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Summary: In almost every case, no, you should not give a statement to police in a sexual assault case without first speaking to a criminal defence lawyer. You have the right to silence whether or not you’ve been arrested, and your decision not to give a statement can’t be used against you as proof of guilt. Anything you do say, on the other hand, can be used to build the Crown’s case. Here’s how that right actually works, and why even innocent people are told not to talk.
The Short Answer, and the Right Behind It
No, not without consulting a lawyer first. In Canada, you have the right to remain silent, and it applies whether or not you’ve been arrested or detained. That right exists any time you’re dealing with police, whether they’re investigating or have already made an arrest, so a “voluntary” interview is one you’re free to decline. If you have been arrested or detained, you also have the right to a lawyer under section 10(b) of the Charter: a private phone call to get legal advice before any questioning begins.
Just as important, your silence generally can’t be held against you. Choosing not to give a statement isn’t an admission, and it can’t be used as evidence of guilt. The idea that “only guilty people ask for a lawyer” is a myth, exercising a basic legal right is exactly what a careful person does.
“But I’m Innocent, Shouldn’t I Just Explain?”
This is the most common instinct, and the most dangerous. Innocent people give statements all the time, believing they’ll clear everything up in a single conversation. It rarely works that way.
You usually don’t know the full allegation going in, so you can’t know which details matter. Memory is imperfect, and an honest gap or a small inconsistency can later be framed as a lie. An offhand remark that seems harmless can look very different in a transcript read months later by the Crown. Your innocence is established through a defence built carefully with counsel, not through an unadvised statement in an interview room. If you believe you’ve been falsely accused, talking to the investigator is the wrong tool for the job.
What a Police Interview is Designed to Do
A police interview isn’t a neutral chat. It’s a lawful, structured effort to gather evidence, and the law gives officers considerable room to do it. Under Canadian law, police are allowed to keep questioning a person even after they say they don’t want to talk. Officers may build rapport, suggest that this is your “only chance to tell your side”, downplay how serious things are, or imply that staying quiet makes you look guilty.
None of that changes your right to remain silent. Understanding what the room is actually for is precisely why you shouldn’t enter it without advice, and why these are among the most important rights of the accused in the entire process.
What if You’ve Already Given a Statement?
If you’ve already talked, don’t assume the case is lost. The Crown has to prove that any statement you gave was voluntary, and if your rights were breached, for example, if you weren’t given a proper opportunity to speak to a lawyer, that statement may be challenged and excluded from evidence.
Tell your lawyer exactly what happened, as early as you can, and hold nothing back. What you said, how it was obtained, and whether your rights were respected all shape how a sexual assault charge is defended.
What to Say if Police Want to Talk
You don’t need a speech. A simple, polite line is enough: “I am exercising my right to silence, and I want to speak to my lawyer.” Then stop. Don’t argue, don’t explain why, and don’t answer “just one quick question”, those questions are rarely quick, and rarely harmless.
From there, let your lawyer take over the communication. Once we’re retained, we can deal with the investigating officer on your behalf, so you’re not left facing an interview alone.
A Strong Defence Starts With Silence
Being asked to give a statement in a sexual assault case is frightening, and the urge to cooperate your way out of it is completely human. But the single most protective thing you can do in that moment is to say little, and call a lawyer.
At Karapancev Law, our Toronto sexual assault lawyers protect your rights from the first contact with police, assess any statement you may have already given, and hold the Crown to its burden of proof at every stage. If an officer has asked you to come in, contact Karapancev Law for a confidential consultation before you say a word.
