Can I Report a Sexual Assault Years Later?

And other questions survivors ask us about the reporting process

It is not uncommon to have mixed feelings or fear about making a police report after a sexual assault, and the popular information can be confusing, or frankly, misleading. Many clients of ours ask our counselling team the same questions about the legal system. Most frequently: can I report a sexual assault years later?

The TL:DR answer? You sure can.

Canada has no statute of limitations, meaning there’s no time limit on when you have to report a sexual assault by. Barring a few extenuating circumstances, it is entirely your decision to report* sexualized violence to the police. According to our client statistics, most survivors not only don’t report right away, but never report at all. With that said, it can be more difficult to investigate and find evidence for cases reported years after. Regardless of whether or when you choose to report, we know that that doesn’t take away from what happened to you.

Deciding to report to the police is not as simple as getting yourself to the police station; we understand that the emotional toll alone can be debilitating, as rehashing a traumatic event can often be. If you do not want to make a report now, it is helpful to write down everything that you can remember about what happened to you, as you can report at any point in the future.

What if I got a rape kit done at the hospital?

If you choose to have a forensic exam (previously called a rape kit) at the hospital, the police will automatically be called to collect the forensic evidence. You can give a statement (detailed information about what happened) while the officer is there at the hospital, or provide your name and contact information so they can be in touch with you later. While this does trigger the investigative process, if at any point you no longer wish to proceed with your case, the investigators will almost always respect your choice**. For more information on the process, please visit the Saskatoon Police Service website.

What happens if I do decide to report?

The first step will be making your statement. A statement is the record of a survivor’s perspective of what happened, including everything a survivor can remember about the sexual assault. The statement is the basis of the police investigation and may be used later in court, so it’s important to answer every question honestly and to the best of your ability.

The police may ask you for information such as:

  • What happened
  • Where and when
  • If you do or don’t know the perpetrator, and a description if possible
  • Whether a weapon was used
  • What the perpetrator(s) said and did
  • Whether you gave consent or not

Some of the questions may seem strange or embarrassing; however, the police need all the details of the incident to thoroughly investigate your case. Therefore, all questions should be answered as accurately and clearly as possible. If there are things you cannot remember, it’s okay to say, “I don’t remember” or “I’m not sure”. Remember, the job of police is to investigate all aspects of any complaint.

Where can I make my police report?

An incident of sexual assault must be reported in the municipality (city) where the incident happened.

If the assault took place within the city of Saskatoon, your report must be made at the Saskatoon police station. If the assault took place outside of the city, contact the appropriate RCMP detachment. If you are not physically or emotionally well enough to come to the police station, the police will do their best to make other arrangements.

I can barely remember what happened…is it worth reporting?

Only you can decide whether or not a sexual assault is worth reporting. If you’re feeling on the fence, it can be helpful to think about what you hope to achieve by reporting with a trauma professional who can answer your questions (like staff at Victim Services or SSAIC). Remember, there is no statute of limitation on reporting sexual assault, so you can make the report at any time in the future.

It is completely normal for survivors of a traumatic experience to have difficulty remembering things in chronological order, or to remember a lot of details. (If you’re interested in the science of trauma, this is a helpful video.) It may help you to write down what you can remember before you make the report.

For emotional support, or any other information around reporting to police, contact SSAIC or your local mental health provider.

*Exceptions: if a child is in need of protection, you have a duty to report to the Ministry of Social Services. Please review this information for Saskatchewan’s Duty to Report Child Abuse.

**Except in extreme cases of public safety, they will always respect your wishes.

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