Charges · Sexual assault · Ontario
What happens after a sexual assault charge in Ontario?
What it means, what usually happens next, and what to bring to the first call.
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In short
- Sexual assault is an assault of a sexual nature — the law turns on consent, and it covers a wide range of conduct.
- These cases move slowly and carefully, and what happens in the first days — statements, contact, what is kept — tends to matter for a long time. Most people involve a lawyer before anything else happens.
- Many people are released with strict no-contact conditions; some are held for a bail hearing.
What usually happens next
- Step 1
Police ask to talk Police often call before any charge and ask you to “come in.” You have the right to speak to a lawyer first, and you don’t have to give a statement.
- Step 2
Arrest or charge If charged, you’re often released with strict conditions, such as no contact with the person who made the complaint and staying away from certain places.
- Step 3
If you’re held You go to a bail hearing (see our bail timeline).
- Step 4
Court dates and disclosure At your first appearance the Crown starts giving your lawyer its evidence (“disclosure”). There are usually several court dates.
- Step 5
How the Crown proceeds The Crown decides whether to proceed summarily or by indictment. That affects which court hears the case and, if by indictment, whether you can choose a trial by judge alone or with a jury.
What should you bring to the first call?
What do we see with sexual assault charges?
The first call is usually the hardest one a person has made. It’s answered by someone, not a menu, and it’s confidential. The questions are practical: the release conditions, whether there’s a no-contact order, what the paper says about the court date. Say what happened in your own words, or say only what you’re ready to. The file opens while you talk.
What do people ask about sexual assault charges?
How long do these cases take?
First court date in 4–6 weeks; disclosure can be large; these cases often go to a judicial pre-trial and take months.
Can the police take my phone?
Generally, police need a search warrant to search the contents of a phone, even if the phone is seized at the time of arrest.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; the names of anyone who saw what happened; any texts, photos or messages about it.
Who prosecutes this charge in Ontario?
In Ontario, a Crown attorney from Ontario’s Ministry of the Attorney General prosecutes this charge, and the case starts in the Ontario Court of Justice. Jury trials in Ontario are held in the Superior Court of Justice.
Who speaks for the prosecution at a bail hearing in Ontario?
Most bail hearings in Ontario are held in the Ontario Court of Justice, with a Crown attorney speaking for the prosecution.
Sources
- Criminal Code (Canada), ss. 271–273, accessed September 22, 2026
- Ontario Court of Justice, accessed September 22, 2026
- Steps to Justice (CLEO), sexual assault charges, accessed September 22, 2026
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