What happens when I decide to report a recent sexual assault to the police?

If you do not want to report to the police directly, someone else may be able to report for you. This is called Third Party Reporting, and the requirements for this form of report vary by jurisdiction across the provinces. In Simcoe County, the guidelines are as follows:

• Third party reporting can be done by anyone; there is no age limit to who reports or for the age of the victim. If the victim is a minor, the police will contact the appropriate authorities (child and family services, family, etc.)
• All third-party reporting would go through the non-emergency line (1877-723-9305)
• Once a report is made, the police will launch their investigation. During this process both the victim, complainant and the accused will be contacted. While the victim may not want to report immediately or at all for their own reasons, if it is initiated by a third-party, the process is the same as if they contact the police on their own
• Reports should never be made on someone’s behalf without their prior consent

If you want to learn more about third party reporting in a jurisdiction outside of Simcoe County, please call the Legal Advocate at the women’s shelter closest to you for information (visit Shelter Safe to find the shelter closest to you).

Yes, you can still file a report at the police station. You can also report the abuse to any social media platforms that it is occurring on. Digital abuse poses unique challenges and threats to safety, so you may also find these additional resources helpful:

• The BC Society of Transition Houses has a Technology Safety Project that has developed resources and information on technology-facilitated abuse.
• Naomi Sayers created an Online Reporting Tool that you can use to create a report on a case of digital abuse, which can then be taken to a legal professional of your choice. This tool is not the same as filing a report with the police, but rather provides you with an organized document of information concerning the abuse.
• Tech Safety Canada has also created a Preserving Digital Evidence Toolkit, which you can use to prioritize your safety, and organize all relevant information that you may need to file a report.

Creating a safety plan is about brainstorming ways to be safe that may also help reduce the risk of future harm. It might include considering:

• Your immediate physical safety
• Your emotional safety
• Your safety and technology
• Your safety at home, school, work, etc...
• Your safety and transportation
It is important to continuously adapt your safety plan to your needs and current environment so that you can stay as safe as possible. This might mean that your plan needs to change after filing a report. You can connect with Athena’s Sexual Assault Counselling & Advocacy Centre and/or Athena’s Legal Advocate for support.

No. Filing a report with the police means that you are informing the police about what happened at the time of the assault. The report will be on record, but it is not the same as opening an investigation. You can consent to opening an investigation, which is when the police will work to collect evidence that can be used to prosecute someone in court. You can decide to file a report, but not pursue an investigation. You can decide to file a report and reopen an investigation at a later date. You can also decide to file a report, and pursue an investigation right away, or you can decide not to report at all. The choice is yours.

You might find it helpful to write down, or otherwise record all of the details you can remember about the assault before going into the station to file a report. After we experience an event that could be potentially traumatizing, it is very normal to forget details about the event. This is because our brains are trying to protect us. Sometimes, it is even harder to remember these details when we feel anxious, which you may feel when going to talk to the police. This is perfectly normal and okay, and it is why some people might find writing out their thoughts and memories before going in to be a helpful strategy.

If you decide to report your sexual assault to the police, they will ask you to answer/do the following to the best of your ability:

• Provide a description of what happened (who, what, when, and where)
• Provide a statement that may be recorded with audio and/or visual
• Answer interview questions
• Provide any names that you can remember (including names of the perpetrator[s], witnesses, and bystanders)
• Provide any physical evidence you may have
• Contact the investigator or detachment if you remember any additional information later on

After your meeting, the police investigator will generate a file number, and will begin an investigation if you decide you want to move forward with one. Remember, you can access the support of the Legal Advocate at Athena’s Sexual Assault Counselling and Advocacy Centre when you make your report. If there is enough evidence to lay charges, the police and the Crown could ask you to testify if the matter proceeds to court.

If there is an ongoing domestic violence investigation, and it is determined that a sexual assault has been committed, and there are grounds to lay charges, the police will proceed with charges regardless of the survivor’s wishes. This is because of a provincial mandate that directs all police in Ontario to proceed with charges specifically related to domestic violence.

A Statute of Limitations details the maximum amount of time after an event has happened within which legal proceedings can occur. Since there is no Statute of Limitations for sexual assault in Canada, you can report at any time. This is also how you are able to file a report but decline to open an investigation until a later date. This also means that unsolved sexual assault cases can be reopened if more information is received or found, which can lead to an arrest or charges at a later date.