust in the university."

'How often do you drink alcohol?'

Her boyfriend appealed the sanction barring him from taking courses. As part of the process, which took about another three months, Shan Qin was asked to collect more records-from the pharmacy, the hospital and character references from her friends.

She was also required to complete a questionnaire prior to the meeting, which included these questions:

What alcohol was consumed that evening?

How often do you drink alcohol?

How you felt about [your boyfriend] not accompanying you to the hospital?

While the school upheld its initial decision, Shan Qin said she was traumatized over the course of the half-year investigation.

"Assault is one thing. Having to relive it every week for those last five months was a whole different ball game," she told CBC Toronto.

Human rights complaint

In May 2017, Shan Qin filed a human rights complaint against UOIT, specifically citing the school's "policy and practice with respect to investigation of complaints of sexual assault" and "emotional and psychological harm, and injury to dignity."

Shan Qin says she filed the complaint because she wants schools to make their investigations more survivor-centric.

Experts say there's a lot of work to do when it comes to sexual assault investigations on university campuses.

"It's so hard for a survivor to come forward as it is, and to have to go through multiple procedures on campus and still to feel like she hasn't been heard in some real way ... is a very sad thing," said Charlene Senn, a women and gender studies professor at the University of Windsor who specializes in sexual violence and campus interventions.

Despite the province requiring all universities and colleges to have stand-alone sexual assault policies as of Jan. 1, 2017, experts say carrying them out is not a straightforward task.

"It's not enough to have a policy," said Senn, who said most survivors don't go to police because they fear the criminal justice system re-victimizes them, so schools have had to step up. "We must make sure the people who are doing investigations or acting on tribunals and administrative panels are trained in sexual assault. It can't just be done by anyone."

'If the good outcomes are so bad'

A study published in 2003 in the U.S. journal Criminal Justice and Behaviour cites between eight and 35 per cent of female students are sexually assaulted in their college years, but despite the prevalence, most do not report it to the police. Experts, including Senn, say the number is closer to 30 per cent, and can be generalized to Canada and that number is much higher when legal definitions of sexual assault are included (non-penetrative sexual acts). And in most cases, the survivors know their perpetrators.

'Mentally, it's been a disaster.' - Shan Qin

Shan Qin didn't initially go to police, but in March 2017, decided to file a formal report in Windsor. Police there are investigating and have not laid charges.

"There was actually a good outcome. The survivor was believed and the university acted against the perpetrator," said Senn. "If the good outcomes are so bad for the survivor, that tells you something about how much work we still have to do."

As Shan Qin prepares for another school year, she admits she's still struggling. "I still can't go to the gym. I have lots of pains, cramps. I have trauma bleeding," she said. "Mentally, it has been a disaster."

She's taking sleeping medication. She's still dealing with anxiety. She no longer rows. Despite all that, she's starting her second year in the law program at the University of Windsor.

Mediation

CBC Toronto tried to contact the boyfriend multiple times for comment, but did not receive a response.

UOIT confirms it received the human rights complaint and denies Shan Qin's allegations. Meanwhile, Shan Qin has agreed to mediation with the university, which put the human rights complaint on hold temporarily.

Sex Assault on Campus: Are schools failing students?
CBC Toronto is bringing you stories about survivors of sexual assault and how policies on campuses are working for them. Share your story: Lisa Xing can be reached at lisa.xing@cbc.ca

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'It was horrifying': Former student says university re-victimized her during sexual assault investigation | CBC News

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Last summer, life was good for Shan Qin. The 23-year-old varsity rower at the University of Ontario Institute of Technology (UOIT) in Oshawa, Ont., was president of the student society, an orientation leader and top of her class. She had just been accepted into law school in Windsor.

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This video explains some of the differences of filing sexual assault under the civil or criminal courts.

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Toronto's source for breaking news, traffic, and weather 24 hours a day.

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A more precise breakdown of the different types of classifications of Assault.

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An act of violence is a very simple incident, particularly in the moment which it takes place. Nonetheless, once things are over and you take a look at the consequences of the moment of violence that is when the things start to become complicated. Violence is something which isn't ever tolerated in Canada as per criminal lawyer Toronto. However, the degree to which it is punished or violated might differ. There is great difference in between violence which ends with the disapproval of the general public and the violence with the consequences which have to be addresses by the Canadian legal system.

Assault is one of the serious crimes that a person can commit in Canada. There are different types of assault in Canada which weighs differently in the eyes of law.

This is considered to be one of the most basic kinds of assault charge in Canada. criminal lawyer Toronto states that this can be prosecuted in two different ways. In case someone is charge with simple assault as the summary conviction, this is going to be less severe than the other two charges. It can be processed directly by the judge without even requiring a jury or a jail sentence. Nonetheless in more severe cases of this type of assault, it might be treated as an indictable offence that will need more formal court process.

Assault Resulting in Bodily Harm

When a notable injury takes place, a charge can be made for causing bodily harm. This can be prosecuted in two manner says criminal lawyer Toronto. That is with maximum penalty of 18 months or jail and a summary conviction. In case this is prosecuted as an indictable offence then up to 10 years in prison.

Assault with the Weapon

This assault is exactly what it sounds like. This results in serious and lifelong crippling injuries. As a matter of fact, it can also involve the death of the victim. Aggravated assault is known to be treated as an indictable offence with a maximum 14 years in prison.

When non-consensual sex involved act of violence or threat, it can be taken as a sexual assault. Like the previous assault, this too has summary conviction along with indictable offense variations with 10 years and 18 months maximum sentence on the basis of the charge.

Sexual Assault with Bodily Harm/Threat/Weapons

This is a severe version of sexual assault. It is known to be charged in a similar manner on the basis of the circumstances. There are both indictable offense sentences and summary conviction. Maximum punishment usually ranges from 18 months to 100 years of jail time as per criminal lawyer Toronto.

Aggravated Sexual Assault

Like the aggravated assault, it means there are far more serious consequences and injuries for the victim. Generally, it is tried as an indictable offense. In case a weapon in involved like a gun, the minimum jail sentence during an event of conviction is four years.

Assaulting Police Officer

When an act of violence against a police officer occurs, it will have its own charge. However, it is prosecuted like the other charges. On the basis of the circumstance, a police officer assault charge can be an indictable offense or summary conviction. It will depend on the act. Criminal lawyer Toronto mentions that all assaults vary when it comes to the severity levels.

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Criminal Law: Assault Charges | Retired Worker

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An act of violence is a very simple incident, particularly in the moment which it takes place. Nonetheless, once things are over and you take a look at the consequences of the moment of violence that is when the things start to become complicated.

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This is an example of a defence against assault charges and some of the effects that an assault victim can experience as a result of induced trauma.

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A Brockville, Ont., judge has rejected a man's sexsomnia defence and ruled he is criminally responsible for the sexual assault of a woman in 2011.

Ryan Hartman, 38, was found guilty of sexual assault in 2012 and sentenced to 14 months in jail. He appealed and lost.

When he appealed again, he admitted to the crime but presented evidence that he was suffering from sexsomnia - engaging in sexual acts while asleep - and argued that he was sleeping when he raped the woman.

The Ontario Court of Appeal granted him a new trial, which began in April 2017.

In her ruling Monday, Justice Kimberly Moore said Hartman had failed to prove he was suffering from a sleep disorder that would make him not criminally responsible for the assault.

She said it was far more likely an alcoholic blackout would explain his claimed lack of memory of the event.

She also did not rely on the testimony of Dr. Colin Shapiro, a sleep expert, who said Hartman experienced "sexsomniac episodes," saying there were problems with his report.

"I find that Dr. Shapiro's evidence displayed bias and an unwillingness to accept any evidence that contradicted his opinion that Mr. Hartman was suffering from a parasomnia at the time of the incident," the judge said in her decision.

She said it was troubling that Shapiro did not question Hartman's version of events and did not reconcile the testimony that Hartman woke up in the middle of the night prior to the assault.

The judge said Shapiro had previously testified that being awake meant it would require more time to get into the deep sleep state that is a precondition of a sexsomniac episode.

The judge also said Shapiro as a witness was prone to tangents targeting another psychologist that were "unsolicited, gratuitous and non-responsive to the questions asked of him" and demonstrated a "lack of professionalism."

The judge accepted that Hartman had suffered from parasomnia - that he sleepwalked as a child - and that a video from Shapiro's sleep assessment showed Hartman "touched his genital area for approximately four seconds" while asleep.

She said that may well have been sexsomnia but it was "nothing like" the account from Hartman's fiancée that he masturbated while asleep at one point in their relationship.

In the decision, the judge said she found that Hartman went limp and pretended to be asleep once the victim woke up and pushed him away.

She said that Hartman's apology to the victim's boyfriend that he woke up and was making out with her was an attempt to suggest "an element of consent."

She also rejected that he had been asleep during the act and woke up to the commotion and accusations of the woman.

"I find it incredible that if one was accused of such a horrific act, and one was truly sleeping and had no recall of same, one would not ask for answers and an explanation in order to understand what had happened." the judge said

'Finally some justice'

Since being raped in 2011, the 30-year-old Ottawa-area woman, whose identity is protected by a court order, has gone through two trials and two appeals.

She says the delay has plunged her into depression and anxiety, and she's battled alcohol and drug abuse, endured toxic relationships and wrestled with suicidal thoughts.

She said she feels shocked and relieved after hearing the judge pronounce the guilty verdict.

"Finally some justice," she said.

"You can't express how you feel when you hear that as a victim. It's not explainable, it's amazing, it's incredible, I'm shaking. I'm crying."

The woman said she hoped that other women feel "hope" in the wake of the conviction.

House party

The assault happened in 2011 at a house party the woman attended with her boyfriend in Spencerville, Ont.

The couple slept there, on an air mattress, after deciding they had had too much to drink.

Just a few minutes before her cellphone alarm went off that morning, she felt pain and realized she was being penetrated anally. Her boyfriend remained asleep.

Court heard that Hartman apologized to her boyfriend afterward and said he woke up "making out" with the woman.

As the couple drove away from the home, she saw Hartman sitting at a picnic table in the garage looking "wide awake."

Sexsomnia as a defence

Deep sleep as a criminal defence has only been used 13 times in Canada in sexual assault cases, said Blair Crew, a University of Ottawa professor who teaches sexual assault law.

He said that since a precedent-setting case in Toronto in 2003, sexsomnia has resulted in a ruling of not criminally responsible five times.
Where to get help:
Assaulted Women's Helpline: 1-866-863-0511

Support Services for Male Survivors of Sexual Abuse: 1-866-887-0015

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Judge rejects sexsomnia defence, finds man guilty of sexual assault | CBC News

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A Brockville, Ont., judge has rejected a man's sexsomnia defence and ruled he is criminally responsible for the sexual assault of a woman in 2011. Ryan Hartman, 38, was found guilty of sexual assault in 2012 and sentenced to 14 months in jail. He appealed and lost.

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This website provides a legal definition of what constitutes assault, which is a must have to start an analysis about it.

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Marginal note:Assault

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Marginal note:Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Marginal note:Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(d) the exercise of authority.

Marginal note:Accused's belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.