Summary: If you learn you’re under investigation for sexual assault, three things matter most, right now: don’t give a statement to police until you’ve spoken to a lawyer, exercise your right to silence, and do not contact the complainant or anyone connected to the allegation. Being investigated is not the same as being charged, and the decisions you make in these early days can shape everything that follows.
How You Find Out You’re Under Investigation
Sometimes it’s a phone call from a detective asking you to “come in and give your side of the story.” Sometimes it’s a message telling you not to contact someone. Sometimes a friend or family member passes along that police have been asking questions.
In Toronto, most sexual assault investigations are handled at the divisional level by trained investigators, with the Toronto Police Service’s Sex Crimes unit taking certain files, and investigators work around the clock. Whatever form the first contact takes, understand this: an invitation to “tell your side” is an investigative interview, not a casual conversation. Its purpose is to gather evidence, and anything you say becomes part of the case.
Your Rights Before You’re Charged
You have the right to remain silent. You are not required to answer questions, attend an interview, or give a statement, and choosing not to speak can’t be used to prove your guilt. You also have the right to a lawyer, and you don’t have to wait until you’re arrested to use it. You can consult a criminal defence lawyer the moment you suspect you’re being investigated.
The instinct to explain yourself is powerful. It’s also, in almost every case, a mistake. You usually don’t yet know the specifics of what’s being alleged, the account is recorded, and a well-meaning explanation can hand the Crown exactly what it needs. These are among the most important rights of the accused, and they exist to be used.
What Not to Do While Under Investigation
A few missteps can turn a difficult situation into a much worse one:
- Don’t give a statement without legal advice. Politely decline, say you want to speak to your lawyer, and stop there.
- Don’t contact the complainant, or anyone connected to them. Not to apologize, not to explain, not through a mutual friend. Reaching out can lead to new criminal charges for interfering with a witness and will be treated as an attempt to influence the case.
- Don’t post or message about it. Social media posts, texts, and DMs can all end up in the Crown’s hands.
- Don’t delete or alter anything. Destroying messages or other material can itself be an offence. Preserve what you have and give it to your lawyer.
What a Criminal Defence Lawyer Does Before a Charge is Laid
This is where early legal help changes the trajectory of a case. Retained before an arrest, our criminal defence lawyers can act as a buffer between you and the investigation. Under solicitor-client privilege, we can communicate with the investigating officer on your behalf, make sure any interaction happens on proper terms, and in some cases advocate against an arrest or arrange an orderly surrender if a charge is coming, rather than a police visit to your home or workplace.
Early involvement also means we can begin identifying and lawfully preserving evidence that supports your account while it’s still available, and advise you at each step so you don’t accidentally make things harder. The period before a charge is often the most important, and the most overlooked, stage of a sexual assault case.
Being Investigated is Not Being Guilty
An allegation is a claim, not a conviction. Sexual assault is set out in section 271 of the Criminal Code, with more serious forms in sections 272 and 273. To secure a conviction, the Crown must prove beyond a reasonable doubt that you were the person involved, that the contact happened and was sexual in nature, and that the complainant did not consent, with consent defined in section 273.1 as the voluntary agreement to the sexual activity in question. Under Canadian law there’s no such thing as “implied consent,” which is one reason how consent works is so often the central issue.
These cases frequently turn on credibility and the precise evidence, and people are sometimes investigated over accounts that are mistaken, incomplete, or untrue. If you believe you’ve been falsely accused, the answer is never to argue it out with the investigator, it’s to build a careful, evidence-based response with counsel.
A Strong Defence Starts Before the Charge
Few experiences are more frightening than learning you’re being investigated for sexual assault. The reputational, professional, and personal stakes are enormous, and the pressure to “just clear it up” can feel overwhelming. Please don’t act on that pressure alone.
At Karapancev Law, our Toronto sexual assault lawyers examine the allegation, the evidence, and how it was gathered, protect your rights at every stage, and hold the Crown to its burden of proof. If police have contacted you, or you have reason to think they will, contact Karapancev Law for a confidential consultation before you speak to anyone.
