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December 5, 2023 Dec 05, 2023 9 min read

Legal Options for Victims of Sexual Assault and Rape

Highlights

  • Victims of sexual assault and rape have several options for pursuing legal or disciplinary action against perpetrators, most of which do not involve pressing criminal charges
  • Filing a civil case is a viable option for most sexual assault and rape victims, as these cases generally face a lower burden of proof than criminal cases
  • Victims can also file complaints with an organization, educational institution, company, or governing body associated with the perpetrator or location of the assault
  • If a victim has experienced a pattern of abuse from their perpetrator or if the perpetrator harasses or threatens the victim, a court-issued protection order can help protect the victim without the need for a criminal process
  • For victims who live in Canada, filing a human rights complaint may be possible depending on the circumstances of the assault
  • Finally, some survivors might consider professional mediation or conflict resolution as an alternative to conventional legal measures

Due to pervasive cultural narratives about sexual assault and the legal system, many victims assume they only have two options – to press charges or stay silent. Luckily, survivors actually have a number of legal options available to them, most of which don’t involve law enforcement or pursuing prosecution.

 

Below, we’ll take a look at six potential legal options for victims of sexual assault and rape.

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6 Legal Options for Victims of Sexual Assault and Rape

1. Report the assault to the police

The most well-known avenue for victims of sexual assault and rape is reporting the assault to the police. By reporting, the victim creates the possibility for criminal charges to be pressed against the perpetrator. However, depending on the viability of the case, there is no guarantee that the perpetrator will be charged, arrested, or convicted.

 

If a victim is interested in bringing criminal legal action against a perpetrator, however, filing a police report is a necessary first step. To learn how to file a police report as a victim of sexual assault, check out our article “Where, When, and How to Report Rape or Sexual Assault.”

 

Statistics estimate that only 20-30% of all sexual assaults are reported to the authorities. Of those, less than half result in criminal charges – and just half of those cases go to trial. Finally, only about half of all tried sexual assault cases result in a conviction. In other words, only about 10% of sexual assault cases reported to the authorities result in a conviction. This data is based on information gathered in Canada (cited below), but research has yielded similar findings in the US.

2. File a civil case

Petitioning for a criminal trial is not the only way to press legal charges against a perpetrator of sexual assault. A victim can also choose to file a civil suit, through which a victim can seek “compensatory damages” (money) from the perpetrator.

 

Civil suits are often seen as a better avenue for victims, as they face a lower “burden of proof” than criminal cases. This means that the victim is generally not expected to provide as much hard evidence as would be expected in a criminal case (though evidence is still necessary).

 

Another benefit of civil cases is that they do not require dealing directly with law enforcement or filing a police report. To file a civil suit, a victim can contact their local court system to find out how to begin the process. For help or support with this, victims can reach out to an advocacy organization to connect with an advocate who can help with the filing of court paperwork. To find an advocacy organization in your area, use the Go Thrive Go search tool and search for “Advocacy / Accompaniment.”

 

3. File a complaint with a relevant organization or governing body

Although this is not technically a legal process, filing an official complaint with an organization, governing body, or company is another option available to some survivors. Complaints like these sometimes result in disciplinary action or consequences for the perpetrator. For example, if you were assaulted on your college campus, you may want to file a formal complaint with the school’s administration. Similarly, if you were assaulted at work, on government property, or anywhere else owned or operated by an official organization, filing a complaint with relevant leadership can be a worthwhile option to look into. That said, there is no guarantee that filing a complaint will lead to a particular outcome, especially if the complaint is filed with a private company.

 

4. File for a protection order

A protection order (sometimes referred to as a “restraining order”) is a court-issued mandate disallowing an individual from contacting, interacting with, or being in the presence of another individual. Although the specifics of each protection order vary depending on the circumstances, most protection orders are designed to protect victims from further abuse, violence, and harassment.

 

To file for a protection order, a victim should either contact their local court system directly or reach out to an organization that provides assistance to victims of sexual assault and domestic violence. Most social workers are specially trained to assist people with filing for protection orders. To learn more about protection orders, check out our article “What is a Protection Order?”

 

It’s worth noting that protection orders are unlikely to be granted unless a pattern of abuse or harassment has been documented. As a result, these orders are most commonly pursued by victims facing abuse from partners, family members, or anyone who has committed repeated acts of violence, abuse, or harassment against a victim. That said, most courts will grant emergency or temporary orders for protection while the details of a petition are reviewed. If a victim is concerned that a pattern of abuse or harassment could form, filing for a protection order is a good idea. To request an emergency order for protection, simply call 911 or the non-emergency number for your local police service.

5. File a human rights complaint (Canada only)

Although this isn’t an option everywhere, the Canadian government (as well as some provincial governments) have instated human rights laws that protect people who have been abused due to sex, gender, and other identity markers.

 

If you are a victim of sexual assault living in Ontario, Canada, for example, you may be able to file a human rights complaint under the Ontario Human Rights Code. That said, the Code only protects those who are assaulted while pursuing employment, housing, goods and services, access to facilities, contracts, or agreements with unions or professional associations. To learn more or to begin the process of filing a complaint, contact the Human Rights Legal Support Centre at 1-866-625-5179.

 

If you live outside of Ontario, you may be able to file a similar type of complaint with the Canadian Human Rights Commission (CHRC) here. To learn about how the CHRC handles human rights complaints, click here.

6. Hire a professional mediator

While this route won’t feel right for all survivors, hiring a professional mediator can be an effective legal route for survivors who wish to avoid conventional legal action. In some places, mediation is available as a social service. However, in most cases, pursuing professional conflict resolution requires hiring an experienced mediation specialist. The cost of pursuing this service can make it feel inaccessible to many, as mediators generally charge anywhere from $100 to $500 per hour.

 

Mediation may be the right choice for you if you would like to maintain some sort of relationship with the perpetrator (for example, if the perpetrator is your partner and you don’t want to end the relationship or if they are the parent to your children and you would like to maintain contact). Whatever the reason, this route can yield promising results as it’s designed to foster a sense of understanding and true resolution for both parties.

 

It’s important to note here, however, that mediation and/or couple’s therapy are generally not recommended for relationships where an ongoing pattern of abuse or manipulation by one person against another has formed.

Conclusion

If you have been sexually assaulted or raped, there are a range of legal options available to you depending on your needs and circumstances. Many victims do not wish to pursue criminal charges against their perpetrators for a variety of reasons, but they can still pursue legal protection or compensation. Regardless of which path you choose, remember that there are resources and support available to help you navigate these complicated processes.

Summary :

Victims of sexual assault and rape have several legal options available to them when seeking protection or recompense in the wake of an assault. Aside from filing a police report and pursuing criminal charges against a perpetrator, victims can also file civil cases, petition for orders for protection, and file formal complaints. In fact, most victims of sexual assault do not pursue criminal legal action against their perpetrators, despite this being the most widely known option. To file a civil case or seek a protection order, a victim should contact their local court system directly or reach out to an organization that provides assistance and resources for survivors of sexual assault and domestic violence. These organizations can also help victims assess other legal options and navigate any relevant legal or official processes. Other legal routes for survivors include filing a human rights complaint (Canada only) or hiring a professional mediator.

About the Author

Dana Anastasia (they/them) is an independent writer, editor, podcaster, and artist. With a degree in interdisciplinary sociology and a background in domestic violence and sexual assault advocacy, Dana brings a keen awareness of victim and survivor needs and experiences to their work. Learn more at www.danaanastasia.com.



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