Bringing Criminal Charges Against Your Circumcisers
Criminal Charges For My Circumcision?
If you are like many Canadian men, when you were a baby, someone tied you down, cut you, clamped you, and finally cut an important part of you right off. This person was a doctor, and, depending on when he did it, what he did was technically criminal assault. You were hurt by this, and, depending on when it was done, you may have rights under the criminal law.
As with many things, public opinion about circumcision has changed over time. Once a man could force his wife to have sex with him and she could not bring a charge of rape against him, but this has changed: in 1983 the Government of Canada also adopted Bill C-127, which recognized the concept of "spousal rape". Before that time, it was virtually impossible for a woman to sucessfully bring a rape charge against her husband. Now it is not.
At one time, a professional hockey player could do just about anything to another player while on the ice, and he would never be charged with criminal assault. This, too, has changed: on October 13, 2000 Marty McSorley was found guilty of assault with a weapon for hitting Vancouver Canuck forward Donald Brashear in the head from behind with his stick the previous February 21
The difference is what is acceptable by the community, not any absolute definition of assault under the law. The same progress will eventually be made for male genital integrity, and doctors will eventually be held criminally liable for what is already considered by legal expert Margaret Somerville to be "technically criminal assault."
Just because Intact is not presently involved in criminal suits doesn’t mean that you can’t make a criminal charge against the doctor who circumcised you, the nurses who assisted, your parents, or whoever. Through regular channels, it never costs money to bring a criminal charge against someone, though there can be costs involved in gathering evidence against them.
Criminal charges are usually pursued by the government, usually through the police. A criminal charge, if won (becoming a criminal conviction) results in the person convicted being put in prison, losing their licence to practice in their field, ordered to do community work, or a combination of these. In some cases, the judge will also order a criminal to pay money to someone injured by their crime. After either winning or losing a criminal case, you can still then launch a civil suit and get money later. It is easier to win a civil suit after the criminal suit has been won. It is also possible to win a civil suit after a criminal suit has been lost (just think of O.J. Simpson). This is because the level of proof required for a criminal conviction is much greater than for a civil case.
Am I too late to go after them?
Unlike in civil cases, there is no statute of limitations (time limit) on criminal charges. You should have certain information (the doctor’s name, the date of the crime, where it took place, etc.) before you call the police. This information is available to you via your medical records, kept at the hospital where you were circumcised, and cannot be refused you.
How do I go about it?
Quite simply, you either write a letter to the police (or go there yourself), and tell them that you were assaulted and want to press charges. You must go to the police department and division where the crime took place and make your complaint to them. Give them copies of your documentation, in case they get lost.
What are the grounds of my complaint?
Your argument is that because circumcision is not necessary and since it has harmed you, it constitutes assault. There are different types of assault, and more than one type can be used in a given case at the same time. If either the police or your lawyers need more information or evidence about the harm of circumcision, Intact’s assistance and documentation are available freely (see How to Reach Intact).
What if the police won’t do anything?
It is possible that the police won’t do anything, because they have what is called discretion in pursuing a crime. If the police refuse to take action, there is a police department called the Professional Standards Unit that you can apply to. They will review why the police did not take action, and may force the case to be reconsidered. Always be sure that you have the dates of your calls and statements, and copies of everything. The police can be punished for not taking action. Be sure that they know this and that you are willing to do so if they don’t take your case seriously. Remember, you pay the police to protect you and to work for you in matters like this.
And if all else fails....
Keep in mind that it is not necessary to have the police bring your case to the courts for you. A recently enacted law allows citizens to bring their own criminal charges directly to court. If the police fail to take action, you should go directly to a Justice of the Peace. This is not the same as a judge, but they do have legal training and will advise you for free on how to proceed. Again, you would go to the court that covers the area where the crime took place. Show them your documentation and they will help you from there. In cases like this, it is sometimes possible for a lawyer to be found who will work on your case for free.
You can also bring a complaint about police inaction to your Provincial Solicitor General’s office. This office is responsible for law enforcement and public safety within each province. In Ontario you should address your complaints to:
Ministry of the Solicitor General
11th Floor
25 Grosvenor Street
Toronto ON M7A 1Y6
For general information, call the Ministry of the Solicitor General at
(416) 326-5010
To call or fax the Minister's office, dial
(416) 326-5075 (tel.)
(416) 326-5085 (fax)
What kind of defence might they use?
The defene will argue that they did not intend to commit a crime (intent is important). They may claim that they didn’t know it was harmful. They can be convicted on the basis of recklessness, however, meaning that they took an unjustified risk of harming you. They may also be convicted because of negligence in not knowing it was harmful. If it could be reasonably expected that a doctor doing circumcisions should have read the medical articles published at the time on circumcision, then he may be found criminally negligent.
The accused may also try to use the defence that your parents gave them permission to circumcise you. Permission is not a defence that has a good chance of winning. You cannot give someone permission to assault someone else.
In short, “I didn’t know it was against the law,” and “but they told me to do it,” are not usually considered to be strong defences against criminal charges.
Remember, if you need more information or support, feel free to contact Intact. All communications with Intact will remain strictly confidential.
Additional Information:
If you can't seem to get any action, try the
Victim Support Line:
(416) 314-2447 or 1-888-579-2888On the menu, press
1 for English or 2 for French, then2. for referral to victim support, then press
- for general help and referral to services in your area. Get them to refer you to someone who will take on this issue. Perhaps even better is:
- to get to "the Ministry of the Attorney General's Office for Victims of Crime. They are looking at how services for victims of crime in Ontario are being provided and they are interested in hearing if you have any concerns about gaps in the services you require." Tell them about the gap in your service.
Intact's services are free, but we do need money to survive. Donations are always gratefully accepted. There is no copyright on this document. It may be reproduced at any time by any means necessary, provided it is presented complete and is not altered in any way.