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Jan 18, 2024 · While anyone can be a victim of sexual assault regardless of gender, a 2018 report by Statistics Canada revealed that approximately 8% of men have reported sexual assault complaints, compared to 30% of women. People aged 25 to 34 reported the most sexual assault incidents, representing almost one quarter of all self-reported incidents.
- Who Will Investigate My Case?
- What If The Offender Is Not caught?
- What Happens After The Arrest?
- Do Police Always Lay Charges?
- Deciding Whether to Prosecute
- How Long Does The Court Process take?
- What Is A Preliminary Hearing?
- What Is A Trial?
- Will I Have to Testify in Court?
- The Verdict
The police conduct criminal investigations. Investigations begin when police witness behaviour or receive information about behaviour which may be a crime. Some criminal investigations are completed quickly. Others take weeks, months, or, in complex matters, years to complete.
Unsolved sexual assault cases are never closed. They remain active. If further information is received, action will be taken that may lead to an arrest.
Once a person has been arrested and charged with a crime, they become “the accused”. Depending on the circumstances, the police can hold the accused in custody for a bail hearing or release them with conditions. If the police have not released the accused, the accused must go before a Justice of the Peace (JP) or a judge within 24 hours of the arre...
Sometimes the police decide not to lay a charge. This does not mean that the police do not believe you or that the sexual assault did not happen. It may mean that there is not enough evidence to prove a criminal charge in court. If this does occur, the investigators can tell you of other options available to you. The decision to lay a charge rests ...
The Crown attorney is responsible for deciding whether to proceed with charges against an accused person. He or she is required to prosecute cases fairly and treat all parties in the case, including victims, witnesses and the accused, in a fair manner. He or she must also consider the public interest in making a decision. The Crown attorney must an...
Depending on the case, it might take between a few months to a couple of years. This long wait may be difficult for you. It is important to get support during this time. Contact the Sexual Misconduct Support and Resource Centre for information and access to support services.
A preliminary hearing is a mini trial in front of a Judge. It is not required in every case but it is very common when sexual assault charges are laid. In a preliminary hearing, the Judge will decide if the Crown Attorney has enough evidence for a trial. You will most likely have to testify in a preliminary hearing. Other witnesses may have to test...
The Crown Attorney and the accused’s lawyer will ask you and other witnesses what happened before, during and after the sexual assault. At the end of the trial, the Judge will make a decision. It is important to remember that if the Judge decides the accused is not guilty, this does not mean you or the other witnesses were not believed. If the accu...
If the accused chooses to plead not guilty, you will most likely be required to testify at the preliminary hearing and at the trial.
Once the judge or jury has considered all the evidence, three results are possible: guilty, not guilty or, in the case of a jury trial, a hung jury. A hung jury means the jury was not able to reach a unanimous decision and jury members do not believe one can be reached. In this case, a judge may order a new trial with a new jury or without a jury. ...
The training that sexual assault investigators receive is focused on creating a consistent and thorough investigation into sexual assault cases, while respecting the needs of the victims and witnesses. The training is designed to enhance investigations of sexual assault by promoting best practices, in addition to victim sensitivity.
The legal age of consent in Canada is 16 years old. However, people under 16 years can have consensual sex with someone close in age: 12 to 13 year olds (two-year older age difference) 14 to 15 year olds (five-year older age difference) Individuals under 18 years old cannot consent to sex where:
If you feel threatened or need help right away: Call 9-1-1 . If you've been assaulted: Call the police now, or call a health professional such as a doctor, nurse, or counsellor.Remember that the assault wasn't your fault.Find a safe environment—anywhere away from the attacker.Preserve evidence of the attack.
Oct 18, 2019 · The Rape, Abuse & Incest National Network (RAINN) uses the 24/7 National Sexual Assault Hotline (800-656-4673) to connect you to a trained staff member. The hotline sorts your call using the first ...
Sexual assault is any sexual contact where consent is not given, consent is revoked, or you are unable to consent due to incapacitation. Sexual assault is a criminal offence by which one person violates another by way of unwanted sexual activity (i.e. touching, kissing and/or penetration). There are different labels in society that make up ...