I was raped in Canada, but I'm a US citizen and so is he. Are the laws in Canada the same as the US?

Question

The perpetrator goes is in a couple of my classes. We are "friends," but we went up to Canada for a trip and he raped me there. I went to the hospital the next day in the US, but the authorities in the States can't do anything because it was commited in Canada.

Since I'm a US citizen, do I not have rights as a US citizen??

The US says I have an open and closed case because of substantial evidence and two witnesses, the he is still living life as if nothing happened. Canada has done nothing. I really don't know what to do.

The US police and the hospital did contact the Canadian police and they were supposed to come Monday. I haven't heard from them yet. Just from the local police who can't do anything for me. This really sucks because he is some of my college classes. I won't go to class until he has been taken into custody of someone.

Where can I find the laws about sexual assult for Canada. I've tried googling it and couldn't find anything.

Thank-you for your help I so greatly appreciate. And yes, I am doing just fine. I have alot of support people including the local police who have been so extremely helpful. I just want to know the facts for myself. I don't want this to happen to another girl that could be his next victim. I'm not backing down on what I started, just because it happened in Canada. He should not be allowed to do this again.

Answer 1

Okay first off, the crime was committed in Canada and therefore should and must be addressed in a Canadian court of law.

Now, that's about all I know for sure; however, this is how I likely see this eventually playing out (and I'm being frank and mean no disrespect or make intent to diminish this horrible ordeal in any way):

If the Canadian authorities actually do end up investigating this incredibly complicated matter, and I don't mean complicated in the actual investigation as I know that this crime must be a common one, I mean complicated (and costly) to question suspects that are not in the area the crime was committed, and even if they do get that far, they can'y just arrest on American territory. They have to issue a warrant for an arrest, and from the cliche I know about sexual assults, it normally doesn't even get this far even if it happened in its juristriction (now I don't know that for sure, take it as third-hand knowledge). So then the Canadian authorities issue the warrant. Which means nothing unless the suspect enters Canada, that's pretty much the bottom line.

The Canadian authorities may and should contact their U.S. counterparts, but unless the U.S. extradicts him, there's not much more that's going to happen.

If you can get the warrant issued (good luck!) all you need to do is get him into Canada somehow.

Answer 2

Actually the US does not have uniform national rape laws, every state has its own laws which are slightly different.

Canada on the other hand has a national sexual assault statute, so prosecuting him there may be even easier than in some of the conservative states in the US.

If he is found guilty, the penalty in the US however, maybe more severe, because here we really believe in punishment - more than in prevention or rehabilitation and bleeding heart stuff like that (Can you believe someone in Georgia got 10 years for having consensual oral sex with a friend?)

Answer 3

I am so sorry this happened to you. Here are links to the Canadian Legal Information Institute and to the Canadian Bar Association. If the local police (where this happened) don't get back to you, I would talk to a Canadian lawyer. Most will provide a free initial consultation.

http://www.canlii.org/en/index.html (select the province where the offence took place)

http://www.cba.org/CBA/Home.asp (also under the public/media heading, there is a link for legal aid)

Answer 4

under the 2008 regulation, age of consent went from 14 to sixteen. this suggests that a teenager under the age of sixteen won't be able to consent to intercourse with an person 5 or extra years older. So if your pal is youthful than sixteen and you're older than 2 an prolonged time previous, it may be seen a rape. And regulations be conscious to you in case you're on Canadian soil, besides the fact that citizenship.

Answer 5

There may be. You may want to contact the FBI. Many crimes that are committed by americans to americans while on international soil (or waters) are being looked at. Most child porn laws are now pretty much global which means pretty soon, there won't be any place to hide. Granted here in the US, rape laws cross statelines but Canada? You should have reported it there: they would have contacted the proper american authorities.

Answer 6

The Canadians do not have the exact same laws and rights as Americans. They are very similar but not 100% the same.

Since the crime took place in Canada, the laws there are in play and your rights and the rights of the acused as Americans counts for nothing.

Answer 7

The US authorities would have no jurisdiction in this matter. You would have to press charges in Canada. I would imagine the laws there are basically quite similar to here.

Sorry to hear about what happened.

Answer 8

You should contact the police in the city you were in when the sexual assault took place. Criminal jurisdiction is based upon where you were when the crime was committed.

Answer 9

the laws are not the same in Canada, as in the U.S.A., but it is illegal to rape in Canada, as well in the U.S.A.,.....

Answer 10

wow that sucks i hope ur alright damn ****** canidans with there american hating self **** canidains

hope ur ok and not scared to go outside