What Happens If I Report a Sexual Assault?

*Disclaimer: this content discusses sexual assault and may be difficult or triggering for some readers.

*This post was written in the context of adult survivors of sexual assault navigating the Canadian justice system. While this article is well-researched and is largely focused on Canadian data, some studies come from the United States. It’s also important to remember I’m a therapist, not a lawyer. Survivors are encouraged to consult Victim Services or a legal professional for advice on their individual situation.

This is the first post in a series looking at sexual assault and the criminal justice system. My aim is to help readers to understand the landscape that survivors must navigate if they report and if their case goes to trial. I want survivors to be as informed as possible in deciding if moving through this process is the right decision for them. How sexual assault intertwines with the criminal justice system and the landscape victims face when they report, and when their case is prosecuted, is complex and has many variables.

This is a longer post. It’s focused on what the legal process might look like for a survivor of sexual assault if they decide to report. I’ve chosen to keep all of this information in one place so that survivors don’t have to search multiple sources to understand what the criminal justice process can look like. If things feel overwhelming while you’re reading - please take breaks and come back to it when you’re ready.

It’s also important to remember that sexual assault can be reported any anytime, even years later.

Key Definitions

Before we jump into the legal process, let’s get clear on some definitions.

Sexual Assault: any unwanted sexual behaviour or contact that occurs without explicit consent from the other party [1]. The term sexual assault includes attempted or completed forced sexual activity, unwanted sexual touching (e.g. grabbing, kissing, fondling), or sexual contact without the person being able to give consent (e.g. if the person is intoxicated) [2]. 

Rape: intentional sexual penetration “of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim” [3]. Rape is commonly thought to be the most severe form of sexual assault [4]. Rape is a form of sexual assault, but sexual assault does not necessarily mean rape.

Reporting & Medical Attention

Following a sexual assault, if the survivor is still in danger or is seeking medical attention, they can call 911 or go to the hospital [5]. At the hospital, doctors and nurses will provide survivors with options like treating any injuries, preventative care (like providing emergency contraceptives), and collecting forensic samples.

Hospitals are not required to report sexual assaults unless the person seeking care is a minor (under the age of 19). Adults will be given the option of if they want the hospital to contact the police for the survivor to file a report. Even if the survivor chooses not to file a report, they can still request that the medical team collect forensic evidence in the event they change their mind later.

For survivors who may not require medical attention or if 7+ days have passed since the assault, the non-emergency police line can be called. There is no time limit for reporting a sexual assault to the police, and some survivors choose to report years later [6]. The call taker will ask for some basic information, and an officer will be assigned to investigate the case [7]. If the survivor finds themselves distressed and/or needing emotional support, they can also ask for someone from the Victim Services Unit to attend [8].

The survivor will either be met by an officer in person, or be asked to come into a police station [7]. If the survivor requires medical attention and/or if police believe there may be forensic evidence depending on the nature of the crime, the police may ask to take the survivor to a hospital. Sometimes medical attention will be encouraged even if the survivor is not physically injured [9]. The survivor may also be asked to provide clothing or other materials (e.g. bedsheets) that were involved in the assault in case there is DNA evidence [7].

The Police Interview

The survivor will be interviewed about the incident at a police station[7]. This interview will be recorded (and officers will inform you of this). Police will ask the survivor to tell their story - what happened, when, where, with who. If there are any witnesses to the assault or events leading up to the assault, the police may also want to interview them. The investigating officer will also provide the survivor and any witnesses with their contact information in the event they remember more details after the reporting. It’s not uncommon to remember more details of a traumatic event later on [10, 11].

After the Interview

The police collaborate with the survivor to put together a plan to ensure their safety, even if they don’t know the perpetrator [7]. This might include a peace bond or no-contact order (essentially a restraining order) that prevents the perpetrator from contacting or being near the survivor [12].

After reporting, police will make a referral to Victim Services or will provide their contact information. Victim Services can provide emotional support, referrals to counselling, guidance for filling out documents and registering for programs, and can coordinate with other agencies [8].

Police may also communicate if they intend to arrest the accused/suspected perpetrator or if further investigation is required. The role of the police is to investigate if there is enough evidence to prove that a crime more likely than not happened [9]. Investigations can last weeks, months, or in rare and complex cases, even years [13]. If police conclude that a crime did occur and have a suspected perpetrator, they may arrest the accused. The survivor is advised if and when the accused is arrested.

It can feel frustrating and painful when a case is delayed or not pursued, but this isn’t a reflection of the validity of the survivor’s experience.

Charges & Arrests

If the case moves forward, it will be reviewed by a crown prosecutor who will decide there’s enough evidence to lay charges [14]. If charged, the accused/suspected perpetrator is either arrested or summoned to court [15]. If arrested, a bail hearing will take place where a judge will decide if they will be jailed or let out until the trial. Laws that require that victims of crime to be kept informed regarding the status of their case as it moves through the criminal justice process, or at minimum make the information available to them upon request [16]. In theory survivors should be kept informed all along their case, however in practice this does not always occur.

Plea Hearing

Typically survivors are not required to go to court unless their case goes to trial, so survivors are typically not at plea hearings. If the accused/suspected perpetrator pleads guilty, they will be sentenced for the crime by a judge [15]. Only Manitoba and Ontario have specific laws that require survivors to receive information about plea deal negotiations [16]. Although the process of plea negotiations may impact survivors profoundly, this process largely takes place behind closed doors without the opportunity for meaningful participation from the survivor. If the accused pleads not guilty, there will be a trial.

The Lead Up to Trial

If the accused/suspected perpetrator pleads not guilty, the survivor will be advised the case is going to trial. The survivor, the accused/suspected perpetrator, and any witnesses will receive a subpoena for a date(s) and location to appear in court. Survivors will receive a call from the police station advising that their physical subpoena is ready for pickup.

Cases that involve crimes against another person, like in the case of sexual assault, typically take the longest to resolve [17]. There are laws that require the trial to occur within a reasonable time frame, with 18 - 30 months is the maximum time frame from charges to the case being resolved.

Prior to the court date, the prosecutor will connect with the survivor to review details of the case, advise them of what the day will look like, and to remind them to be truthful in their testimony. They may also offer to meet the survivor at the courthouse prior to the trial to show them around. In the week leading up to the trial, the survivor will be provided with the transcription of their police interview so that they may review this beforehand.

If the survivor or other witnesses have moved since the charges, the crown may also cover expenses related to travel back to the jurisdiction to testify in court.

At Trial

It’s completely understandable to be nervous, anxious, or frightened before the trial and before testifying. If a survivor fears for their safety or feels distressed, the court can make arrangements for the survivor to testify behind a screen or away from the accused/suspected perpetrator. Survivors may testify and be cross-examined by the defence.

95% of criminal cases are resolved in Provincial Court [15]. In the case of serious crimes (i.e. indictable offences), the accused gets to choose if their trial will be held in Provincial Court or Supreme Court [18].

Provincial Court

Unlike on TV, criminal trials do not always have juries. At the Provincial Court level, it’s the judge’s role to determine if a crime was committed based on the evidence and apply a sentence if the accused/suspected perpetrator is found guilty [15]. After the judge has heard all the evidence, it may take them several months to consider the case and the law before finding a judgement (guilty or not guilty). Once the judge makes a decision, the survivor is contacted to inform them of the judgement. The judge will then move to making a decision on the sentence. Survivors to supply the judge with a victim impact statement [16]

Supreme Court

If the trial goes to the Supreme Court, the accused/suspected perpetrator can choose if they want a trial in front of a judge only or if they want their trial in front of a judge and jury [18]. If the trial has a jury, they will be charged with deciding whether the accused/suspected perpetrator is guilty or not guilty. The jury begins their deliberations after hearing all the evidence of the case [19]. There is no set time for how long the jury takes to make a decision.

If the accused/suspected perpetrator is found guilty by the jury, the judge decides on their sentence [18]. Survivors will have the option to read or supply the judge with a victim impact statement [16].Victim impact statements give survivors the opportunity to share how the crime and how the perpetrator impacted and harmed them. These statements can provide judges with information to help them apply an appropriate sentencing decision.

A Not Guilty Verdict

If the accused/suspected perpetrator is found not guilty, it will likely feel devastating after such a long and trying process. It’s important to remember that this isn’t the court saying the accused didn’t do it. It means that the crown was not been able to prove beyond a reasonable doubt (close to absolute certainty [20]) that the accused committed the crime. This is a higher standard than in civil law, in which the plaintiff (the person suing the accused/suspected perpetrator) needs to show that it is more probable than not, or a 51% chance, that the incident happened [21].

Regardless of whether the accused/suspected perpetrator was found guilty or not guilty, the survivor can also choose to sue them in civil court for sexual assault [22]. You can read more about the process of a civil suit here.

What Comes Next

In the next part of this series, we’ll explore the challenges survivors of sexual assault often face when reporting to police in Canada. It highlights issues such as victim blaming, skepticism around credibility, systemic racism and classism, and how police discretion shapes whether cases move forward. The goal is to provide survivors with a realistic picture of the process while emphasizing the importance of support along the way.

Do You Need Support?

I specialize in working with trauma and complex trauma, which can stem from sexual assault and childhood sexual abuse. If you live in British Columbia and are looking for a counsellor, I welcome you to book in for a free 20-minute consultation by clicking here. And if I’m not the right fit? I’m always more than happy to make a referral to my trusted network of clinicians.

References

[1] Government of Canada. (2009). Sexual assault and other sexual offences. https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr14_01/p10.html 

[2] Rape, Abuse & Incest National Network (RAINN). Sexual assault.https://rainn.org/articles/sexual-assault#:~:text=The%20term%20sexual%20assault%20refers,or%20penetrating%20the%20perpetrator's%20body 

[3] Federal Bureau of Investigation. (2013). Rape. Crime in the United States 2013. https://ucr.fbi.gov/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/violent-crime/rape#:~:text=The%20revised%20UCR%20definition%20of,rape%20and%20incest%20are%20excluded. 

[4] Siegel, J. A., Anderson, R. A., Silver, K. E. & Mitchell, T. L. (2021). Yes, (most) men know what rape is: A mixed-methods investigation into college men’s definitions of rape. Psychology of Men & Masculinities, 22(2), 401-411.  https://doi.org/10.1037/men0000337 

[5] BC Women’s Hospital + Health Centre. Sexual assault service. http://www.bcwomens.ca/our-services/specialized-services/sexual-assault-service#At--the--hospital

[6] Royal Canadian Mounted Police. Information for sexual assault survivors. https://rcmp.ca/en/relationship-violence/information-sexual-assault-survivors

[7] Vancouver Police Department. Sex assault. https://vpd.ca/report-a-crime/sex-crime/

[8] Vancouver Police Department. Information for victims. https://vpd.ca/report-a-crime/information-for-victims/

[9] Saskatoon Sexual Assault & Information Centre. What to expect when reporting a sexual assault. https://ssaic.ca/wp-content/uploads/2020/11/SSAIC-What-to-Expect-when-Reporting-FINAL.pdf

[10] Larsen, S. E., Pacella, M. L., Garfin, D., Mota, N. P., Hunt, J., & deRoon-Cassini, T. A. (2017). Inconsistencies in the reporting of perceived trauma severity among acute physical injury survivors. Journal of Aggression, Maltreatment & Trauma, 26(5), 525-542.

[11] Krinsley, K. E., Gallagher, J. G., Weathers, F. W., Kutter, C. J., & Kaloupek, D. G. (2003). Consistency of retrospective reporting about exposure to traumatic events. Journal of Traumatic Stress: Official Publication of The International Society for Traumatic Stress Studies, 16(4), 399-409.

[12] Department of Justice. (2021). No-Contact Orders. https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/orders-ordonnances.html

[13] Kruse, M. (2025). How long can a sexual assault case last? Kruse Law: Criminal & DUI Lawyers. https://www.kruselaw.ca/blog/how-long-can-a-sexual-assault-case-last/

[14] Public Prosecution Service of Canada. (2023). Decision to prosecute. https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p2/ch03.html  

[15] Courts of BC. (2020). Criminal. Provincial Court. https://courtsofbc.ca/provincial-court/criminal

[16] Government of Canada. (2021). Victim participation in the plea negotiation process in Canada. https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr02_5/p0.html#:~:text=As%20in%20Model%203%2C%20the,veto%20a%20proposed%20plea%20agreement.

[17] Department of Justice. (2019). Criminal court case processing time. Just Facts. https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2019/docs/apr02.pdf

[18] Courts of BC. (2020). Criminal. Supreme Court. https://courtsofbc.ca/supreme-court/criminal

[19] Justice Education Society. (2022). Making a decision. Criminal Law. https://supremecourtbc.ca/criminal-law/jury-duty/jury-duty-introducion/making-decision

[20] Justice Education Society. (2022). Rights of the accused. https://supremecourtbc.ca/criminal-law/before-trial/rights-of-the-accused

[21] Courts of BC. (2020). Civil Law. https://courtsofbc.ca/justice-system/civil#:~:text=Standard%20of%20proof%20means%20the,legally%20responsible%20for%20the%20injury.

[22] Sex Assault.ca. Sue for sexual assault and child sex abuse, Canada. https://www.sexassault.ca/lawsuit.htm#:~:text=While%20a%20criminal%20conviction%20is,a%20different%20standard%20of%20proof.

*I do my best to ensure my posts are accurate and to cite reputable sources, however if you notice something that needs a correction please reach out to me at monica@beginagaintoday.ca.