Legal Appeal for Victims & Judiciary Process

Financial and judicial appeal processes are available to women who have lived through sexual assault. Unfortunately, victims are rarely fully informed of their right to compensatory indemnity or other legal appeal processes. Here are some useful appeal processes:

Crime Victims Compensation Act (IVAC)

All victims of a criminal act that occurred in the territory of the province of Quebec in the past year are entitled to an indemnity from IVAC. It is important to note that an official complaint or a police statement is not required to receive indemnity. The victim only needs to show the psychological and physical consequences of the assault for the case to be considered. There are exceptions to the receipt of this indemnity, for example, the rule that stipulates that the requests must be filled out in the year following the assault. For more information, please contact the IVAC who will be able to answer all of your questions.

If the crime has happened in another province, the victim must file a request to the crime victims’ compensation services of that province. Unfortunately, there are no indemnity appeals in Canada or in Quebec for crimes committed outside the country.

The IVAC offers different types of indemnity. This includes the refund of the cost of a follow-up with a psychotherapist, moving costs, replacing locks on a house, installing an alarm system, a monetary compensation for the salary lost following a sexual assault, costs for physical rehabilitation, etc. The type of indemnity is granted according to the evaluation of the consequences of sexual assault.

Criminal Court (federal level)

In the city of Montréal, a report concerning the assault is first filed at the county police department. The investigation is then transferred to the sexual assault squad. This squad is made up of specialized investigators in this type of crime against the person. This complaint, if selected, will be transferred to the Crown Prosecutor.

The judicial process is not an easy experience for a victim of sexual assault. Indeed, the heaviness of the process can often drown a victim or quickly discourage them. There is still hope. A well-informed, prepared and accompanied woman can come out triumphant from this judicial experience. For more details on the judicial process in Quebec, click on the icon to the right.

The judiciary process differs if the crime was committed outside of the limits of Montreal. Indeed, the complaint must be filed to the county police department responsible for the region where the crime occurred or to the Sûreté du Québec (SQ). The complaint will then be treated by the police officers from that particular municipality and brought to the regional tribunal. If the crime was committed outside of the province, the complaint must be filed to the police department responsible for the region where the crime occurred or to the Royal Canadian Mounted Police (RCMP). Once again, the complaint will be treated by the county police officers to then be brought to the regional tribunal.

Unfortunately, a person who was sexually assaulted outside of Canada has no recourse with the provincial or federal government. She will have to take legal action in the country where the crime was committed.

Civil Court (provincial level)

A person who was sexually assaulted in Quebec can take recourse against their assailant in Civil Court. However, the person must cover all the cost of legal representation. The accused is responsible for proving his innocence. The civil court can condemn the assailant to pay compensation to the victim; however the Civil Court cannot condemn the accused to a penalty of imprisonment.