EXPERIENCED WINNIPEG CRIMINAL LAWYER

How to File an Assault Complaint

Last updated
January 27, 2024

The major reform of Canada’s sexual offences commenced in 1983 and continued throughout the 90s. These reforms were primarily due to the concerns of a sexual assault victim and assault lawyers. This encouraged the reporting of an assault and improved the criminal justice system’s response to reports of a sexual assault. Much like other nations, Canada faces challenges in terms of reporting, investigating, and prosecuting sexual assault cases. In recent years, the number of victims of sexual assault reported to the police has increased after the #MeToo movement. Differing slightly with each case, but the following are the main things to remember when filing a report for an assault.

Should You Report to the Police?

This is one of the toughest decisions to make. For the most part, you can go either way, but here are the exceptions:

  • If the victim has been assaulted by a past or current intimate partner and the police become aware of it. In this case, the Winnipeg Police Service policy on domestic violence requires police to proceed with an investigation.
  • The sexual assault involved a child under 16 years old. In such cases, the police must be included and investigate the matter.

If You Decide to Report:

  • Try to preserve any evidence possible. Try not to bathe, wash, change, or destroy your clothes.
  • Try not to alter the area where the assault occurred.
  • Call an assault lawyer and have them available while reporting it to the police

The Time Allowed for Reporting an Assault

In compliance with the law, any victim can report a sexual assault at any time of life. That is because the law gives the margin for the psychological trauma behind the assault, and there are no time constraints for such a crime, and the guilty can be pursued any time you decide to report them. There are, however, the following points to consider:

  • The guilty should be alive while an assault case is charged on them.
  • The time constraints depend on which province you are in. If in Winnipeg, an assault lawyer is in a better position to guide you.

You can file a criminal charge against the guilty, and things will go much easier if you involve the top assault lawyers in Winnipeg. Selecting an assault lawyer in Winnipeg can be an arduous process, but it will pay off to do your research in this regard. After you file a report and investigation is followed, aided by the police and the lawyers. The assault lawyers in Winnipeg might suggest that you attach your medical reports to the police report if you had any done. 

Although reporting such a crime can take a toll on your mental health, it is essential to find the courage and report them anyway. They are integral if you want to protect yourself and your loved ones. If this is made a common practice, then such crimes will decrease in occurrence, and people will be more aware of their rights and protection.