If you experienced sexual abuse, you may have questions about your legal rights, whether it happened recently or decades ago. Below are answers to some of the most common questions we receive from survivors and their families.
Can I Sue for Sexual Abuse That Happened Years Ago?
Yes.
In Ontario, there is generally no limitation period for civil claims arising from sexual assault. This means that many survivors can pursue a lawsuit even if the abuse occurred decades ago.
Every case is different, however, and it is important to obtain legal advice about your specific circumstances.
What Is the Difference Between a Criminal Case and a Civil Lawsuit?
A criminal case is brought by the police and Crown Attorney. Its purpose is to determine whether the accused committed a criminal offence and, if convicted, what punishment should be imposed.
A civil lawsuit is brought by the survivor. The purpose is to obtain financial compensation and hold responsible parties accountable for the harm that was caused.
A civil lawsuit can proceed whether or not criminal charges were laid.
Can I Sue If My Abuser Was Never Charged Criminally?
Yes.
Many sexual abuse lawsuits involve situations where no criminal charges were ever laid, or where criminal proceedings ended without a conviction.
The legal test in a civil case is different from the test in a criminal case.
Can I Sue an Organization That Failed to Protect Me?
In many cases, yes.
Depending on the circumstances, a lawsuit may be brought against organizations such as schools, religious institutions, sports organizations, youth organizations, foster care agencies, camps, or employers.
An organization may be legally responsible if it knew about the abuse, ought to have known about the risk, failed to investigate complaints, failed to supervise properly, or placed a vulnerable person in harm’s way.
How Much Compensation Can I Receive for Sexual Abuse?
There is no standard settlement amount. Compensation depends on many factors, including:
- The nature and duration of the abuse
- The impact on your mental health
- Loss of income or earning capacity
- The need for treatment or counselling
- The conduct of the defendant
- Whether multiple defendants are involved
An experienced lawyer can assess the factors that may affect the value of your claim.
What If I Cannot Afford a Lawyer?
Many sexual abuse lawyers represent survivors on a contingency fee basis.
This means legal fees are generally paid only if the case is successful.
You should ask any lawyer you consult about their fee structure and whether you will be responsible for any expenses during the case.
Will My Case Go to Trial?
Most civil lawsuits settle before trial.
However, every case is different. A lawyer should prepare your case as though it may proceed to trial while also exploring opportunities for resolution through negotiation or mediation.
Will My Identity Become Public?
Courts have the ability to make orders that protect the identity of sexual abuse survivors.
Whether such protections are available depends on the circumstances of the case. Many survivors are relieved to learn that there may be options to protect their privacy.
How Long Does a Sexual Abuse Lawsuit Take?
The timeline varies depending on the complexity of the case, the number of defendants, and whether settlement discussions are successful.
Some cases resolve within a year or two, while others take longer.
What Should I Do If I Think I Have a Claim?
The first step is to speak with a lawyer who has experience representing survivors of sexual abuse.
A consultation can help you understand:
- Whether you may have a legal claim
- Who may be legally responsible
- What compensation may be available
- What the legal process will involve
There is no obligation to start a lawsuit simply because you seek legal advice.
Speak With a Sexual Abuse Lawyer
If you experienced sexual abuse as a child or adult, you may have legal options even if the abuse occurred many years ago.
Speaking with a lawyer can help you understand your rights and make an informed decision about the path that is right for you.
“Do I need evidence to sue for sexual abuse?”
“Can I sue if my abuser was never charged?”
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