Filing a complaint for sexual assault can be a difficult process without the right support. In Quebec, victims of sexual abuse have several options for filing a complaint and seeking justice: criminal recourse, civil action and compensation from a public agency. Each route serves a different purpose, and can be used separately or simultaneously, depending on the needs of the person concerned.
Understanding how each type of recourse works is key to deciding what action to take following a sexual assault. It will also help you make informed choices and benefit from appropriate support from a sexual assault lawyer or other professional familiar with the realities faced by survivors of sexual violence.
Understanding sexual assault under Quebec law
The simple definition of sexual assault is: any act of a sexual nature imposed without the consent of the person concerned. This includes touching, forced sexual intercourse, non-consensual sexual contact or any other form of non-consensual misconduct or sexual activity. These acts are considered serious criminal offences under the Criminal Code of Canada.
Remedy 1: Report a sexual assault to the police
Br reporting a sexual assault to a police department, you trigger an investigation and begin teh process of gathering the necessary evidence for a prosecutor to assess whether charges should be laid.
The criminal justice process for filing a complaint with the police
- First, the victim should contact the police. This can be done in person at a police station, by phone or via a specialized support service. Some regions have trained sexual assault officers who can be present for the initial report. This initial statement, also known as a formal complaint, is recorded and forms the starting point of the investigation.
- An investigator, usually specialized in crimes of a sexual nature, is assigned to the case. They conduct an in-depth interview with the victim to gather key facts, including the circumstances of the assault, the identity of the assailant (if known), as well as any elements that may guide the investigation: messages, witnesses, objects, documents, clothing, etc.
- Once the complaint has been registered, the police investigation begins. Additional evidence may be gathered from third parties. If the victim has consulted a doctor or received medical treatment as a result of the attack, medical reports may be included in the file. Investigators may also seize objects or request forensic analysis (DNA, biological traces).
- If there is enough evidence, the file is transferred to the DPCP. The latter has exclusive authority to lay criminal charges. They analyze the evidence gathered and decide whether there is a reasonable prospect of conviction. If so, charges will be formally laid and the suspect will be summoned or arrested. If the suspect is already in custody, an initial appearance is held promptly.
The victim does not control the proceedings: they become a Crown witness. If called to testify, they are obliged to attend the hearings. The trial then takes place before a judge, sometimes with a jury, depending on the seriousness of the charge. If the accused is found guilty, the sentence may include a period of incarceration, probation, a no-contact order or even registration on the sex offender registry. This registry restricts certain rights and requires follow-up for several years.
Deadlines for reporting a sexual assault with the police
The Criminal Code has no statute of limitations for offences of a sexual nature. This means that there is no time limit, and a victim can file a complaint even if the facts date back ten, twenty or thirty years. This absence of time limits reflects the fact that many victims take a long time to recognize the facts, to talk about them or to feel in a position to act.
A complaint can be filed at any time, even if there is no material evidence. The victim’s testimony may be enough to open an investigation, especially if it is coherent and detailed.
Issues involved in making a complaint to the police
A criminal complaint related to sexual violence is a powerful act that opens the way to a structured but often personally difficult legal procedure. A victim may be faced with a lengthy, sometimes confrontational judicial process, involving repeated interviews, extended waiting periods and the possibility of testifying in court. Cross-examination by defense counsel can feel intrusive and destabilizing.
Victims are also frequently called upon to relive certain aspects of the assault during the proceedings. The experience can be emotionally demanding, even if protective mechanisms exist, such as the possibility of testifying behind a screen or prohibiting the presence of the public in the courtroom.
A specialized lawyer can support a victim through all stages of the criminal complaint. Although they do not represent the victim in an official capacity at the trial (the Crown prosecutor does), the lawyer can still play a strategic and human role. They can explain the procedures, prepare the victim for testimony, make sure that their rights are respected, and help them obtain support or protection measures.
Remedy 2: File a civil suit for damages
A civil suit is a legal remedy that is distinct from a criminal complaint. It allows a victim of sexual assault to take direct action against the aggressor before a civil court. Unlike criminal proceedings, the aim is not to convict the perpetrator, but to obtain financial compensation for the harm suffered. This compensation aims to repair the overall impact of the aggression on the victim’s life, whether physical, psychological, professional or social.
This remedy is based on the principle of civil liability. The victim claims the aggressor’s actions caused harm and that the aggressor should be held financially responsible.
In the context of a civil suit, a victim does not have to prove criminal intent. They need only prove that the aggression took place, that they suffered damage as a result, and that the perpetrator is responsible. The threshold of proof required is lower than in criminal cases: it is sufficient to convince the court that the facts are more probable than not. This makes it possible to win a case even in the absence of a criminal conviction.
Damages that can be claimed following a sexual assault
A civil action can claim several types of damages.
The most common is moral or psychological injury, which covers distress, anxiety, depression, post-traumatic stress disorder or any other direct impact on mental health.
Bodily injury may also be claimed if the assault led to physical injury, chronic pain or medical treatment.
Loss of income is a common component. Sexual assault can result in temporary or permanent disability. Some victims change careers, take a pay cut or give up professional projects. The economic impact of an assault can be compensated if it is properly documented.
Other losses are also recognized by the courts, notably loss of dignity, intimacy, integrity or reputation. Social and relational consequences – isolation, family break-up, stigmatization – can also be the subject of a compensation claim if they are established in a serious manner.
Civil proceedings for a sexual assault complaint
All civil proceedings take place as follows:
- The procedure begins with a consultation with a civil or personal injury lawyer. The lawyer assesses the facts, the nature of the damage and the likelihood of success. If the claim is found to be justified, an application to institute proceedings is prepared and filed with the Superior Court of Québec. This document sets out the facts, identifies the defendant and specifies the amount of damages claimed.
- After the application is filed, the procedure enters an information exchange phase. The parties may send written questions to each other, hold out-of-court examinations, produce expert reports (medical, psychological, actuarial) and attempt a settlement. If they do not reach an agreement, the case is brought before a judge, who hears evidence and testimony and renders judgment.
- The trial is public, except in exceptional circumstances, and may last several days. The victim is heard as a witness, but is also represented by their own lawyer throughout the process. The judge decides whether the aggressor is responsible and, if so, sets the amount of compensation based on the evidence submitted.
Time limit for civil action after sexual assault
Since the passage of Bill 55, which came into force in 2020, there is no longer a statute of limitations for civil actions related to sexual assault. This means that a victim can file a claim even several years or even decades after the event. This legislative change recognizes that victims often need time to come forward and decide to act.
The absence of a statute of limitations also applies to childhood assaults, cases of domestic violence and assaults committed by professionals in positions of authority. Whatever the context, it is now possible to sue for damages at any time, without fear of refusal based on the passage of time.
Special features of civil litigation
Civil litigation gives victims of domestic violence greater control over their case. Unlike criminal proceedings, the victim chooses whether to sue, when, against whom and how. They can also decide to reach an agreement with the abuser before the trial, often on a confidential basis. This decision-making power is often seen as a form of regaining control, particularly when a criminal complaint has been dismissed or has not been successful.
A favorable judgment may order the payment of significant compensation. Depending on the case, amounts can range from tens to hundreds of thousands of dollars. They vary according to the severity of the after-effects, the victim’s age, the duration of the trauma and the overall impact on their life. While getting the money back depends on the perpetrator’s ability to pay, it’s sometimes possible to enforce the judgment or negotiate payment arrangements.
Beyond financial aspects, civil action can publicly validate the harm experienced by victims. While it doesn’t undo the past, it officially establishes the aggressor’s responsibility and provides a form of reparation. Especially when criminal justice falls short, civil recourse offers a tangible, legitimate, and structured path forward.
Remedy 3: Claim compensation from IVAC after a sexual assault
IVAC (Indemnisation des victimes d’actes criminels) is a public financial assistance program administered by the Gouvernement du Québec. This route enables victims of sexual assault to obtain compensation without going to trial or proving the aggressor’s guilt. The complaints process is designed to help victims cope with the immediate and ongoing physical, psychological, and financial impacts of the assault.
IVAC serves people who have suffered a sexual assault or any other criminal act on Quebec territory, whether or not the event has been reported to the police. The process is confidential, independent of any legal proceedings, and accessible even many years after the event, under certain conditions.
IVAC benefits for sexual assault victims in Quebec
IVAC reimburses a wide range of expenses related to the consequences of a sexual assault:
- Psychological and psychiatric therapy, up to a certain number of sessions and according to an assessment of a victim’s needs
- Medical expenses, including consultations, examinations and treatments directly related to the injuries sustained during the assault
- Medication prescribed by a medical professional
- Loss of income in the event of temporary inability to work
- Transportation costs to medical or psychological appointments
- Support for temporary accommodation, security measures or essential assistance services
In certain situations, compensation may also be paid for permanent after-effects, or for serious physical or psychological injury. Assistance may be extended if the victim’s situation warrants it.
Eligibility requirements for IVAC compensation
To be eligible for IVAC, the victim must demonstrate:
- That they have suffered a criminal act as defined by the Criminal Code of Canada (including sexual assault)
- That the offence was committed in Quebec
- That physical or psychological harm has resulted from the offence
To receive IVAC compensation, you do not need to file a complaint with the police or have a judgment against the aggressor. IVAC relies on reported facts, medical certificates, psychological reports and credible attestations to determine eligibility.
Applying to IVAC
A victim can submit an application to IVAC by sending in a form along with all relevant supporting documents: medical documents, proof of incapacity for work, description of events, etc. The procedure is free of charge. Once the file has been submitted, IVAC will evaluate the documents, possibly request clarification or expert opinions, and then issue a decision.
If the case is accepted, compensation is paid according to established scales. If it is refused, you can request an internal review. The victim may also bring the case before the Tribunal administratif du Québec, with or without legal representation.
IVAC compensation is compatible with a civil suit or criminal complaint. It can be used on its own or in conjunction with other procedures.
Time limit for filing a claim after sexual assault
The time limit for filing a claim with IVAC is three years from the date of the assault, or from the moment when the victim becomes aware of its effects on their health. This time limit is suspended if the person was a minor at the time of the incident, or if they suffer from a psychological disorder that prevented them from acting sooner.
In most cases, the time limit can be extended, especially in cases of sexual assault, due to the psychological complexity of acknowledging the facts. IVAC will assess each situation individually.
A lawyer’s role
A personal injury lawyer can help you prepare your claim, gather relevant documents, appeal if IVAC refuses compensation, and coordinate the process with a possible civil suit.
Steps to take following a sexual assault
1. Get immediate help
In an emergency, call 911. For immediate support, call the Info-aide Sexual Violence Helpline at 1-888-933-9007. This line offers attentive listening and can connect you with the right resources.
2. Consult a medical professional
Consult a medical professional as soon as possible after the assault. A medical examination helps in treating injuries and gathering forensic evidence, which can be crucial in legal proceedings. Designated centers offer services that include medical care, appropriate treatment and psychosocial support.
3. File a complaint with the police
If you choose to report the sexual assault to the police, go to your local police station. A specialized investigator will take your statement and begin an investigation. You can ask to be accompanied during this process and end the interview at any time.
4. Consider a civil action
In parallel with or independently of the criminal proceedings, you can consult a personal injury lawyer to discuss a civil action. The aim is to obtain compensation for the damage suffered.
The importance of legal support
Understanding the legal system following a sexual assault can be complex and challenging. A personal injury lawyer can guide you through the various steps, provide legal advice, help you understand your rights and options, and represent you effectively before the relevant authorities.
At Medlégal, our team of lawyers offers dedicated legal support to victims of sexual assault. We are committed to defending your interests and supporting you in your efforts to obtain justice and reparation.
Get help to file a complaint for sexual assault or for any other recourse
Filing a complaint for sexual assault is a legal process that can pave the way to justice and reparation. Whether through criminal and penal proceedings, civil action or IVAC compensation, you deserve to know what your rights are, and which remedies are available to you. The support of a specialized lawyer can make this process easier and protect your interests. It’s always a good idea to consult a professional to get the support you need to report a sexual assault or to explore other legal remedies.
