OPS Sexual Assault Guide 2023 EN

HOW LONG WILL THE POLICE PROCESS TAKE?

After your initial report is taken by responding officers you can expect that your file will be assigned to the Sexual Assault Unit and the VSU (if not already engaged). Response time at this stage is dependent upon many factors, including but not limited to, the evidence-gathering process and the availability of resources. These processes can take weeks or months. We recognize that wait times for your case to move along can be very stressful, so it is important to access those supports and resources that are available to you. Can I report a sexual assault years after it occurred? In Canada, there is no statute of limitation for sexual offences which means you can report it to the police no matter how long ago it happened, and someone can be charged with sexual assault. The passage of time does, however, impact the ability of police to gather evidence. What if I work in the sex trade? Anyone can be sexually assaulted at any time, anywhere, and by anyone. This means that a sex trade worker can be sexually assaulted by a client. Any sexual contact that was not consensually agreed to is a sexual assault. Working as a sex trade worker is not an offence so you will not be arrested for that if you report a sexual assault to police. What if the sexual assault involves my former or current intimate partner? Intimate Partner Violence (IPV) is any use of physical or sexual force (actual or threatened) in an intimate relationship (current or former). It also may include harassing behaviour. Anyone can be a victim/survivor of IPV. Intimate partner relationships include those between current or former spouses, common-law partners, and/or dating partners. These relationships vary in duration and legal formality. There is a provincial mandate that directs all police officers in Ontario to proceed with charges specifically related to IPV. If, in the course of an IPV investigation, it is determined that a sexual assault has been committed and reasonable grounds are established to lay charges, the police shall proceed with charges regardless of the victim/survivor’s wishes. Officers will explain to the victim/survivor and the accused that it is the duty of the police to lay a charge. Only a Crown Attorney can withdraw a charge, but this would only occur after a careful review of the investigation, including victim input.

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