EXPERIENCED WINNIPEG CRIMINAL LAWYER

How to File a Sexual Assault Complaint

Last updated
January 27, 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 to 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 to the society that victims aren’t alone in condemning this horrible
crime.

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

How Much Time is Allowed?

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 on 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 upon 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.

Involvement
of Police

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 requires the victim to sign the complaint
report, gets a higher authority to sign the report too, and seals 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 to the case. The police will usually
inquire if the victim is dead sure about the involvement of other person(s) or
if it is only a doubt.

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 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.

You Can Take a Civil Action.

While the best way to punish an assault criminal is to bring
him in the investigation of police and get him to face the consequences, you
can choose to handle things the other way round. That way, a victim may report
a claim against the criminal in a civil court. Once proved guilty, the criminal
has to pay off the obligations. Though 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 The Civil Action

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.