A retired Toronto police officer made headlines early this year after the province’s police watchdog organization charged him with a sexual assault he reportedly committed more than 40 years ago. It is unclear whether police investigated the incident when he allegedly committed it in the early 1980s. However, the Special Investigations Unit took about nine months to investigate the case after it was notified about the allegations last March.
Given the extensive time lapse since the incident reportedly occurred, the Greater Toronto Area sexual assault defence lawyers of Mass Tsang believe that nine months represents relatively quick police sexual assault investigatory work in this case. Securing relevant evidence in any criminal case takes time, but securing decades-old evidence makes it more challenging. Of course, the timing of a sexual assault investigation by Canadian police varies widely due to numerous factors. Let’s examine how Canadian police investigate sexual assaults and the factors that affect the investigators’ ability to lay charges in a timely fashion.
The first stage of a sexual assault investigation by Canadian police begins when a victim reports the assault. Victims can call 911, which will direct a uniformed officer to respond to their location, or they can make their report in person by going directly to a police station. Alternatively, sexual assault victims in many larger municipalities can go to their local hospital and request to see a Sexual Assault Response Team (SART) nurse. These nurses are specially trained to support sexual assault victims emotionally, provide medical care, collect evidence, and help the victim report the offence to the police.
During the initial reporting of the offence, police ask the victim to describe the incident in as much detail as possible and provide the names of any suspects, witnesses, and bystanders if known. At this time, police begin determining what evidence they might need to be secure to prove the elements of the case. Because sexual assault is a traumatic experience, police generally understand that victims sometimes struggle to provide all pertinent information and usually schedule a secondary interview at a later date, which is recorded as an official record of the offence.
Depending on the physical elements of the sexual assault, police may ask the victim to undergo evidence collection by a medical professional. These professionals use a Sexual Assault Evidence Kit to collect and preserve biological evidence like bodily fluids, blood, hair, and skin transfers and document any injuries as applicable. Undergoing this process is voluntary, and victims can stop the process at any time. While police can still investigate sexual assaults without this evidence, it is often critical in securing the arrest and/or conviction of perpetrators who commit severe sexual assaults like rape.
Once the sexual assault victim has made their initial report, police can begin their investigation by interviewing potential witnesses, gathering relevant evidence, and analyzing the crime scene, if needed. Depending on the type of assault, police may also interview the suspect(s) at this early stage of the investigation. Anyone questioned by police about their alleged involvement in a sexual assault should always seek legal counsel from an experienced sexual assault defence lawyer.
It may take police from a couple of days to a few weeks to conduct the initial stages of a sexual assault investigation, depending on the type of assault and its complexity. All elements of a lower-level sexual assault involving unwanted touching — like groping a woman’s buttocks in a bar — can typically be investigated within a few days. However, the initial investigation of a higher-level case involving sexual intercourse, threats, violence, weapons or other complicating factors can take much longer. Many higher-tier, complex sexual assaults also depend on forensic evidence, which can take weeks to months to process, depending on the type of evidence and the lab’s workload.
In general, simple low-level sexual assault cases with only one known suspect can usually be resolved within weeks or a few months. It can take police many months and even years to conclude an investigation of a higher-level sexual assault with an unknown assailant, significant forensic evidence, and other complexities.
Based on increased governmental pressure to successfully resolve more sexual assault cases, Canadian police agencies are taking a more proactive and comprehensive approach to their investigations. Rather than speed up investigations in general, this move may slow the investigatory pace as police strive to build solid cases that lead to arrests and convictions. The enhanced police attention is also encouraging more women to report sexual assault, increasing the police workload.
Heavy police, forensic lab, and court workloads can slow the pace of sexual assault investigations, especially in larger jurisdictions like Toronto. Other factors that can affect the police’s ability to conduct timely sexual assault investigations include:
Once police believe they have enough supporting evidence to support sexual assault charges, they will arrest the suspect, and the case will proceed to court. While some sexual assault investigations can take police significant time to resolve, they can also prove slow to move to resolution in court. According to a Statistics Canada report on criminal court processing times , sexual assault and related cases tend to take the longest to process in provincial and superior courts.
If Toronto-area police have arrested you for sexual assault or want to discuss your alleged involvement in a sexual assault, don’t speak with them until you’ve talked to an experienced sexual assault criminal defence lawyer. Even if you believe that the alleged sexual assault is a case of misunderstanding or that the alleged offence is trifling, don’t speak to the police without seeking legal counsel. Even the lowest — unwanted touching — tier sexual assault charges carry significant penalties upon conviction. The Greater Toronto Area sexual assault defence team at Mass Tsang has successfully defended 100s of clients. To secure a robust defence against your sexual assault charges in Toronto, contact the skilled lawyers of Mass Tsang.
