Andie Winsor
Content Warning: This article contains discussion of sexual assault that some readers may find to be emotionally triggering.
I was able to make myself comfortable with the idea of filing a police report against my sexual abuser by asking all of the questions I had to people qualified to answer. Despite good intentions, some people can give advice that can be outdated or misleading. Contact the Sexual Assault Centre (SAC) Kingston to get connected with someone who may be able to answer questions you have about filing a police report in Ontario. Here are some of the questions I had and answers I received before I filed my police report in Newfoundland. This article cannot substitute for legal advice, but I can speak to my experience, and hopefully point people in the right direction.
How long can I wait before filing the report? -There is no “statute of limitations” on bringing criminal charges for sexual assault in Canada. Meaning, there is no time limit; you can wait as long as you need to before filing. If your assault is historic, meaning it happened a while ago, you can still file a police report for it.
How much do I have to pay lawyers to prosecute my abuser? - I did not understand what a “crown prosecutor” was before asking Barb Lotan, the Sexual Violence Prevention and Response Coordinator at Queen’s. A crown prosecutor is paid by the government to do their work, and you do not pay them at all. The crown prosecution acts in the way that I imagined a lawyer that I would have to hire would act in a criminal court case against my abuser.
Do I need to hire my own lawyer anyway? - When I filed my report, I reached out to The Journey Project in Newfoundland, which helps survivors on their journey with healing from sexual violence and with related legal processes. They provided me with lawyer certificates, which meant I was able to see a lawyer for a certain amount of time for free. Thank you, Journey Project! - However, I did have my lawyer tell me that if charges were pressed, I could hire a lawyer to prepare me for questioning in court.
How long does it take to file the police report? - It took me five hours to file my police report. I did this in one day, and took breaks. In Newfoundland, the officer informed me that I also had the option to split it between more than one day.
What is it like to file the report? - The police officer was a female officer who wore normal clothing, and tried to make me feel as comfortable as possible. We were able to take breaks whenever I needed them. It was very emotionally draining, but I had a social worker from the Journey Project come with me and be my support.
What if I change my mind after filing the report? - In Newfoundland, you can tell the officer to stop the investigation at any point, and the investigation will cease. Before I filed my report, I had been told that if I talked to a police officer that the investigation would be out of my hands entirely; but that was not the case for where I filed my report. This may change depending on the location of the report, and I’m not sure how it works in Ontario.
If I was assaulted in one province, can I file it in another? - I was assaulted in Newfoundland, and so I had to file my police report while I was visiting Newfoundland. This is incredibly inconvenient and sometimes impossible for survivors who are living in different places from where they were assaulted, and I would love to see this change.
Can my abuser(s) sue me for filing a report against them? - Nope! Screw them, they cannot! Ha ha! (But like I’ve been saying, I received this information in Newfoundland, so if this is also a question you have, please ask someone who is qualified to answer this question based on the location in which you would be filing your report).
Do you regret filing the police report? - I do not regret filing the police report. However, it would have been very difficult to file if I did not have the support that I did. If you do not have supportive friends or family, resources like SAC Kingston, Consensual Humans, and especially support groups like Pegasus (a support group for survivors run by Queen’s) have been so crucial to my journey, and may be useful to you too. In Newfoundland, The Journey Project and the Newfoundland and Labrador Sexual Assault Crisis and Prevention Centre have been incredibly helpful to me as well. Having other survivors, who are also passionate about consent culture, say that they believe me is incredibly impactful and beneficial to my mental health.
Things I wish a younger me knew: - You deserve to believe in yourself. Your body knows what happened, and you know what happened. The thoughts and opinions of the person or people who hurt you and their supporters are irrelevant and incredibly ignorant. I believe you. - There is no such thing as “not bad enough.” All sexual assault is bad, and the majority of sexual assaults are done by someone you know and love, in a manipulative and coercive way, that usually does not involve overt threats to your life. These acts of sexual violence
rarely make the nightly news, because if they did, news networks would not have space or time to talk about anything else. Sexual assault happens all of the time, even if television and media does not validate the impacts and horrors of those experiences. It definitely was, “that bad.” - Like every person, every abuser has at least some family and friends that love them; that does not mean that they are not an abuser. - Nice is different than good. - An absence of “no” is not a “yes.” Only an enthusiastic “yes,” is a “yes.” - I love you.
If you or someone you know is considering filing charges against their assailant, provided below are some resources that may be found useful.
SAC Kingston (Sexual Assault Centre)
Phone: 1-877-544-6424. Available 24 hours Crisis Support.
Email: sack@sackingston.com
Located at 400 Elliott Avenue, Unit 1 (Rockcliffe Plaza) Kingston, Ontario, Canada.
Queen's University Sexual Violence Prevention and Response Coordinator, Barb Lotan.
Barb Lotan can aid in the healing process and assess potential next steps.
Email: bjl7@queensu.ca
Office Located at B502 Mackintosh-Corry Hall, Human Rights & Equity hallway.
Kingston Police (Non-Emergency Line)
Phone: (613) 549-4660
**In the event of an emergency always call 911 immediately or if on campus locate an emergency blue light.
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