- This page is for general information only and is not legal advice.
- Laws and procedures can vary by province. If you're navigating a case, speak with a lawyer or legal aid for guidance specific to your situation.
- This process is emotionally taxing. Take breaks. Seek support. It's okay to read this in pieces.
The court process, phase by phase
The process begins with reporting to police. There's no time limit for reporting sexual assault in Canada. This remains true throughout the legal process. Once a report is filed, police can investigate. To learn more about this process, check our Reporting to Police page.
Once you file a report with the police, they will begin an investigation. This can involve interviewing witnesses, gathering physical evidence, and building a case. You may be contacted for follow-up during this phase.
Before the trial, both the Crown (prosecution) and the defense must share their evidence with each other. This is called disclosure, and it's required under the Criminal Code. It ensures both sides have equal access to the evidence before court begins.
The trial is where everything comes together.
As the complainant, you are serving as a witness in your case. The Crown is not your personal attorney β they represent the state. You have the right to seek independent legal advice at any time, through Legal Aid or a private attorney. If you retain a private attorney, you will be responsible for associated legal fees.
If the accused is found guilty, a separate sentencing hearing takes place. The judge considers the severity of the crime, the impact on you, the accused's criminal history, and other factors. Sentencing can include incarceration, probation, fines, mandatory counselling, or a combination.
Who will be in the courtroom
So there are no surprises.
Presides over the trial and ensures it's conducted fairly.
Represents the state and interests of the public. They are not your personal lawyer.
Represents the accused. Their job is to challenge the evidence.
The person charged with the crime.
Manages administrative aspects of the trial.
Records everything said during proceedings.
Including you, if called to testify.
Trials are generally open to the public β but you can request restrictions on who can be present.
Your privacy and identity in court
You have the right to request a publication ban β a court order preventing anyone from sharing information that could identify you publicly. In sexual assault cases, if you request one, the court must grant it.
How to get one: Tell the Crown attorney you want a publication ban. They make the application on your behalf. If you're in the courtroom, the judge is also required to let you know this is available.
You can have a publication ban removed or changed at any point during or after proceedings β the decision is yours.
You have the right to share your experience publicly. A few things to be aware of: avoid making false statements about the accused, as this could result in defamation claims. Be aware of any court orders that may limit what can be disclosed. If media coverage is involved, you can choose to remain anonymous or engage on your own terms.
Medical records, therapy notes, and personal diaries related to your case are protected. They can only be accessed with court approval. The defense cannot simply request your therapy records β there is a formal legal process, and you are entitled to legal representation in that process.
Protections available to you during testimony
You have the right to have a support person with you when testifying β a trusted friend, family member, counsellor, or advocate.
You may be able to testify from behind a screen or via CCTV, so you don't have to be in direct sight of the accused.
If at any point during proceedings you feel unsafe or threatened, inform your legal counsel or the judge immediately.
You have the right to submit a written statement describing the impact of the crime. You can also choose to read it aloud.
If your community lacks access to forensic evidence collection or adequate support services, She Matters wants to know. Fill out our Community Advocacy Form on the site. All information shared is kept strictly confidential.
