Criminal Complaints: Possible Outcomes

In General

It can be worrisome for an older adult to become involved in criminal proceedings against an abuser. There can, however, be positive aspects to taking the steps of having an abuser charged with a criminal offence.

• Being charged with a criminal offence will hopefully deter the offender from continuing to abuse you.
• Even if that is not the case, if a person is arrested with a warrant and is released on bail pending a court appearance, the police can order him or her not to go near or communicate with you (a No Contact Order). If an accused breaks a no contact order, he or she might be kept in custody.
• If the offender is convicted and imprisoned, he or she will be removed, for a while at least, from your life.
• If an accused person is convicted by the court, you can file a victim impact statement for the court to take into account when sentencing the offender. The statement has to be written and filed with the court. The statement can include details about how the offence has affected you emotionally and financially. Victims’ Services can help you with this task.
• At the time of sentencing, you can also ask the court to order the offender to pay restitution or compensation to you for losses suffered as a result of the crime. Restitution can include losses such as stolen property, lost wages, or moving costs. The request has to be made by the prosecutor before the court sentences an offender. It is therefore important to give the prosecutor all the necessary information.

Compensation (Alberta)

Under the Victims of Crime Act (Alberta), some victims of certain crimes can apply to the Director appointed for financial benefits for injuries or death. These benefits are payable if injury or death was suffered as a result of certain offences under the Criminal Code (such as assault, sexual assault, failure to provide the necessities of life, causing bodily harm, murder, and manslaughter).

The alleged offender does not have to be convicted of a crime in order for the victim to be able to make an application under the Act. However, the crime must have been reported within a reasonable amount of time after it happened and the application for benefits must be made within two years from the time of injury or death. The Director is able to extend the time for making a claim if s/he feels it is appropriate.

Under this scheme, there are no benefits for financial or property loss. In addition, not everyone is eligible to apply. For example, a person who is a dependant of the accused may not apply for benefits, unless that person is also a dependent of someone else who was a victim of the crime (therefore a dependant who was injured by his or her spouse may not be able to apply for benefits). For more information on the Victims of Crime Act (Alberta), see our page of Additional Resources.

Another statute of Alberta, called the Victims Restitution and Compensation Payment Act sets up a scheme whereby the government can take steps to recover property alleged to have been acquired by an illegal act.  It allows a “Civil Forfeiture Office” to ask the court to seize property acquired illegally as well as property used to carry out illegal acts. Again, the alleged offender does not yet have to be convicted of a crime in order for the victim to be able to make an application under the Act (but there must have been an investigation). For more information on the Victims Restitution and Compensation Payment Act, see our page of Additional Resources.

The above relates to Alberta law only. Similar laws exist in other jurisdictions. For links to information on similar laws in other provinces and territories, please see our page of Additional Resources.