Third-Party Reporting: A Guide for Survivors (St. John's)

This guide provides general information and answers some common questions about Third-Party Reporting.

This information is general in nature and does not constitute legal advice. We strongly recommend consulting with a lawyer to get legal advice about your specific situation.

A Note on Language:
Language is important. It holds a lot of power. You may or may not identify with the word “survivor” or “victim”. Police, lawyers, judges, and others involved in the legal system may refer to you as a “victim”, “plaintiff”, “witness”, or “complainant” even though you may not identify with any of these terms. This is the language used by the legal system and in courts and does not mean you or your reaction to the incident is being judged. In this guide, we use the term “survivor.” However, we know that not everyone who has experienced sexual violence will identify this way.

If you would like to speak with a Legal Support Navigator (LSN), you can reach us through email, text, phone, or our social media pages. We are available Monday to Friday, 9:00am – 4:00pm.

TEL 1-709-722-2805
TOLL-FREE/VRS 1-833-722-2805
TEXT: 709-986-2801
EMAIL: support@journeyprojectnl.com

www.journeyproject.ca

What Is Third-party Reporting?

Third-Party Reporting is a program that provides an alternative option for adult survivors of sexual assault to make a statement about an incident or incidents of sexual assault while remaining anonymous to the police. The program is available in-person at the St. John’s office of The Journey Project.

The Journey Project exists to strengthen justice supports for survivors of sexual violence and intimate partner violence in Newfoundland and Labrador.

Is a Third-party Report a Police Report?

No, a third-party report is not a police report and completing a third-party report does not result in a police investigation or criminal charges.

Third-Party Reporting is not meant to replace a formal police report or a 911 emergency call. This should be viewed as a last resort, alternative option for sexual assault survivors who are not ready to report directly to the police and to start a formal investigation, but do want information about a sexual assault incident, including any description of the perpetrator, recorded and passed on to police.

If you wish for an official police investigation to proceed, you should not complete a third-party report. Instead, you should file a complaint at your local police station. The Journey Project staff can help direct you to the correct police detachment and can provide support throughout the process.

Completing a third-party report does not mean you cannot report the crime formally to police in the future. At any point, you may follow up with the police and request that a criminal investigation be completed.

Who Can Make a Third-party Report?

A person over the age of 18 who has experienced a sexual assault can make a third-party report. This can include reports about incidents of sexual assault that occurred when the person was younger, as long as they are at least 18 when making the report. There is no time restriction for survivors wishing to report a sexual assault through third-party reporting.

Only the survivor themselves can make a report – a friend or family member cannot make a third-party report on behalf of a loved one.

As a survivor, you will identify yourself to the Journey Project. Your identity is kept confidential and never passed on to police without your permission. This way, you remain anonymous to police, but the incident is still recorded.

Are Any Survivors Not Eligible for This Program?

Third-party reporting is not an option if you are:

In immediate danger of death or serious bodily harm.
A child or youth (a person under the age of 18) being abused or otherwise in need or protection according to the definition in the Children, Youth, and Families Act.
An adult in need of protective intervention, according to the definition set out in the Adult Protection Act.

Third-party Reporting is also not an option for reporting any sexual assault involving an intimate partner or close family member, due police policy and the challenges of ensuring anonymity for the survivor in these situations

Where Do I Make a Third-party Report?

You must make your report in person at the main Journey Project office on Water Street in St. John’s, NL. Transportation, childcare, and other accessibility supports are available for survivors facing barriers to access this service.

What Should I Expect?

You will meet with a trained Legal Support Navigator (LSN) working with the Journey Project who will discuss your options with you, including reporting to the police. If you choose to make a third-party report, the LSN will support you with that.

The purpose of this third-party report is to gather information about the sexual assault.

Making a third-party report will involve you telling your story and providing as much detail about the incident(s) of sexual assault as you wish. You will be asked to provide a description, in your own words, about exactly what occurred. Please provide as much detail as you can, and as you feel comfortable doing. The LSN will type your report using your words exactly and will print a copy for our records.

The LSN may ask open-ended follow-up questions for clarity and detail. The purpose of these questions is to ensure that the information you are providing is accurately captured. You may find that some of the follow-up questions are presented in a way that causes you to feel minimized or blamed. This is not the intention. The purpose is to capture as much detail as possible on what occurred. Please remember that you can take as much time as you need, and you may stop at any time.

How much information you provide is ultimately up to you. Completing this third-party report is voluntary. You are free to provide as much information as you want. You may also stop and end your participation at any time. You may also pause the process and resume at another time or decide during the report taking that you do not wish to complete the report, and the report taker will shred the document in your presence.

What happens with my report?

After the third-party report has been taken, the LSN will prepare a redacted copy of the report, which means any identifying information about you will be removed. This redacted version will then be printed. The computer file will not be saved. Only the hard copies (one original, one redacted) of the report will exist.

The Journey Project will keep your original, unredacted report and your contact information. They will then give the redacted copy of the report to the RNC for storage. The LSN will hand deliver the statement to a designated police officer in the Child Abuse and Sexual Assault (CASA) unit of the RNC.

With your consent, the RNC will be asked to put the information you shared about the sexual assault and the perpetrator on the Violent Crime Linkages Analysis System (ViCLAS). ViCLAS is a national database that tracks serial offenders of serious and violent crimes including sexual assaults. Your personal information will not be shared with police or entered into ViCLAS.

What Happens Next?

The police will not investigate unless you file a complaint/give a statement to the police.

At any time, you can contact the RNC or the Journey Project if you wish to file a complaint with the police regarding the sexual assault.

Will the Police Contact Me?

If the RNC sees a pattern of reports about the same perpetrator or offender, they may ask the Journey Project to contact you and pass along this information to see if you will want to file a complaint or give a statement to the police at that time. You will not be contacted by the police directly, and you can choose to never be contacted by the Journey Project, if you wish.

Anything Else I Should Know?

In the unlikely event that the police agency determines that a member or members of the public might reasonably be at risk of serious harm, they may issue a public or other warning as necessary. This decision is the sole discretion of the Chief of the police agency. Any personal identifying information about you will never be shared publicly.

How is My Information Protected?

We have taken several steps to ensure your information is protected. These include:

Your original statement and contact information will be stored in a locked filing cabinet which only TJP staff have access to in a building with a security system.
There is no electronic storage or sharing of files.
All staff have signed confidentiality agreements.
Information Sharing Agreement (ISA) has signed between The Journey Project and the RNC that outlines strict confidentiality parameters of the Third-Party Reporting Program
The Journey Project completed its own Privacy Impact Assessment with guidance from the Office of the Privacy Commissioner
The Journey Project and the Royal Newfoundland Constabulary each have distinct confidentiality policies and follow all legislative obligations.

What if I Change My Mind?

If you decide that you no longer want to participate in the Third-Party Reporting program and that you want your information destroyed, you can contact the Journey Project, who will destroy your original report and contact information and then contact the RNC to destroy the redacted report.

Does Making a Third-party Report Impede Any Future Investigations?

Third-party reporting is a last resort option for sexual assault survivors/victims who wish to report what happened to them but do not want to file a formal police report.

You should understand that there are possible limitations of third-party reporting as it relates to the future investigation and prosecution of the crime. By not reporting the sexual assault to police in a timely manner, important evidence may be lost. If you decide after some time to file a formal police report about the sexual assault, you will have to provide information about the sexual assault again.

If you complete the third-party report, this will not result in a police investigation or criminal charges. If you wish for an official police investigation to proceed, you should not complete a third-party Report. Instead, you should formally report to your local police station.

What Are the Options to Formally Report a Sexual Assault?

You have the option and right to consider formally reporting the sexual assault to police. You should attend or call your local police agency to make this report.

The Royal Newfoundland Constabulary (RNC) is Newfoundland and Labrador’s provincial police service. The RNC provides service to the North East Avalon region, Corner Brook, Labrador City, and Churchill Falls.

RNC Provincial Headquarters

1 Fort Townshend St. John’s, NL A1C 2G2
General Telephone: 1-709-729-8000
https://www.rnc.gov.nl.ca/

The Royal Canadian Mounted Police (RCMP) is the Canadian national police service and an agency of the Ministry of Public Safety Canada. The RCMP provides service to all other municipalities and communities in Newfoundland and Labrador.

RCMP Provincial Headquarters

100 East Whitehills Rd, P.O. Box 9700, St. John’s, NL A1A 3T5
Telephone: 709-772-5400 (General Inquiries)
Telephone: 1-800-709-RCMP (7267) (Non-emergency)
https://www.rcmp-grc.gc.ca/en/nl/home

What Support is Available to Me?

Anyone who is thinking about making a third-party report can access the ongoing support of The Journey Project’s Legal Support Navigators. This can include a referral to a lawyer for free legal advice, general legal information, and supportive referrals to other resources in our community.

If you have experienced sexual violence or intimate partner violence and are in need of legal support, you can reach out to the Journey Project any time.

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