How Sexual Assault Investigation Process Works in Canada

Sexual assault cases have the lowest rate of reporting among any crime in Canada, according to numerous studies. Statistics Canada recently reported that only 6% of sexual assaults were reported to police nationally in 2019, and over the past decade, other studies have indicated that at least 90% of sexual assaults in the country go unreported.

The most common reasons cited by women in the report for not reporting the crime included:

  • That the offender will not be adequately punished.
  • Shame or embarrassment
  • A feeling that they will not be believed.
  • Fear that reporting the crime will bring disgrace or dishonour to the family.

Given the sensitive nature of sexual assault and the known reluctance of victims to report the crime, police take a gentler approach to examining such cases.

The Process of Establishing Sexual Assault in Canada

While rape is the most obvious form of sexual assault, Canada’s Criminal Code and Canadian Supreme Court rulings define sexual assault as any assault of a sexual nature. The Code does not codify rape as a crime, and does not clearly define what makes an assault “sexual.”

Section 265 of the Criminal Code defines assault as:

  • Applying force, directly or indirectly, to another person without their consent.
  • Through gestures or acts, threatening or attempting to apply force to another person to the extent to which they believe they are being assaulted.
  • Accosting or impeding another person while visibly carrying or wearing a weapon.

Sexual assault is first referenced in the Code in Section 271, which lays out the penalties for committing the offence. These penalties include a maximum 10-year prison term if charged as an indictable offence. However, if the victim is under 16, a minimum sentence of one-year imprisonment applies, and the maximum rises to 14 years.

As a summary conviction offence, 18 months’ imprisonment is generally the highest penalty, unless the victim is under 16 – in this case, the max rises to two years.

Given the lack of a clear definition, it becomes the high court’s responsibility to determine what constitutes as sexual assault under the law. In its decision, Justice defines sexual assault as an assault under the Code’s Section 265 if committed with a sexual or carnal nature that violates the sexual integrity of the victim. To determine this, courts must examine all circumstances of an alleged sexual assault to assess whether a “reasonable observer” would deem the defendant’s actions as having a sexual or sensual context.

Among relevant factors courts should consider, Justice noted the following:

  • Body part touched.
  • Nature of contact.
  • Situation in which it occurred.
  • Any words or gestures made by the defendant.
  • The apparent purpose of the act, if evident.
  • The potential motive of sexual gratification.

The clarity added by Canada’s high court makes it easier for police and the courts to determine what constitutes as sexual assault. While rape and groping are obvious forms of sexual assault, the high court’s ruling clarifies that less apparent forms of sexual assault —  such as patting a woman’s buttocks — can also be charged as sexual assault if the circumstances warrant it.

What Is the Role of Police During the Investigation Process?

There is no statute of limitations for sexual assault, which means that victims can report the offence to police no matter how long ago it occurred. With that being said, the passage of time impedes the police’s ability to gather enough supporting evidence to bring charges.

When a victim reports a sexual assault to the police, they have the option to make the report for information purposes only. This gives the victim time to assess whether they want to pursue criminal charges, and does not preclude them from doing so later.

Many police agencies have officers specially trained in assisting sexual assault victims. Along with carefully helping victims recount the details of the assault, these officers may guide them in decision-making and connect them to support services. The Ontario government also offers free independent legal advice to sexual assault victims to advise them of their options for responding to the assault.

If an officer is dispatched to the location of a reported sexual assault that has just occurred, they will assess the physical and emotional condition of the victim to determine whether they need medical care and/or support services. The officer will also collect or otherwise preserve any physical evidence and conduct an initial interview to gather basic information about the incident. If the suspect is in the vicinity and the officer has established probable cause, they will arrest them.

Whether reported at the scene or at a police station, other information investigating officers may seek from the victim includes:

  • An in-depth interview to uncover as many incident details as possible.
  • Names of the suspect(s) and potential witnesses.
  • A statement that may be audio or video recorded.
  • Any physical evidence not otherwise secured by police.
  • Cell phone and/or social media records, if applicable.
  • Contact information of others who may have a connection to the incident.

If warranted by the type of assault—such as rape or other extensive physical contact—the victim can choose to submit physical evidence through a sexual assault evidence kit (SAEK). This evidence is collected by trained medical professionals who secure bodily fluids, blood, DNA, hair, and skin transfers from the assailant.

The SAEK process is voluntary, and can be conducted with police guidance or without police involvement. Most hospitals keep these kits onsite, and will store evidence for up to a year.

How Long Does a Sexual Assault Investigation Take?

As with other criminal investigations, a wide range of variables can affect the timing of a sexual assault investigation.

The timeliness of reporting an assault plays a distinct role, as it’s easier to investigate cases when the evidence is fresh and the victim and potential witnesses have a clear near-term recollection of the incident. In general, sexual assault investigations take anywhere from a couple of months to a couple of years, according to the Toronto Police Victim Services Unit.

Sexual assault cases that do not lead to an arrest due to limited evidence, failure to locate the suspect, or other reasons are never closed. Unresolved cases can always be re-opened if more evidence or information in support of the charges comes to light.

At Vilkhov Law, we understand the importance of taking sexual assault accusations seriously. Reach out to a member of our team to schedule your consultation.

By |2023-09-15T17:27:27+00:00September 27th, 2023|Sexual Assault|

5/5 - (2 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 121 reviews fromNikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruKathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfuljs_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top