In Canada, once you file a police report (usually with the RCMP, unless you are in Ontario and are dealing with the OPP), the report is documented by and essentially becomes property of the police. This means that it is up to the police to investigate further. Therefore, it is the police, not the victim, that makes the decision about whether there is a need to collect more information and/or if there is sufficient evidence to arrest an accused person.

The first time I went to the police, I provided a full general statement of a number of things (abuse, intimidation, threat) that I had been through. Based on my experiences and evidence, I initially thought that he would be charged with (physical) assault. My report had subheadings such as ‘financial abuse’, ‘psychological abuse’, ‘physical abuse’, ‘sexual abuse’.

A detective connected with me and told me that she wanted to meet with me to discuss my report further and to record our discussion using audio and video. She told me that this was necessary to create an official and more robust record of my report. It was at the end of this interview where I learned that the police and decided that the most pertinent information I had provided was in relation to the sexual abuse, that they deemed it to be at the level of sexual assault and that there was enough information for him to be arrested and charged with sexual assault. Before I outline what is required for a police officer to arrest someone, I want to clarify exactly how my report was handled.

The Interview With the Detective

The first time I met the detective was over the phone when she was connecting with me to book an in-person interview. The officer who took my initial statement forwarded my statement to her. At no point did she inform me that she was intending to investigate further to determine if there is grounds to arrest the man who assaulted me for sexual assault. When I arrived at the station for the interview, she introduced herself as detective ‘X’ without attaching herself to a unit or specialization. As such I had no idea she was part of the Sexual Assault Unit. My parents came with me for support but the detective instructed them to ‘wait in the waiting room’. My right to have a support person in the interview with me was not explained or offered to me.

I could not understand why the detective kept asking me really specific questions about the exact nature of sexual events between myself and the man who assaulted me. She grilled me hard for information about positions, who initiated what, exactly how sexual acts happened …. I had received ZERO preparation or warning that she intended to ask me these types of questions. I had no idea that (clearly) the purpose of this interview was to gather additional information for the purposes of determining if there was reasonable grounds to arrest the accused for sexual assault. Whether this is a ‘tactic’ used by police to get a ‘true’ account or not I can tell you it is absolutely traumatizing and the roller coaster of emotions that came spilling out of me after this shitty experience are beyond words. This was my first experience of re-victimization by the system. It lasted just over an hour but felt like an entire afternoon and was beyond drained after. Exhausted.

When would the police arrest someone?

I am not trained as a police officer and I am not aware of guidelines and policies at each police station/department that would ‘tell’ police officers how to apply the applicable sections of the criminal code when determining if an arrest is warranted. I do know however that there has to be reasonable grounds for the arrest. Essentially, based on the available subjective and objective evidence, the police officer must be satisfied that there is sufficient information to support more than a suspicion that someone committed a crime. There must be enough evidence to make it so that it is probable that the person committed the crime.

Sometimes the court (e.g., a Judge) will issue an arrest warrant at which point, the court has decided that the arrest meets this threshold of probability. Otherwise, it is up to the police whether they feel there is sufficient information for them to exercise their power to arrest someone.

In my case, the invasive and from my perspective, abrupt and disrespectful interview that failed to provide me with all my options that are meant to be available to me (e.g., having a support person) was completed for this purpose; to determine if there was reasonable grounds for an arrest.

Ok So They Were Arrested …

The threshold of evidence for a charge to be laid by the police is lower than the level of evidence needed for a trial to be warranted. Once a person is arrested, they must appear in court to determine how they would like to plea (guilty or not guilty). However, there can be lengthy delays before the accused person (is expected to) make this decision. If the accused pleads guilty, a hearing is scheduled. Here the evidence is heard and a sentence (if any) is determined.

Now, because sexual assault can be considered an indictable offense (a more serious offense that is recorded on a person’s criminal record), it is likely that a preliminary hearing will occur. At a preliminary hearing, the Crown must be able to demonstrate to a Judge that there is sufficient evidence for the trial to be warranted. Think of it like a gate-keeping step where here it can be decided whether ALL of the witnesses and information need to be called to make a decision. Charges can also be dismissed (different than ‘dropped) at this point. Right now, I shall wait and see what happens at the preliminary hearing.

If You Are Thinking About Reporting

If you are someone who is thinking about filing a report to the police about a sexual assault …. (or someone who is pushing someone else to file a report, think about the following)

First, know that whether you want to file a report or not is an extremely personal decision that depends on SO MANY FACTORS. For example, if you do not have a safe and stable place to live, making a report might increase your risk of being harmed, especially if the accused person is arrested and released on bail (now they know you made the report and are walking around in a blind rage after being arrested and potentially charged). And so, I offer the following reflections on things that I wish I would have known when thinking about filing a police report with the following in mind: my abuser sexually assaulted me in a domestic violence situation, there were no kids/dependents involved and at the time that I made my report I had created significant distance between myself and the man who assaulted me.

Reflection One: Making a report is only the first step in the criminal justice system. There are no guarantees of any police action, making this contact may not result in an arrest. When I went to the police to first make my report, this fact was not clearly explained to me. Once I had articulated that I wanted to file a report, it was assumed by the clerk and the police officer that took my initial statement that I was fully aware of the risks, benefits and alternatives of filing a report. I was not. For example, I now know that I could have made an anonymous report or pursued civil action. Connecting with a local sexual assault centre or advocate to understand your options might be helpful. Don’t know where they are? You can google “sexual assault centre” and the name of where you live or start here. Don’t have access to the internet or are living in a super rural area? Try calling 211 and asking the operator to be connected to such services (e.g., sexual assault centre or helpline). If 211 connects you directly, the phone number of the resource will not show up in your call history – be mindful of keeping your call history clear, especially if the person who assaulted you (is abusing you) has access to your phone.

Reflection Two: If you are asked to complete an interview/report that is recorded (audio/video), be prepared to be asked a significant amount of in-depth questions about sexual events that, you most likely, do not want to revisit. Oh, and timelines. More than once. Timelines, timelines, timelines. Furthermore, DO NOT expect ANY sympathy or emotional reaction from the detective/investigating officer. I am not saying that you will not have any sympathy or be treated with dignity but I am saying that it might be helpful to not expect it only that it might be less of a shock to your system than if you were expecting some marker of humanity from the detective and are met with what resembles a cyborg.

Reflection Three: Even if the person who assaulted you is arrested, that does not mean they will be held in custody. In fact, plan for/expect that they will be released on bail (e.g., charged with an offense and given a date to appear in court while remaining in the community). The period of time when/immediately after a woman leaves an abusive relationship is the most dangerous time — it is when a woman is most likely to be murdered by an abusive partner. Leaving is a delicate balance and a risk.

Reflection Four: Having witnesses and records of the abuse is considered evidence. Testimonies from others about the nature of your relationship or stories/events you may have shared with them may be part of what the detective/police officer collects. This means that other people in your life could be involved as early as this first reporting stage.

If I could implement one change to the reporting process, it would be that a trained, trauma-informed therapist would be present during the investigative stages. Anytime someone comes forward to the police with a desire to report a sexual assault, the therapist would be present whenever the victim is providing information. The therapist would not be providing direct therapy to the person reporting the sexual assault. Their role would be to work with the detective/investigating officer to structure trauma-informed questions. The therapist would identify when questions posed by law enforcement are likely causing more harm than good and may actually be impeding the integrity of the investigation by increasing anxiety and the physiological stress response. It would be the therapist that could meet with the person who provided the report after the interview to inform them of supports and services they would be entitled to and assist them with system navigation (e.g., did you know that you could also pursue civil action? Did you know about the Criminal Injuries Compensation Board?).

Until next time.