Sexual Assaults FAQ's

What does it mean to consent to sexual activity?

To consent to sexual activity means to agree freely. The law requires that a person take reasonable steps to find out whether the other person is consenting.

Is saying “no” the only way to show that I do not consent?

No. You can show by your words OR actions that you do not consent. Actions such as struggling and/or trying to leave show that you do not consent.

What if I agree to the sexual activity at first, and then I change my mind?

Once you show that you no longer agree to the sexual activity, there is no longer consent. In other words, you can take back your consent. Also, consenting to one kind of sexual activity does not mean you consent to any other sexual activity. You can say NO to anything at any time.

Can a person say that I consented if I was drunk or high on drugs?

No. If you are drinking or high on drugs and unable to make a decision, the law does not consider that you consented.

FAQ - Sexual Assault Investigations

What are my choices after a sexual assault occurs? You have the following options if you experience a sexual assault that doesn`t involve an assailant from a current or former intimate relationship:

• You can do nothing.
• You can choose to not report to police right away but still have evidence collected at hospital by having a Sexual Assault Evidence Kit (SAEK) done; the kit can be held for up to six months, giving you the option to contact police at a later date.
• You can report it to police immediately and provide a statement but choose not to have a SAEK done; you may request police not charge the offender immediately.
• You can report it to police immediately and provide a statement and have a SAEK done.
• You can refuse the SAEK and still request police involvement.
• Even if a criminal investigation has been started, you may request to stop it at any time.

What if the sexual assault involved my former or current intimate partner?

Domestic violence is any use of physical force, actual or threatened, emotional/psychological abuse, or harassing behaviour in an intimate relationship.

Intimate relationships include opposite-sex and same-sex partners. These relationships vary in duration and legal formality, and include current and former dating, common-law, and married couples.

If it’s determined there are reasonable grounds to lay charges, police must proceed regardless of the victim’s wishes. In Ontario, police must proceed with charges related to domestic violence.

If I do call the police, what happens next?

A uniformed officer will be dispatched and will:

• Establish a safe and private environment, ensure medical assistance is available if required;
• Ask basic information about the incident including:
• An overview of what happened
• Where the incident took place
• The extent of any injuries
• The identity or description of the assailant
• The direction the assailant left, and by what means
• If known, where the assailant lives, or works
• If you have any preferences regarding how the investigation should proceed.

The information will be sent to the Sexual Assault and Child Abuse Section. If further investigation is required, a detective will contact you.

Who will investigate my case?

Generally, your case will be assigned to a detective from the Sexual Assault and Child Abuse Section who conducts the investigation as it moves forward. These detectives have specialized investigative training in this area.

In most cases, they will conduct an in-depth interview with you, provide you with updates throughout the investigation and ensure you are well supported through the court process. The interview can be conducted at police headquarters or at the Regional Sex Assault and Domestic Violence Treatment Program (RSADVT) in a special interview room set up to help you feel more comfortable.

What is a SAEK?

A Sexual Assault Evidence Kit is a box that contains various supplies used to collect evidence from your body. This evidence can be helpful in the police investigation and potential prosecution of your assailant.

The evidence is collected by a specially trained sexual assault nurse at the RSADVT Program at St. Joseph’s Hospital. You will be told about all the samples that are required and can decide to stop at any time. 

COMMON REACTIONS

Each person reacts in a unique way to sexual violence, and there is no right or wrong way to cope or to feel.
Helpful things to do may include:

• Reach out for professional help through community sexual assault resource people, trained professional counsellors, employment assistance programs and/or your family doctor.
• Spend time with supportive family and friends.
• Try to avoid overuse of alcohol or drugs.
• Acknowledge your response to the situation and allow yourself to have difficult moments.
• Try to avoid self-defeating thoughts such as ‘I can’t manage’ or ‘nothing matters,’ etc.
• Say ‘stop’ to yourself if you find yourself putting yourself down / judging yourself.
• Resist making life-changing decisions.
• Give yourself time to heal.
• Try to maintain your regular routine.
• Try to eat healthy foods and exercise.
• Be aware that traumatic events can sometimes bring back memories of past traumatic events.
• Practice deep breathing.
• Don’t try to fight dreams or flashbacks; these are normal and usually become less intense and painful over time. If they don’t seem to be decreasing over time, you may need to seek assistance to find strategies to work through them.

Where to Find Help in London