Although it is relatively uncommon, one way that minor sexual assaults can be resolved without going to court is through the use of what’s called alternative measures.
What are alternative measures?
Alternative measures, also referred to as diversion, require an accused person to meet with a probation officer and come up with a plan for resolution of the file that satisfies Crown Counsel. This usually involves some community work service, an apology letter and/or attendance at a seminar regarding the consequences of the accused person’s actions.
For sexual offences, resolution by way of alternative measures is rare and requires the approval of a Regional Crown Counsel, Director, or their respective deputy. The approval can only be granted where exceptional circumstances exist so that the use of alternative measures is not inconsistent with the protection of society. In other words, a charge of sexual assault will only be resolved outside of court in extremely rare and exceptional cases. Any time this happens, as in the case of the mayor of Port Moody, it is a notable event.
What the Crown must do
The Crown will also only move forward when certain preconditions are met. The victim must be consulted and their views must be considered. The victim also must be made aware of available victim assistance programs. The accused person must have no apparent history of violence or sexual offences and the Crown must be satisfied that a referral to alternative measures is not contrary to the public interest.
This occurs so rarely with regard to sexual offences that it is difficult to come up with real-life examples of applicable cases. The recent media attention on Mr. Vagramov’s case may help shed some light on the Crown’s decision-making with regard to this type of resolution when it comes to sexual assault.