And Justice for All?

Dylan, Arielle; Regehr, Cheryl; Alaggia, Ramona

doi:10.1177/1077801208317291

Cited by 27 publications

(4 citation statements)

References 38 publications

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“…A qualitative study by Dylan, Regehr, and Allagia found that Indigenous sexual assault survivors’ interactions with health and social service providers were supportive and, as a result, helped facilitate their healing [ 7 ]. However, victimized Indigenous women often face unique or enhanced barriers in accessing health services related to language, health literacy, values, and culture; fear of experiencing racism, victim blaming, prejudice or other unfair treatment, and loss of children to authorities; and geographic isolation [ 8 – 12 ].…”

Section: Introductionmentioning

confidence: 99%

A comparison of Indigenous and non-Indigenous survivors of sexual assault and their receipt of and satisfaction with specialized health care services

et al. 2017

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In Canada, Indigenous women are more likely than non-Indigenous women to be survivors of sexual assault and experience sexual assaults that are more serious in terms of physical injury and other health-related consequences. Despite their related needs for care and support, there is a paucity of research to date that has examined their uptake of specialized acute health services post sexual assault. To address this gap, we explored the presentation, sociodemographic, assailant, assault, and service use characteristics of Indigenous women, as compared to non-Indigenous adult and adolescent women aged 12 and older presenting to 30 of 35 hospital-based sexual assault treatment centres in Ontario from 2009 to 2011, using bivariate analyses. Of the 948 women in our sample, 116 (12%) identified as being Indigenous. Indigenous survivors differed significantly from non-Indigenous survivors on many presentation, sociodemographic, and assault characteristics. For example, they were more likely to present to a hospital within 24 hours of being assaulted and a treatment centre serving a primarily rural population. They tended to be younger, were more likely to be living in an institutional setting, report community or group affiliations and government or community services as sources of social support, and be assaulted by a parent, guardian, or other relative. In terms of receipt of services, they were more likely to have undergone safety planning and to be referred to child protection or community agencies. They reported high levels of satisfaction with the services received, however, were less likely than non-Indigenous survivors to rate the overall care provided as excellent or good. On the whole, the results of our study suggest that Indigenous women value acute hospital-based sexual assault services. However, they experience sexual assaults in contexts different from non-Indigenous survivors. It is important for health care providers to be attuned to this so that they can appropriately respond to their unique needs.

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Section: Introductionmentioning

confidence: 99%

A comparison of Indigenous and non-Indigenous survivors of sexual assault and their receipt of and satisfaction with specialized health care services

et al. 2017

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“…When witnesses recant or when there are discrepancies in their testimony to police versus their testimony in court, judges and juries are tasked with evaluating which version of the account is more likely to be credible (Moore and Singh 2018). Sometimes, this results in a co-optation of the story or a prosecutorial emphasis on facts that can establish legal guilt rather than provide meaningful or adequate resolutions for victims (Dylan, Regehr, and Alaggia 2008). In the context of trafficking, however, the prosecution does not require any version of the complainant.…”

Section: Rendering (And Gendering) the Victimmentioning

confidence: 99%

Courting Victims: Exploring the Legal Framing of Exploitation in Human Trafficking Cases

Sibley¹,

Meulen²

2023

Preprint

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<p>This article examines how exploitation informs judicial interpretations of human trafficking in Canadian criminal cases. While socio-legal and popular notions of trafficking often suggest that forced movement into a decidedly exploitative labour context is required, our analysis of key appellate cases and constitutional challenges reveals that actual exploitation is not a necessary element of the offence. Instead, the trafficking in persons provision criminalizes the <em>intent</em> to exploit, while requiring the court to adopt an “objective” assessment of whether a reasonable person in the complainant’s circumstances could potentially fear for their safety in the context of providing (sexual) labour. We argue that this objective standard contributes to a gendered hierarchy of legal knowledge and ultimately privileges the perceived masculinized rationality of the courts and legal actors while rendering the subjective experiences of complainants as less central to the prosecution of human trafficking.</p>

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“…Although the rough triangulation of the survey and transcript study raises interesting points, it is not possible, overall, to generalize beyond this sample. In addition, as far as generalizability, as with other research with Indigenous people in Canada (Dylan et al 2008), there was no way to capture the self-identification of interviewees as belonging to a particular Indigenous group, as residents of the north are mobile and diverse. However, despite these limitations, the findings echo those of other studies in Canada (Snook and Keating 2011;MacDonald et al 2017;Wright and Alison 2004) and the real-world nature and the qualitative richness of the data obtained is valuable and acts as a starting point for future research into these topics.…”

Section: Limitationsmentioning

confidence: 99%

Police Victim and Witness Interviewing in a Northern Canadian Territory: Measuring Perceptions and Practice

Chenier

Milne²,

Shawyer³

et al. 2020

J Police Crim Psych

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Police victim and witness interviewing in a northern Canadian territory with a predominantly Indigenous population was examined across two studies. In study 1, an Internet survey about interview training, practices and cross-cultural issues was completed by serving police officers (N = 37). In study 2, transcripts of interviews with Indigenous adult victims and witnesses (N = 20) were coded for the presence of various interviewing practices (e.g. question types, interruptions, talking time). Survey results showed that most officers were untrained in scientific-interviewing protocols but were aware of the general practices that constitute a competent interview (e.g. building rapport, requesting a free narrative). Most respondents indicated that cultural differences impact their interviewing style. Results of the transcript analysis showed that officers violated the 80/20 talking rule in 90% of the interviews and unproductive question types (e.g. closed yes/no) were used often. All interviews contained a request for a full account, most interviews contained elements of active listening and few interruptions were observed. These findings are discussed with reference to how interviewing and cross-cultural communication training could help police organizations who serve Indigenous populations. Future research should consider whether established international best practices for interviewing are effective in settings with Indigenous victims and witnesses.

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And Justice for All?

Cited by 27 publications

References 38 publications

A comparison of Indigenous and non-Indigenous survivors of sexual assault and their receipt of and satisfaction with specialized health care services

A comparison of Indigenous and non-Indigenous survivors of sexual assault and their receipt of and satisfaction with specialized health care services

Courting Victims: Exploring the Legal Framing of Exploitation in Human Trafficking Cases

Police Victim and Witness Interviewing in a Northern Canadian Territory: Measuring Perceptions and Practice

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