If you’ve been subjected to sexual violence, it’s up to you to decide whether to lodge a complaint. There’s no time limit for doing so, and there are legal remedies available.
Victims of sexual assault often need time before reporting that they’ve been attacked. If they decide to do so, there are two legal options: criminal prosecution and civil proceedings.
Whether or not you decide to report the incident to the police or take civil action against your abuser, you can contact Indemnisation des victimes d'actes criminels (IVAC). You can also have access to support resources, including resources in Indigenous languages, and free legal advice.
Criminal prosecution
Sexual assault is a crime and a person found guilty may be sentenced to prison. Criminal proceedings are used to determine whether the accused person is guilty of the crime.
It begins with a complaint to the police, which leads to an investigation.
The prosecutor from the Director of Criminal and Penal Prosecutions (DPCP) acts as the State's attorney. Depending on the results of the police investigation, the prosecutor decides whether charges will be laid.
If a person is charged, they can:
- Plead guilty. The prosecutor and the accused's lawyer, with the judge's agreement, can then try to reach an agreement about the sentence. If an agreement is reached, a trial is avoided.
- Plead not guilty. For the accused to defend themselves, a trial is held before a judge, with or without a jury.
During the legal process, victims who so wish can be accompanied and limit their contact with the accused. This support can be provided by the court specializing in situations of sexual or domestic violence. This court exists in several regions of Québec.
For the accused to be found guilty at the end of a trial, guilt must have been proven beyond all reasonable doubt. Otherwise, the accused is acquitted.
Civil proceedings
Victims of sexual assault may seek financial compensation for the damage they’ve suffered by means of civil action against their assailant. The court will have to determine whether the accused person is actually responsible for the harm caused. If so, the accused must pay the victim a sum of money.
Is the assailant deceased? A civil action against the assailant’s succession is possible up to three years after the assailant’s death.
It’s possible to file a civil action even if:
- No criminal complaint has been lodged;
- The criminal complaint was settled without a trial;
- The criminally charged person was acquitted.
The judge will rule in favour of the person whose testimony is most likely to be true. If the judge believes the victim's testimony, the person being prosecuted will be found liable for damages.
What about social networks? A person is innocent until proven guilty. If, for example, they lose their job because of your public accusations, they could sue you civilly.
Any questions or problems?
To find out more about the criminal justice process, call the DPCP domestic and sexual violence info line at 1-877-547-3727.
For support, turn to:
- Crime victim assistance centres (CAVAC);
- Centres d'aide et de lutte contre les agressions à caractère sexuel (CALACS);
- Rebâtir project attorneys.
If you have a complaint about the quality of public services you receive, you can approach:
- Police services: your municipal police force or the Police Ethics Commissioner;
- DPCP services: the chief prosecutor concerned;
- IVAC or the Police Ethics Commissioner services: the Protecteur du citoyen.
Also see:
Victims of spousal or sexual violence: there are resources for you
Victims of spousal or sexual violence: the law protects you
