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Between 2017 and 2022, police-reported sexual assault in Canada jumped 38%. The numbers rose almost identically for women and girls (+37%) and men and boys (+36%) (Statistics Canada). These increases don’t just reflect statistics—they point to a shift in public awareness, in willingness to report, and in demand for systems that work. Naturally, one of the most pressing questions assault lawyers hear is: how long does a sexual assault investigation actually take?

It’s a fair question, and one without a simple answer. Especially in Ontario, where the timelines vary—sometimes drastically—between criminal investigations and civil legal action.

Understanding the Sexual Assault Investigation Process

Let’s start at the beginning. Most investigations begin with an initial report—sometimes right after the incident, sometimes much later. This might happen at a police station, during a hospital visit, or through a Sexual Assault Response Team (SART). These teams aren’t just there to check boxes—they’re trained to provide urgent medical care, perform forensic examinations, and support sexual assault victims in moments of extreme vulnerability.

If a sexual assault evidence kit is collected—a process that captures biological material like bodily fluids, fibers, or DNA—it can be a cornerstone of the case. That physical evidence often plays a critical role in establishing the context of what occurred. But not all survivors report immediately. Not all evidence is physical. That’s where things get complex.

From that first interaction, investigators typically begin with an initial interview. Then it becomes a matter of collecting what they can: surveillance footage, digital communications, statements from potential witnesses, medical reports. And that’s assuming the parties involved are reachable—and willing to talk. Each of these elements affects how quickly (or slowly) the process moves.

So, How Long Does a Sexual Assault Investigation Take?

There’s no one-size-fits-all answer. Some sexual assault cases—usually those with clear evidence and cooperative witnesses—may wrap up in a few weeks. Others can stretch for months. Sometimes more. Especially when the incident is historic or when relevant evidence has faded with time.

What affects the timeline? Let’s break it down:

  • The amount and type of evidence—not just biological material like DNA, but also things like texts, security footage, or clothing.
  • Forensic testing delays—lab backlogs are common, and they slow things down.
  • Witness cooperation—if people are unwilling or hard to find, expect delays.
  • Medical documentation—this includes both emergency care and long-term therapy notes.
  • And perhaps most unpredictably, the capacity of the investigating police force. Smaller departments or overwhelmed units may take longer to investigate sexual assaults thoroughly.

Some sexual assault survivors come forward days later. Some take years. And delayed reporting, while completely valid, can complicate the process. Reconstructing events from a long-ago night—especially when memories are affected by trauma—is difficult for everyone involved. In cases of alleged sexual assault, credibility assessments and the availability of initial evidence can greatly influence investigative decisions.

Criminal vs. Civil: How the Legal Process Differs

Survivors in Ontario have two main paths to pursue justice: criminal prosecution and civil litigation. These aren’t mutually exclusive, but they serve different purposes.

Criminal Investigations

In a criminal case, police are tasked with building a file strong enough for the Crown Attorney to lay charges. That means they need enough evidence to prove, beyond a reasonable doubt, that a crime occurred. This often includes physical evidence, statements, and context surrounding the alleged sexual intercourse. No guesswork allowed.

If charges are approved, the legal process begins. That might involve more interviews, forensic reviews, pretrial motions, and—if the matter doesn’t resolve early—a trial. These trials can take several months to over a year to get to court. And throughout, the survivor is typically a witness for the Crown, not a party to the case.

Cross examination, unfortunately, is common. So are delays—court backlogs, legal motions, witness scheduling. The road to trial is rarely smooth.

Civil Investigations

On the civil side, the goals are different. Here, survivors (as plaintiffs) file sexual assault lawsuits against the perpetrator—or, in some cases, an institution that failed in its duty to protect them. These are often pursued with the guidance of an assault lawyer experienced in personal injury litigation.

The aim is compensation, not punishment. The standard of proof is lower: a balance of probabilities. Did it likely happen? That’s the legal question.

Civil cases involve their own investigative process. Medical records, therapy notes, emails, digital messages—these all come into play. Most civil actions involving sexual assault take between one and three years to resolve. Some settle early. Others require full trials. Either way, survivors have more control here than they do in criminal court. They’re the driver of the case, not just a participant.

Can You File a Personal Injury Claim for Sexual Assault?

Absolutely. Ontario law recognizes that survivors deserve not only justice, but also financial recovery for what they’ve endured.

A personal injury lawyer can help you build a civil claim that reflects the real scope of your experience. That might include therapy bills, long-term medical care, lost wages, and disruptions to your daily life. But it also goes deeper—into consequences that are harder to quantify, like emotional trauma or the loss of close relationships.

A civil claim can’t undo what happened. But it can validate your experience. It can help hold responsible parties accountable. And it can give you the resources needed to rebuild—not on someone else’s timeline, but on your own.

What to Expect During the Investigation and Trial Process

No matter the legal route, the process is rarely linear. It’s layered, emotional, and often slow-moving.

Survivors may be asked to recount the incident multiple times: to police, lawyers, in affidavits, and possibly in court. These retellings are never easy. But they are central to both investigations and trials.

Evidence collection is intensive. It might mean requesting medical charts, combing through phone records, or reviewing years of text messages. In a criminal trial, the Crown will build the case and manage most of this. In civil litigation, it’s the survivor’s legal team doing the heavy lifting.

If the case proceeds to trial, expect preparation. Lots of it. Courtroom testimony is highly structured and emotionally demanding. Survivors may face cross examination—by defense counsel in criminal court or opposing counsel in civil court. Regardless of when the assault occurred, testifying can reopen trauma, especially when numerous factors contribute to an emotionally charged atmosphere. That’s why emotional support matters just as much as legal support.

Yes, the timeline can span months or years. Yes, it can feel exhausting. But it’s navigable. Survivors who engage with trauma-informed professionals—both legal and therapeutic—tend to move through it with greater resilience and less isolation.

When Legal Representation Matters

Legal action after sexual assault is deeply personal. It’s also legally complex. And it shouldn’t be navigated alone.

At DWA Law, we offer free, no obligation consultations to individuals exploring their options. Our legal team brings not only technical skill but also the discretion and care these cases demand. We are committed to delivering a thorough and timely investigation of every file we handle, and to advocating for outcomes that reflect the realities our clients face.

If you or someone you care about is considering legal action following a sexual assault, contact us today to schedule a confidential consultation. We’re here to support you—with professionalism, integrity, and a focus on what matters most.

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