Les tribunaux spécialisés en matière de violence sexuelle : une piste de solution pour l’amélioration de l’accès à la justice des victimes

Authors: Cloutier, Maude
Advisor: Desrosiers, Julie
Abstract: Despite all the reforms it has undergone, Quebec’s criminal justice continues to be the subject of much criticismfrom victims of sexual assault in terms of access to justice. Attrition, influence of myths and stereotypes andsecondary victimization are significant obstacles faced by victims seeking to access courts and obtain justice. Acomparative law analysis with South Africa and New Zealand, subject of similar critiques, shows that theseissues of access to justice are common in adversarial-type criminal law systems. Because of the similarities inthe substantive, procedural and evidentiary rules of these three systems, the search for justice solutions forQuebecers victims within these foreign systems is relevant. In South Africa and New Zealand, specialized sexualviolence courts have been set up to address the "justice deficit" of victims. An analysis of the essentialcomponents of each of the models and of the results of the evaluations to which they were subjected leads tothe conclusion that they have had a positive impact in their respective jurisdiction: increase in conviction rates,improvement in the quality of testimony, reduction of delays, secondary victimization and the impact of mythsand stereotypes, improvement of judges' knowledge of the reality of victims, etc. They therefore represent apromising initiative to improve access to justice for Quebecers victims of sexual assault. These evaluationshighlight the pitfalls of specialized sexual violence courts that may compromise this potential and that must beconsidered before the implementation of such courts.
Document Type: Mémoire de maîtrise
Issue Date: 2021
Open Access Date: 22 March 2021
Permalink: http://hdl.handle.net/20.500.11794/68550
Grantor: Université Laval
Collection:Thèses et mémoires

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