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What to Expect
From
the Police
Much work has been done within Edmonton Police Service to make officers
more aware of the issues surrounding sexual assault and to attempt to
disspell the myths about victims and the crime. Therefore, in calling
the police, you can expect to be treated with dignity and taken seriously
in reporting a sexual assault. When the police are notified of an assault,
they dispatch a patrol car. The police officer(s) will make an initial
report based on your account of what happened, but the detailed investigation
may be done by detectives from the Sex Crimes Unit. If you have just been
assaulted the police may want to meet you at a hospital so that you can
get the medical-legal (evidence gathering) kit done. This kit is optional
to you, but it does allow the police to possibly gather physical evidence
to support a charge of sexual assault.
If you are too upset or weary to give much information for the initial report, the police may postpone getting a complete statement until the next day. However, they will want to get as much information as you can give them about the assailant so that they can locate them as quickly as possible.
When a sexual assault is reported to the police, they may begin an investigation. If a charge is not laid, do not assume the police do not believe you. There may not be enough information to identify the assailant, or there may be insufficient evidence for the police to proceed. However, if you feel you would like to pursue the matter anyway, you can lay a charge yourself by contacting the Crown Prosecutor's Office.
If you have decided you do not want to be involved in the legal process, the police can still be told a crime occurred. You can report the details of the sexual assault and tell the police you do not want to pursue it at this time. This makes it easier if you change your mind in the future and it helps the police learn more about trends, locations and methods of assault.
From
the Courts
After a charge is laid, the suspect will be arrested (once they are located
by the police) and taken into custody. A bail hearing will be held within
48 hours. Often the suspect is released on their recognizance. One of
the conditions of bail may be that there be no contact with the victim.
Each case is different so ask the police or crown prosecutor about this.
There is usually a preliminary hearing, but this depends on the court chosen by the accused and their attorney. The preliminary hearing will likely be held within a few months of the reporting of the assault. The purpose of the preliminary hearing is to determine if there is sufficient evidence to proceed to trial. The victim is required to appear as a witness for the Crown. The first person you spoke to after the assault and other relevant witnesses may be called to testify. Other expert witnesses, such as the police, or the physician who examined you, may be required to appear. Victims need to prepare themselves for the fact that the accused will be in the courtroom. If the judge decides that there is sufficient evidence the case will proceed to trial. The trial may not take place for several months. The victim will be required to testify again at the trial.
There are other factors to consider when deciding whether to report a sexual assault and to carry through with it to the trial stage. These factors are more emotional than procedural. At a trial you will need to relive the entire assault through the telling of your story. You will be questioned by the defence lawyer who is trying to prove their client, the person who assaulted you, innocent. As well, you may be asked questions that you feel are irrelevant, but that the court may see as being necessary - such as asking about your prior sex life, requests to see your counselling, medical and other records, references to how you were dressed, etc. Lastly, you may encounter a judge who believes the myths about sexual assault victims. (It is for these reasons that our Centre does not recommend or discourage people from going to the police or the courts - this is a decision that each individual must make on their own weighing all the options).
A verdict of not guilty does not mean that the sexual assault did not happen, only that it could not be proven beyond a reasonable doubt (the standard that is used in Canadian criminal cases). Both the Crown and the defense can appeal the decision.
