Legal Information (Return to)

Criminal Charges

Criminal charges require that the victim report the sexual assault to the police. The police will then do an investigation to determine if charges will be laid. If they determine that there is enough evidence to lay a charge then they will do so, and the case will then go to the Crown Prosecutor to be prosecuted before the courts.

However, if the police decide that there is not enough evidence to lay a charge, the victim can do this themselves. This is referred to as 'laying your own information'. This is a more difficult route to go, however, it does allow the victim to try and move the case forward on their own. You can lay your own information with the Crown Prosecutor's office, and they will determine if they will take the case before the courts. Without the support of the investigating officers the Prosecutor is less likely to take the case to court, but it is an avenue that the victim has open to them.

If the case does go to court there are two important things to remember. First, as the victim of the assault you are a witness for the Crown. They are not your lawyer and therefore, you do not have your own lawyer. Second, the guilt of the offender is determined using the standard that they must be found guilty 'beyond a reasonable doubt'. Just because an offender is found not guilty does not mean that the victim was not believed, but rather that there was not enough evidence to convict.

Civil Remedies

The Victims of Crime Financial Benefits Program