Victims of sexual assault often need time to fully understand what happened to them. And it can take years before they have the courage to take action. The time limit for taking an aggressor to court is different for civil and criminal cases.
Making a Criminal Complaint
Sexual assault is a crime. There is no time limit for making a complaint of sexual assault to the police. Anyone who knows about a sexual assault can make the complaint, not just the victim.
The police investigate the complaint. Then the Director of Criminal and Penal Prosecutions, often called the “Crown,” decides whether to formally accuse the suspect of a crime. So, a suspect’s trial might take place years after the sexual assault.
A person found guilty of sexual assault can be sent to prison.
The criminal court process can be difficult for victims. So, the law gives them special rights to ensure they play a role in the process.
Please note! A specialized court for sexual and domestic violence will soon be created in Quebec. First, a pilot program will run in five regions of Quebec. Then, the specialized court will be created throughout Quebec. To learn more, read our article “New Specialized Court for Sexual and Domestic Violence”. If you are experiencing sexual or domestic violence, see our list of resources that can help.
Civil Case: Asking for Compensation
The victim of sexual assault can take the aggressor to court in a civil case. The purpose is to ask for an amount of money to repair the harm the victim suffered.
Victims can take the aggressor to court in a civil case even if no criminal complaint was made. Criminal and civil cases are different.
There is no time limit for a victim of sexual assault to take the aggressor to court in a civil case. In other words, a victim can sue an aggressor even if the sexual assault occurred many decades ago.
If the aggressor has died, the victim can sue the aggressor’s estate. However, the victim must file the lawsuit within three years of the aggressor’s death.
Resources for victims
Refer to our article on the various resources available for victims.