How Long After a Sexual Assault Can You Press Charges in Canada?

In Canada, there is no time limit for reporting and pressing criminal charges for the offence of sexual assault. Legally, a victim of sexual assault is entitled to press charges at any time regardless of how long ago it happened.

However, the longer the period that has elapsed after the alleged offence occurred, the more difficult it becomes to prove the case against the defendant.

Many criminal offences and civil cases have statutes of limitations applied—mainly so that the integrity of the relevant evidence can be protected. 

There is no statute of limitations for a sexual assault but, generally speaking, the sooner you contact the police and report the incident, the greater your chances of obtaining justice.

What is classified as sexual assault in Canada?

In Canada, sexual assault refers to any unwanted sexual activity, including touching or kissing another person without their consent.

All sexual assault is nonconsensual. Any nonconsensual sexual activity can, therefore, be prosecuted as sexual assault under the Criminal Code of Canada.

The age of consent is generally 16 in Canada but younger people can consent to sexual activity with another person as long as that person is not more than five years older than them.

How should you report sexual assault in Calgary?

It’s best to report sexual assault as soon as possible after the incident has occurred. This will help preserve evidence for law enforcement when pressing charges.

There are three main ways to report sexual assault in Calgary:

• Phone the Calgary Police Service: call 911 if you or someone else are in an emergency situation or 403-266-1234. If you call the non-emergency line to report a sexual assault, your call will be followed by a visit from uniformed officers, who may advise you to get a medical check at the hospital. This will help to document any medical evidence of sexual assault and assist with the process of pressing charges if necessary.
• Go directly to the hospital: you can also go to the hospital to get medically examined to report a sexual assault in Calgary. Ask to see a SART (Sexual Assault Response Team) nurse. SART is a team of female Registered Nurses available 24 hours a day, who have been trained specifically to care for people who have been sexually assaulted within the past seven days. The SART nurse will advise you of your rights, discuss your treatment options, and ask if you want to report the assault to the police. If you decide to report the assault to the police, the SART nurse will call a detective from the sexual assault section and a police officer will visit you in the hospital.
• Go to a Calgary police station: you can also report a sexual assault by going to a police station and telling the officer at the desk what happened. You may be asked to write a witness statement while the police officer starts a report and an officer will be assigned to your case. You may also be asked if you want to visit a hospital for a medical check by a SART nurse.

What can you expect when reporting sexual assault in Calgary?

If you report a sexual assault, regardless of how you report it, you can expect to speak to a police officer who will request personal information and information about the incident to make a report. This is the first step and it may conclude the initial contact, provided you are in no further danger.

You will also need to undergo a recorded interview and make a recorded statement for the investigating officer—usually within a few days of the assault, depending on your condition.

Preserving evidence

The police officers you report the offence to are responsible for gathering, evaluating, and processing the associated information and/or evidence. 

As part of the process of preserving evidence, in the immediate aftermath of the sexual assault, you may be asked to refrain from:

• Showering or bathing
• Changing or throwing away your clothes
• Washing your hands or combing your hair
• Taking any drugs or alcohol
• Disturbing the crime scene

If you see a SART nurse and consent to a sexual assault kit, you will be examined by the nurse. She will document your injuries and collect forensic evidence for the police investigation and court process if charges are laid. Forensic touch evidence is admissible as evidence in court if the sexual assault is reported within three days of the occurrence.

What happens after you press charges for sexual assault?

Once the police have the necessary information from you and have investigated the incident, a decision will be made on whether to press charges against the accused. 

Sometimes, a lack of physical evidence can hamper a case, especially if the assault is not reported until well after it happened and the decision is made not to press charges at this stage.

The police officer may request a crown prosecutor review the file to provide a legal opinion about the likelihood of conviction. This opinion may affect the decision of whether charges can be laid or not. Either way, you will be informed of their opinion and you will be asked if you want to proceed with the court process.

If you do not want to press charges at this time, you can still file a report with the police. A record of the sexual assault will remain on file in case you wish to pursue it at a later date.

If the police lay charges against the accused, the case is sent to the Director of Criminal and Penal Prosecutions (the Crown Prosecutors’ office). From there, it will be sent to the court. 

The entire process from reporting the incident to the police to the court hearing for the accused can take many months or even years.

What if you don’t report a sexual assault until years later?

A sexual assault can be reported at any time in Calgary but the longer the duration after the assault has occurred, the lower the likelihood of a successful prosecution against the accused.

Even if the Crown prosecutors’ office decides that not enough evidence exists for a criminal conviction, victims can pursue a civil case against the accused and seek compensation for the losses caused.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.