Difference between pages "ICBC and Basic Coverage (12:III)" and "Victims of Sexual Assault (4:V)"

Revision as of 02:50, 3 November 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.

A. What is Sexual Assault?

Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.

If you have been in any of the following situations, you may have been a victim of sexual assault:

you have been physically touched in a sexual manner by another person which was not wanted
your words or actions indicated that you did not want to have or continue sexual contact, but the sexual contact continued
you submitted to sexual contact because someone threatened or used force on you
you were not able to give consent to sexual contact (for example, you were drugged, impaired, or have a disability)
someone persuaded you to have sexual contact by using their position of authority or power over you

Legal age of consent The legal age of consent to sexual activity is 16. However, there are “close in age” exceptions for youth as young as 12 years old. A 12 or 13-year-old may consent to sexual activity with a partner who is less than two years older than them given that there is no relationship of trust, authority, dependency, or other exploitation. Similarly, a 14 or 15-year-old may consent to sexual activity with a partner who is less than five years older than them if there is no relationship of trust, authority, dependency, or other exploitation. Then, the following table can be tabulated:

Legal Age of Consent

		Youth's Age
		12	13	14	15	16
Partner's Age	12	٧	٧	٧	x	x
	13	٧	٧	٧	٧	x
	14	٧	٧	٧	٧	٧
	15	x	٧	٧	٧	٧
	16	x	x	٧	٧	٧
	17	x	x	٧	٧	٧
	18	x	x	٧	٧	٧
	19	x	x	٧	٧	٧
	20	x	x	x	٧	٧
	21	x	x	x	x	٧
	22	x	x	x	x	٧

When a child is at risk or is being sexually assaulted, it is your legal duty to report the crime.

B. Help for Victims of Sexual Assault

If you believe you or someone you know may have been the victim of a sexual assault once you are in a safe place, you should call the police. If you need emergency medical attention or you are in immediate danger, call 911.

If you do not want to call the police there are other people you can talk to such as VictimLink BC available at 1-800-563-0808, or Healthlink BC available at 811. The Surrey Women’s centre has a mobile assault response team that provides services over the phone and in-person to anyone who has experienced a physical or sexual assault. They are available 24-hours a day, 7 days a week, 365 days a year. You do not have to go to the hospital or make a police report to use their services. The Surrey Women’s centre can be reached at 604-583-1295. More information is available here. Similarly, consult Battered Women’s Support Services here or at 1-855-687-1868. WAVAW provides support services to survivors of sexualized violence who have shared experiences of gender marginalization: cis and trans women, Two-Spirit, trans and/or non-binary people. They advocate for social and systemic change through education, outreach and activism. WAVAW can be reached at 604-255-6344 and 1-877-392-7583 outside the lower mainland. More information on WAVAW is available here.

If the sexual assault involves a child, you should call the Ministry of Children and Family Development’s 24-hour emergency abuse line at 1-800-663-9122.

Even if you do not think that you need immediate medical attention, you should go to the hospital. If you have been assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help you. You may need medical attention, even if you do not have visible signs of injury.

Further information on sexual assault and the steps to take if you need help is available here.

C. Help for Students, Faculty and Staff at the University of British Columbia

The Sexual Violence Prevention and Response Office (SVPRO) is available to help all UBC students, faculty and staff. The SVPRO states they “are a safe place for students, faculty, staff who have experienced sexual violence, regardless of where or when it took place. This includes any attempt or act of a sexual nature without your consent. All gender identities, expressions and sexualities are welcome.” You do not need to make a police report or go to the hospital to get help from SVPRO.

Further information is available here or by calling 604-822-1588.

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= July 18, 2021}}
+{{REVIEWED LSLAP | date= June 30, 2021}}
-{{LSLAP Manual TOC|expanded = ICBC}}
+{{LSLAP Manual TOC|expanded = victims}}
-{{LSLAP 12 New System Notice}}
+== A. What is Sexual Assault? ==
-Basic coverage is ''mandatory'' for all BC vehicles. Driving while uninsured is an offence (''MVA'', s 24(3)(a)) which carries a maximum penalty of a fine of up to $250 and/or imprisonment of up to three months (''MVA'', s 24(5)(a)). Driving an uninsured vehicle is also an offence (''MVA'', s 24(3)(b)) which carries a fine of at least $300 and no more than $2,000 and/or imprisonment for at least seven days and no more than six months (''MVA'', s 24(5)(b)).
+Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.
-The following is included as part of Basic Coverage. Note that this is meant to be a high-level explanation, and insured individuals should refer to their policy for more detail and up-to-date information.
+'''If you have been in any of the following situations, you may have been a victim of sexual assault:'''
+*you have been physically touched in a sexual manner by another person which was not wanted
+*your words or actions indicated that you did not want to have or continue sexual contact, but the sexual contact continued
+*you submitted to sexual contact because someone threatened or used force on you
+*you were not able to give consent to sexual contact (for example, you were drugged, impaired, or have a disability)
+*someone persuaded you to have sexual contact by using their position of authority or power over you
-== A. Enhanced Accident Benefits: Overview ==
+'''Legal age of consent'''
-Enhanced Accident Benefits are provided as part of basic coverage, and are outlined under Part 10 of the ''Insurance (Vehicle) Act'' [''IVA'']. These benefits apply to accidents on or after May 1, 2021, “in which there is bodily injury caused by a vehicle” (''IVA'' ss 113 and 114(1)).  These benefits are awarded on a no-fault basis, which means that they are paid directly by the insurer to the insured, irrespective of the fault of the insured (''IVA'', s 117). This also means that, under the new system, there is no longer a right of action (an ability to bring a lawsuit for damages against the other party) for injury arising from a vehicle accident (''IVA'', s 115). There are a few limited exceptions to this bar on actions for injury from a vehicle accident, which are outlined in [[When You Can Still Sue (12:VII)|Section VII: When You Can Still Sue]].
+The legal age of consent to sexual activity is 16. However, there are “close in age” exceptions for youth as young as 12 years old. A 12 or 13-year-old may consent to sexual activity with a partner who is less than '''two years''' older than them given that there is no relationship of trust, authority, dependency, or other exploitation. Similarly, a 14 or 15-year-old may consent to sexual activity with a partner who is less than '''five years''' older than them if there is no relationship of trust, authority, dependency, or other exploitation. Then, the following table can be tabulated:
-=== 1. Entitlement to Enhanced Benefits for BC Residents versus Non-Residents: ===
+'''Legal Age of Consent'''
-BC residents are covered by Enhanced Accident Benefits for accidents in BC, and for accidents in other jurisdictions in Canada and the United States.
+{| class="wikitable"
+|-
+|
+|
+! colspan="5" | Youth's Age
+|-
+|
+|  || 12 || 13 || 14 || 15 || 16
+|-
+! rowspan="11" | Partner's<br />Age
+| 12 || ٧ || ٧ || ٧ || x || x
+|-
+| 13 || ٧ || ٧ || ٧ || ٧ || x
+|-
+| 14 || ٧ || ٧ || ٧ || ٧ || ٧
+|-
+| 15 || x || ٧ || ٧ || ٧ || ٧
+|-
+| 16 || x || x || ٧ || ٧ || ٧
+|-
+| 17 || x || x || ٧ || ٧ || ٧
+|-
+| 18 || x || x || ٧ || ٧ || ٧
+|-
+| 19 || x || x || ٧ || ٧ || ٧
+|-
+| 20 || x || x || x || ٧ || ٧
+|-
+| 21 || x || x || x || x || ٧
+|-
+| 22 || x || x || x || x || ٧
+|}
+When a child is at risk or is being sexually assaulted, it is your legal duty to report the crime.
-For non-residents involved in an accident within BC, or one outside of BC but involving a BC-registered vehicle, particular considerations may apply to determine eligibility. See s 119 of the ''IVA'' for more detail on entitlement to benefits in these circumstances.
-=== 2. Claim deadlines and Requirement to report promptly:===
+== B. Help for Victims of Sexual Assault ==
-As a general rule, the insured has two years from the date of the accident within which to make a claim for Enhanced Accident Benefits (''Enhanced Accident Benefits Regulation'', BC Reg 59/2021, s 55(1), [''EABR'']). However, there are certain circumstances in which the deadline for making a claim may be measured differently. S 55 (1) of the ''Enhanced Accident Benefits Regulation'' sets out claim deadlines in specified circumstances. Please do not rely on this manual chapter as an authority for claim deadlines, and be sure to consult the regulation closely or speak with ICBC directly to confirm your deadline by which to make a claim, as it may change or may be case-specific.
-Note that in order to access Enhanced Accident Benefits, the insured also has a duty to, “''promptly notify the corporation of the accident''” when an accident occurs (''EABR'', s 56(1)). If an insured fails to do so, “without reasonable excuse and to the prejudice of the corporation”, then benefits may be refused (''EABR'', s 56(2)). For this reason, ''it is important to not delay in reporting an accident to ICBC'', as this may affect your ability to make a claim later.
+If you believe you or someone you know may have been the victim of a sexual assault once you are in a safe place, you should call the police. If you need emergency medical attention or you are in immediate danger, call 911.
-Note that there may be other deadlines related to your Enhanced Accident Benefit claim not noted here.
+If you do not want to call the police there are other people you can talk to such as VictimLink BC available at 1-800-563-0808, or Healthlink BC available at 811. The Surrey Women’s centre has a mobile assault response team that provides services over the phone and in-person to anyone who has experienced a physical or sexual assault. They are available 24-hours a day, 7 days a week, 365 days a year. '''You do not have to go to the hospital or make a police report to use their services.''' The Surrey Women’s centre can be reached at 604-583-1295. More information is available [https://surreywomenscentre.ca/services here]. Similarly, consult Battered Women’s Support Services [https://www.bwss.org here] or at 1-855-687-1868. '''WAVAW''' provides support services to survivors of sexualized violence who have shared experiences of gender marginalization: cis and trans women, Two-Spirit, trans and/or non-binary people. They advocate for social and systemic change through education, outreach and activism. WAVAW can be reached at 604-255-6344 and 1-877-392-7583 outside the lower mainland. More information on WAVAW is available [https://www.wavaw.ca/contact/ here].
+If the sexual assault involves a child, you should call the Ministry of Children and Family Development’s 24-hour emergency abuse line at 1-800-663-9122.
-=== 3. Other Sources of Compensation:===
+Even if you do not think that you need immediate medical attention, you should go to the hospital. If you have been assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help you. You may need medical attention, even if you do not have visible signs of injury.
-When awarding Enhanced Accident Benefits, ICBC will not pay a benefit that is available from another source as, “compensation for the same accident” (''IVA'', s 122(2)), although they may pay the difference between the Enhanced Accident Benefit and the other source. Other sources listed include those such as workers compensation, the Canada or Quebec Pension Plans, an employment or union plan, or other insurance (''IVR'', s 18(2)). Note that the above still applies even if the insured makes the choice not to access these other sources that are available to them.
-===4. Summary of Enhanced Accident Benefit Types:===
+Further information on sexual assault and the steps to take if you need help is available [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf here].
-The following is a basic explanation of some of the Enhanced Accident Benefits included. Insured individuals should refer to their policy for more details, and up-to-date information.
-====a) Healthcare and Rehabilitation ====
-These benefits cover healthcare and rehabilitation for those injured in a vehicle accident. These are available on a no-fault basis, and are typically paid directly by ICBC to your medical provider (though this is not always the case).
-An insured party is entitled to the following treatments if needed to treat the injury in the 12 weeks after their accident: acupuncture, chiropractic, kinesiology, massage therapy, physiotherapy, counselling, and psychology. Note that there are certain prescribed fee and appointment quantity caps for each of these treatments, which vary depending on the treatment type (see ''Enhanced Accident Benefits Regulation'', s 19, Table 1). Once the 12-week post-accident period and/or the number of pre-authorized appointments have elapsed, the insured must show that additional treatment is needed either, “to facilitate the insured’s recovery from the insured’s bodily injury” (''EABR'', s 19(a)), or to, “address a decline in the insured’s physical or mental function because of the insured’s bodily injury” (''EABR'', s 19(b)).
+== C. Help for Students, Faculty and Staff at the University of British Columbia ==
-Various prosthetics, other medical equipment and certain prescription and non-prescription medications are also covered by this benefit (''EABR'', ss 21(1) and (4), and s 23), as are, “ambulance services from the scene of the accident” in certain prescribed circumstances (''EABR'', s 20).
+The Sexual Violence Prevention and Response Office (SVPRO) is available to help all UBC students, faculty and staff. The SVPRO states they “are a safe place for students, faculty, staff who have experienced sexual violence, regardless of where or when it took place. This includes any attempt or act of a sexual nature without your consent. All gender identities, expressions and sexualities are welcome.” '''You do not need to make a police report or go to the hospital to get help from SVPRO.'''
-Rehabilitation benefits are also available, “to contribute to the rehabilitation of an insured and to facilitate the insured's recovery from the insured's bodily injury” (''IVA'', s 124), which may include modifications to the insured’s home or vehicle (''EABR'', ss 24 and 25). In certain specified circumstances, compensation is also available to assist with the insured’s, “activities of daily living” (''IVA'', s 125(1)) which they could otherwise carry out before the accident. The amount of this benefit varies depending on the type of activity and the degree of assistance that the insured needs (see ''EABR'', ss 27-31 for detailed calculations).
+Further information is available [https://svpro.ubc.ca here] or by calling 604-822-1588.
-Certain transportation, lodging and meal expenses are also covered if required for the insured to receive care. Note that there are relatively strict requirements for reimbursement or coverage of such expenses, which can be reviewed in detail under ''EABR'' ss 32-34.
+{{LSLAP Manual Navbox|type=chapters1-7}}
-Finally, in certain instances, reimbursement is also available to cover certain travel, lodging and meal expenses for an individual to travel to assist the insured. This applies in cases where an insured is under 16 years old, is in intensive care, requires “major healthcare” (defined in section 1 of the ''Health Care (Consent) and Care Facility (Admission) Act''), has a “life threatening” bodily injury, or when their life is in, “imminent danger” (''EABR'', s 35(2). The travel must be either:
-<blockquote>(a) to authorize treatment for the insured,
-(b) to assist the insured to make a decision respecting major health care,
-(c) to assist in the treatment of the insured’s bodily injury, or
-(d) to assist the insured on other medical or compassionate grounds. </blockquote>
-(''EABR'', s 35(3))
-Note that there is a cap on the amount that ICBC will cover, and that they will only cover these expenses for up to two individuals (''IVA'' s 125(6) and ''EABR'' s 35(4)).
-For all of the above benefits, ''make sure to consult your policy closely to see which benefits require pre-approval from ICBC, and which do not.''
-{{LSLAP Manual Navbox|type=chapters8-14}}

Difference between pages "ICBC and Basic Coverage (12:III)" and "Victims of Sexual Assault (4:V)"

Revision as of 02:50, 3 November 2021

A. What is Sexual Assault?

B. Help for Victims of Sexual Assault

C. Help for Students, Faculty and Staff at the University of British Columbia

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