Summary
In 2013, the prosecution of a police sergeant for sexual assault for his illegal strip search of Stacy Bonds failed (R v Desjourdy, infra). This research explores the legal and practical obstacles that arise for accused women in securing a sexual assault conviction against police officers who have performed illegal strip searches. Some key questions this research hopes to answer are: how have police forces responded to the Supreme Court of Canada’s guidelines in R v Golden, infra, on when and how they may strip search women?; do recent Canadian criminal cases reflect any patterns of police conduct or judicial characterization of the impact of strip searches on women?; are any other remedies available to women through federal or provincial human rights tribunals? The research will critically analyze the current and past issues surrounding illegal police strip searches of females in order to identify where and how changes need to be made to facilitate understanding and preventing sexual assault, including in police conduct .