The journey to healing can be challenging, but understanding your rights and exploring your legal options can empower you.
Frequently Asked Questions
What is sexual assault?
Sexual assault refers to any unwanted sexual behavior that occurs without consent. This encompasses everything from unwanted touching, rape, stalking and harassment.
What is institutional sexual abuse?
This type of abuse occurs when someone in a position of power exploits a victim. It often involves a significant power imbalance, and can take place with people in positions of power like teachers, coaches, religious leaders, and scout leaders. It can occur in or outside institutions like schools, universities, religious institutions, organized recreational and extra-curricular activities, sports organizations, and care facilities.
Who is affected by sexual abuse?
About 1 in 3 women and 1 in 8 men in Canada experience sexual violence, reported by the Government of Ontario. Many survivors never report what happened, suggesting the actual frequency is much higher.
What if the sexual abuse happened a long time ago?
In Ontario, you can report sexual abuse at any time and pursue a lawsuit, regardless of when it occurred. There is no time limit on seeking justice.
Do I need to report to the police before talking to a lawyer?
No, that choice is yours. A lawyer can provide you with information and support on the reporting process, if you decide to proceed.
Can I sue if the perpetrator is not convicted in criminal court?
Yes. The burden of proof in criminal court is much higher than in the civil court. In criminal court, the crime must be proven “beyond a reasonable doubt”. In civil court, the assault must be proven “on a balance of probabilities”. If the perpetrator is not convicted in criminal court, you may still be able to pursue a civil claim.
How are damages awarded in sexual abuse cases?
In legal terms, damages are the financial compensation awarded to victims for the harm they've suffered. In cases of sexual abuse, the impact often goes beyond physical injury; it can involve profound emotional and psychological challenges, and financial hardship. Our lawyers have experience in advocating for fair and appropriate compensation in these circumstances.
For more on this topic, read Economic damages in sexual abuse matters, a blog post by Siskinds personal injury partner Anna Stoll.
Further Reading
To learn more about sexual assault cases, visit our personal injury blog with articles touching on various aspects of these cases written by our personal injury lawyers.