I was sexually assaulted by a member of my mother's family from approximately 1977 to 1979. Is there a statute of limitations in Ontario for this type of crime, and can I still press charges although it's now 2010?

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Originally Posted by pfairlie

can I still press charges although it's now 2010?

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Hello p:

Maybe. Many jurisdictions have allowed prosecutions this old. Call the cops.

excon

o.m.g I don't think so but u can look into it on the internet

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Originally Posted by trume3

o.m.g i dont think so but u can look into it on the internet

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This was posted in the law forum. In this forum we don't answer with guesses. Answers to questions here must conform to established statute.

According to the Ontario Limitations Act 2002 the SOL for assault is:

2 years from the day which the claim was
discovered. However, the 2 year period does
not run in respect of a claim based on assault
or sexual assault during any time the claimant
is incapable of commencing the proceeding
because of his or her physical, mental or
psychological condition.

It would appear that a child would not be capable of commencing such an action.

However, you still have the problem of prosecution. You would need to convince a prosecutor that a case could be made against the perpetrator. Since we are talking over 30 years ago that would be difficult. Without knowing more details about the assault (How old were you, how old was the family member, the nature of the assault, etc.) its hard to say. Your best bet is to consult a local prosecutor to see if they want to pursue the case.

There is no statute of limitations for major crimes such as sexual assault in Ontario. I have recently filed an allegation and report for an assault that happened over 30 years ago and it is under investigation as we speak. :)