For some, telling the police about the sexual assault can be an empowering experience. For others, involving the police is not the right choice. As a survivor, it is important for you to understand that while reporting the sexual assault to the police can be very empowering, once the police are involved your ability to control the process will be limited. Overall, the process of reporting sexual violence can be traumatizing in itself, be sure to access support from a local Rape Crisis Centre.
The police will begin by taking a statement from you and will then start to collect evidence
Depending on the nature of the assault, you may be asked to undergo a Sexual Assault Evidence Kit at a hospital
If there is enough evidence, the police will lay charges
Once charges are laid, the accused will often not be in jail pending trial. But, the judge can put conditions on the accused’s release.
If the accused pleads guilty, you will not have to testify.
If the accused pleads not guilty, you will be required to provide evidence at the criminal trial and will be subjected to cross-examination by the assailant’s lawyer.
After a guilty plea or a guilty verdict, you may submit a victim impact statement to tell the judge how the assault has affected you and your family.
The accused can face up to ten years in prison. If a weapon was involved, the accused can be given a life sentence.
For some survivors, choosing to sue is the right choice. If you have been assaulted, no matter who did it or when it happened, it was not your fault. You should speak to a lawyer whenever it is safe to do so. There are no time limits for suing for sexual assault, domestic violence or child abuse.
Commencing a lawsuit is a big decision. A lawsuit can be a painful process, but it can also be a positive, healing experience. Perhaps most importantly, a survivor can regain a sense of power and control in suing the perpetrator(s). Unlike criminal proceedings, where a survivor is merely a witness for the crown and has no control over the process, in a civil case the survivor has a great deal of control over how the case is moves forward.
The civil process provides survivors the opportunity to hold more parties than the assailant responsible for their injuries. Often, sexual assault and sexual violence perpetrators take advantage of systemic failures, toxic work environments, and limited accountability measures. For example, an employer, school board, church, police service, etc., may be found to be liable for the acts of its employees by, for example, failing to investigate earlier complaints or check the perpetrator’s references. In some cases, the employer may be automatically liable for the wrongful acts of its employees.
A civil law claim entitles you to seek damages for several aspects of your injuries and recovery, including:
