Charges · Sexual assault · Alberta
What happens after a sexual assault charge in Alberta?
What it means, what usually happens next, and what to bring to the first call.
Or chat by textIn Alberta, a sexual assault case starts in the Alberta Court of Justice, and a person held sees a justice of the peace by video with a Crown prosecutor appearing.
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In short
- Sexual assault is an assault of a sexual nature — the law turns on consent, and it covers a wide range of conduct.
- These cases move slowly and carefully, and what happens in the first days — statements, contact, what is kept — tends to matter for a long time. Most people involve a lawyer before anything else happens.
- Bail hearing through the hearing office; a first appearance in a few weeks; large disclosure; months to resolution or trial; publication bans are common.
What usually happens next
- Step 1
Police ask to talk Police often call before any charge and ask you to “come in.” You have the right to speak to a lawyer first, and you don’t have to give a statement.
- Step 2
Arrest or charge If charged, you’re often released with strict conditions, such as no contact with the person who made the complaint and staying away from certain places.
- Step 3
If you’re held You go to a bail hearing (see our bail timeline).
- Step 4
Court dates and disclosure At your first appearance the Crown starts giving your lawyer its evidence (“disclosure”). There are usually several court dates.
- Step 5
How the Crown proceeds The Crown decides whether to proceed summarily or by indictment. That affects which court hears the case and, if by indictment, whether you can choose a trial by judge alone or with a jury.
What should you bring to the first call?
How it works in Alberta
Which court hears it in Alberta
Alberta sexual assault charges begin in the Alberta Court of Justice. Calgary in-custody matters are heard in courtroom 305 of the Calgary Courts Centre; Edmonton’s in-custody docket is courtroom 265 at the Law Courts.
Bail in Alberta
A person held on an Alberta sexual assault charge appears before a justice of the peace by video or phone, with a Crown prosecutor speaking at the first-appearance hearing. Alberta says the arrested person has the right to speak to a lawyer before that bail hearing.
Programs and diversion in Alberta
Where the allegation is between intimate partners, Alberta’s domestic abuse courts in Calgary, Edmonton, Lethbridge and Grande Prairie hear violence between intimate partners. Alberta’s Indigenous courts in Calgary and Edmonton deal mainly with bail and sentencing for Indigenous people who choose them.
The local process in Alberta
Legal Aid Alberta: 1-866-845-3425, Monday to Friday, 8:15 a.m. to 4:15 p.m., and it prioritizes callers who are in custody or under 18. If bail is denied, Legal Aid Alberta says the person must call to apply for legal aid.
What do we see with sexual assault charges?
The first call is usually the hardest one a person has made. It’s answered by someone, not a menu, and it’s confidential. The questions are practical: the release conditions, whether there’s a no-contact order, what the paper says about the court date. Say what happened in your own words, or say only what you’re ready to. The file opens while you talk.
What do people ask about sexual assault charges?
Can the police take my phone?
Generally, police need a search warrant to search the contents of a phone, even if the phone is seized at the time of arrest.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; the names of anyone who saw what happened; any texts, photos or messages about it.
Who prosecutes this charge in Alberta?
In Alberta, this charge is prosecuted by the Alberta Crown Prosecution Service, and the case starts in the Alberta Court of Justice — the court called the Provincial Court of Alberta until April 1, 2023. Jury trials in Alberta are held in the Court of King’s Bench of Alberta.
Who speaks for the prosecution at a bail hearing in Alberta?
In Alberta, a Crown prosecutor speaks at every first-appearance bail hearing, by video or teleconference. A justice of the peace at the Court of Justice Hearing Office oversees the hearing.
Which court holds a first bail hearing in Alberta?
In Alberta, a first-appearance bail hearing is held before a justice of the peace of the Alberta Court of Justice, at its Court of Justice Hearing Office. That court was called the Provincial Court of Alberta until April 1, 2023.
Who answers legal aid calls in Alberta?
Legal Aid Alberta, at 1-866-845-3425 (Monday to Friday, 8:15 a.m. to 4:15 p.m.). It says it puts callers who are in custody, or under 18, first.
Sources
Alberta sources
- Alberta Court of Justice, history of the court, accessed October 8, 2026
- Alberta Court of Justice, Calgary location, accessed October 8, 2026
- Alberta Court of Justice, Edmonton location, accessed October 8, 2026
- Alberta, justice of the peace bail hearings, accessed October 14, 2026
- Alberta Court of Justice, Domestic Abuse Courts, accessed October 15, 2026
- Alberta Court of Justice, Calgary Indigenous Court, accessed October 15, 2026
- Alberta Court of Justice, Edmonton Indigenous Court, accessed October 15, 2026
- Legal Aid Alberta, adult criminal law, accessed October 15, 2026
- Alberta Courts, accessed September 22, 2026
- Legal Aid Alberta, accessed September 22, 2026
- Government of Alberta — renaming the provincial court (3 Oct 2022), accessed September 22, 2026
- Alberta Crown Prosecution Service — contact and branches, accessed September 22, 2026
- Legal Aid Alberta — contact, accessed September 22, 2026
Federal law sources
- Criminal Code (Canada), ss. 271–273, accessed September 22, 2026
Free 24/7 criminal law information · not legal advice. Legal Aid Alberta: 1-866-845-3425
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