Systemic review of the legal system’s treatment of sexual and intimate partner violence
Dr. Kim Stanton has completed a one-year independent systemic review of the legal system’s treatment of sexual violence and intimate partner violence in British Columbia, and is sharing her Final Report today.
The review included: Next Steps: Criminal Legal System, including:
4.2.4.2. FORENSIC MEDICAL EXAMINATIONS
Lack of access to forensic evidence collection is a barrier for survivors who might want to seek justice in the criminal legal system. This need is especially acute in more remote areas of the province, where sexual health care and community supports are less accessible.382 In a recent nationwide
study, 30% of BC hospitals did not have Sexual Assault Evidence Kits (SAEKs), relied on the RMCP to
bring SAEKs, or refused to disclose whether their facility had these essential forensic tools. Medical professionals, along with survivors in British Columbia, have been vocal in drawing attention to
the issues related to accessing SAEKs for at least a decade.
PACE Kits
A BC organization has recently developed a supported forensic self-collection kit for victims of sexual assault, to be used within 48 hours of an assault. The PACE kit is being piloted in two locations
in the province: Trail and Terrace.386 The kit includes forensic tools, user support, and a system for
evidence preservation following a sexual assault. Following the collection of evidence, the kits can
be securely provided to the police, who will maintain the chain of custody until a survivor decides
whether they want to initiate a criminal proceeding.
For survivors who may not otherwise have access to SAEKs, the PACE kit may provide a more accessible means of collecting evidence following the trauma of a sexual assault. In addition to improving
access for survivors who live in areas that are underserved by the health care system, these kits
may be important tools for members of the 2SLGBTQIA+ community, Indigenous survivors, or others who have faced historical discrimination or a lack of understanding in traditional health care or
criminal law settings. However, self-collection is a relatively new option, and issues may arise about
admissibility and reliability when their results are offered in court.
The government, with meaningful input from anti-violence sector organizations, particularly
Indigenous and northern community-based organizations, should evaluate the pilot programs in
Trail and Terrace to determine the efficacy of making the self-collection initiative available across
the province. The results of this evaluation should be shared with federal-provincial-territorial
partners.
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