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There is certain information that someone who has been sexually assaulted may want to know before deciding to report the assault. If someone is charged, it can also be helpful to know about the court process.
If a person has reason to believe that someone under 18 has been sexually assaulted, the law requires that they report it.
Unless the assault involves someone under 18, it is up to you to decide whether to report the offence to the police. If you do not wish to report to police, that is your right. You can always report the assault at a later date. There is no statute of limitations on reporting sexual assault. This means that there is no deadline for reporting the crime like there is for some other crimes.
However, if you decide to call the police, it is better to call sooner than later. This gives the police a better chance of finding and catching the perpetrator of the assault. If you are considering reporting the assault to the police, you will want to take steps to preserve evidence. You will also want to have a forensic examination.
If you do call the police, depending on the circumstances, they may come to where you are. Once they arrive, they will protect anyone still in danger, look for evidence and preserve evidence. They may take you to the hospital for medical attention.
If you first report the sexual assault at the hospital, the police will generally come to the hospital. You can also report the assault at a later time by calling the police.
You will usually be asked to go to the police station to make a statement about what happened to you. If you are not well enough to go to the police station, other arrangements will be made.
For more information, see Reporting a Crime to the Police.
In addition to evidence collected at the forensic examination, the police may need to take photographs. They may also need to keep some of your clothing. The police may collect evidence from the scene of the crime. They may dust for fingerprints and take some property into custody.
If you report the crime to the police, you can apply for victim compensation regardless of whether anyone is charged or convicted.
There are a number of rights that victims have when it comes to criminal matters. This includes the right to information about how the investigation is progressing and whether anyone has been charged.
Those charged with crimes are often released from custody during the process. If you fear for your safety because the person is not in custody, you can consider applying for a peace bond. If you are being harassed or intimidated, the person may be charged with another criminal offence such as criminal harassment.
Remember you have the right to have your safety considered by everyone involved in the criminal justice system.
If the police charge someone and they plead not guilty, there will be a trial. As a sexual assault survivor, you may have concerns and questions about the process. You are entitled to information about how the criminal justice system works in general. You are also entitled to information about your specific case.
If the case goes to court, your testimony can be an important part of the case. You can be required to testify. You may want to look at information about being a witness and support for witnesses.
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Many sexual assault survivors are concerned about being required to answer invasive personal questions, particularly questions about their sex life. The law protects the privacy of victims of sexual assault by prohibiting certain questions. Evidence of any sexual activity, other than the assault itself, can only be admitted if it is:
In deciding whether to allow evidence of previous sexual activities, judges must consider a number of things including:
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Sexual activity includes any communication of a sexual nature. This means that these are covered by the same rules that restrict when evidence of previous sexual activity can be introduced.
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There are rules about when the defence can access or use your personal records in a criminal trial for sexual assault. These rules apply to personal records in the hands of anyone, including the prosecutor. Personal records are those that contain your personal information where you have a reasonable expectation that it would be private. This includes:
Records that are made by the police or prosecutor when investigating the offence are not included.
Personal records can only be shared with the defence if they are likely relevant to the case and it is necessary in interests of justice to do so.
Personal records can only be used as evidence if they are relevant and important to the case. Their value as evidence must outweigh the risk that using them would prejudice the proper administration of justice.
In deciding whether to allow a personal record to be shared with the defence or to be used as evidence, judges must consider a number of things, including:
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If the defence wants to introduce any evidence of prior sexual activity, they must apply to court. This includes through cross-examination of the victim. The defence must also apply to court if they want access to a personal record unless you agree to it.
As a victim of a sexual assault, you have the right to participate in the hearing. You also have the right to be represented by a lawyer whether you choose to be in court or not. You can contact Victim Services regarding this.
These applications are heard in private. The jury, if there is one, and the public cannot be present. The application and any evidence or arguments made when the application is being heard cannot be published. The judge’s decision also cannot be published unless the judge allows it to be after considering the interests of justice and the privacy of the person.
You might also be concerned about your privacy. Court proceedings are generally open to the public. However, the Criminal Code does specify some situations where the court may order that the public be excluded. Contact the prosecutor if you have concerns about privacy in court.
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Publication bans must be granted in sexual offence cases to protect the identity of the victim if it is asked for. You can talk to the prosecutor about requesting this order.
If the accused person is found guilty, they will be sentenced by the court. You have the right to tell the court how the crime has affected you through a Victim Impact Statement.
There are a wide range of sentences that are possible when someone is convicted of sexual assault. For more information on the length of sentences, see Sentences for Sexual Assault.
The Crown Prosecutor or Victim Services can tell you the time, date and place of the sentencing hearing if you ask. If you are not there when the sentence is decided, Victim Services can tell you what sentence the offender received.
This section discusses the impact that drugs or alcohol can have on consent.
PLEA offers free online training on preventing and addressing workplace harassment.