Survivors of sexual assault often wonder whether they can take legal action against the person who harmed them.
In Ontario, survivors have the right to pursue civil lawsuits for sexual assault, even many years after the abuse occurred.
Understanding how these lawsuits work can help survivors make informed decisions.
Criminal Charges vs Civil Lawsuits
Sexual assault cases can proceed in two different ways:
- Criminal prosecution: Police investigate and the Crown prosecutes the offender.
- Civil lawsuits: The survivor brings a lawsuit seeking financial compensation.
These processes are separate. A civil lawsuit can proceed even if criminal charges were never laid or did not result in a conviction.
No Limitation Period for Sexual Assault Claims
Ontario law recognizes the unique challenges faced by survivors.
As a result, the Limitation Act removes time limits for sexual assault claims. This means survivors can start a civil lawsuit many years or even decades after the assault occurred.
Who Can Be Sued?
In some cases, more than one party may be legally responsible. Possible defendants include:
- the individual who committed the assault
- institutions that failed to protect victims
- schools or religious organizations
- employers or organizations that enabled the abuse
Institutions may be liable if they knew or should have known about the abuse and failed to prevent it.
What Compensation Can Survivors Recover?
Civil lawsuits may allow survivors to recover compensation for:
- pain and suffering
- psychological trauma
- therapy and treatment costs
- lost income
- future care needs
In some cases, courts may also award punitive damages to punish particularly serious misconduct.
Speaking With a Sexual Assault Lawyer
Starting a lawsuit can be a difficult decision. As an experienced sexual assault lawyer, I help survivors:
- understand their legal rights
- evaluate potential claims
- gather evidence
- pursue compensation
As a civil sexual assault lawyer, I offer free consultations, allowing you to understand your options before taking further steps. I provide legal services in a trauma-informed manner.
I’m here to help.
1-844-333-0905
