How to File a Sexual Assault Complaint

Last updated
April 14, 2024

While there are scary statistics about sexual assaults in Canada, the national policy suggests that the victims may use certain options. This is not an accident – it is a crime; and, such a crime necessitates that it be reported to the acting authorities. While awareness campaigns and training sessions may play a vital role in eliminating such cases to an extent, timely action is also important if we want to put a complete full stop to this crime.

Having said that, females, or better say, any victims of such sexual assaults have the most significant role to play. They need to file official complaints against such people to denounce them and to show society that victims aren’t alone in condemning this horrible crime.

While a few points in any sexual assault case may differ, the following are the basic things everyone must know about the filing process for a sexual assault.

What Are the Time Constraints for Filing a Sexual Assault Complaint in Canada?

According to Canadian law, any victim can file a sexual
assault complaint at any time of life. That’s because there are no time
constraints, and the guilty can be sued anytime you decide to stand up for
yourself. However, there are two things to consider about the time limitations.

First is that the guilty or criminal should be ‘alive’ while a sexual assault case is charged against him. Otherwise, which means he had died already, before filing the complaint, the victim can’t claim any damages.

The second point that requires consideration is that the time constraint law may vary a little depending on which province you’re in. If you are in Winnipeg, the assault lawyers will be in a better condition to help you out about this. 

You Can File a Criminal Charge!

YES, you really have all the right to sue the guilty for a criminal charge while you accuse them of sexual assault. However, things become much easier if you delegate the tasks to a sexual assault lawyer.

What Are the Initial Steps for Pursuing a Criminal Charge with the Police?

1. Meeting with the Police and Documenting Statements

The first step to pursuing a criminal charge is to meet the police and discuss the crime. The police are obliged to record and document the statements in written and electronic form. In order to legalize things, the police usually require the victim to sign the complaint report, get a higher authority to sign the report too, and seal the report once that’s done. While discussing the issue, make sure to clearly explain when and where the problem started. Also, provide details if there was a group of people involved directly or indirectly in the case. The police will usually inquire if the victim is dead sure about the involvement of another person(s) or if it is only a doubt.

2. Follow-Up Investigation by Police Authorities

The reporting process is usually followed by an investigation, led by the delegated police authorities. If you have already obtained any sort of medical reports as suggested by the assault lawyers in Winnipeg, attach them with your complaint report. If not, get them ASAP! The sexual assault lawyer, after such an investigation from the police, will represent your case at the Crown’s Attorney as and when required.

Can I Take a Civil Action Against an Assault Criminal?

While the best way to punish an assault criminal is to bring him into the investigation of police and get him to face the consequences, you can choose to handle things the other way around. That way, a victim may report a claim against the criminal in a civil court. Once proven guilty, the criminal has to pay off the obligations. No amount of money in the world can account for or counteract the physical and psychological damages caused to the victim and which level of difficulties she/he had to go through – in the surroundings, at home or workplace.

Options for Pursuing Civil Action in Cases of Sexual Assault

A victim has many options to pursue civil action. Firstly, the victims can dictate their sexual assault lawyer to represent them at the civil justice court – and protect their reputation and integrity during the court proceedings and trials. The second option is that the assault lawyer may accompany the victim to the proceedings – and the victim chooses to fight the case themselves.

Whether it’s you or any of your beloved who is currently
going through the situation – remember that this crime needs to be reported.
This way, you can protect somebody else from going through the same atrocities.