Crimes and Tickets

Sexual Assault: Taking Action Years Later

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People who have experienced sexual assault often need time to fully understand what happened to them. And it can sometimes take years to take action and pursue legal action.

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 person who has experienced the assault.

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 those who have been the victims of sexual assault. So, the law gives them special rights to ensure they play a role in the process.

Good to know!

Quebec is currently in the process of creating a specialized court for cases involving sexual and domestic violence. To learn more, see Justice Quebec’s website (French version available only). If you are experiencing sexual or domestic violence, see our list of resources that can help.

Civil case: Asking for compensation

People who have been the victims of sexual assault can take the person who committed the assault to court in a civil case. The purpose is to ask for an amount of money to compensate for the harm that was caused.

The person who experienced the sexual assault is responsible for initiating the legal proceedings and covering the fees out of pocket. They can choose whether or not to be represented by a lawyer. During the trial, they must prove that the sexual assault happened and demonstrate the consequences of the assault in their life.

The judge can order the person who committed the assault to reimburse certain costs such as therapy or to pay compensation for the physical or psychological pain suffered by the victim.

In some cases, the judge can also order the person who committed the assault to pay “punitive damages.” The aim of punitive damages is to punish a serious and intentional behaviour and to discourage others from doing the same. When children or minors are involved, judges will often award higher amounts for these damages.

People who have been the victims of sexual assault can take the person who committed the assault to court in a civil case even if no criminal complaint was made. Criminal and civil cases are different.

Civil legal action can be initiated even if the sexual assault occurred many years ago. However, time limits to sue may vary. Those who have experienced sexual assault can contact a lawyer to find out which time limit applies to their situation. In all cases, the time limit starts running at the same moment: when the person who experienced the sexual assault understands that the negative effects they suffered are the result of the assault.

If the person who committed the assault has died, the person who experienced the assault can sue the deceased’s estate. However, they must file the lawsuit within three years of the person’s death.