As the new school year begins, we expect that there are safety procedures in place to protect the students from sexual abuse by educators and authority figures. Research found that about 27% of Canadians over age 15 have experienced childhood victimization, that is at least one instance of physical or sexual abuse by an adult before age 15. 1
The term educator sexual misconduct is relatively broad. It encompasses a variety of inappropriate sexual behaviors, including verbal (sexual comments or jokes), visual (exposure of genitals or sharing inappropriate images), or physical behavior (kissing, touching, fondling, or intercourse) that occurs between an educator and student. 2
Vicarious Liability
Vicarious Liability is liability that arises when an individual or entity is held partially responsible for the unlawful actions of another party, even though the latter carried out actions alone.
If a student is sexually assaulted by their teacher, or by a school employee, the school board may be found vicariously liable for the student’s sexual assault lawsuit. This effectively means that the institution will have to pay a future settlement or judgment to the victim.
Legal Avenues for Victims of Sexual Assault
- Reporting the crime to law enforcement. This is not mandatory, but it may help hold the perpetrator accountable and deter them from committing similar incidents in the future.
- Seeking a Peace Bond or “No Contact Order.” If you're concerned about your safety or fear that the perpetrator may harm you again, a protective order may be an option. If you report the assault to police, they can assist you in obtaining a peace bond. You can also apply for one without involving the police.
- Filing a complaint through the institution that the teacher is a part of, like the College of Teachers for your province.
- Filing a civil lawsuit. A civil lawsuit can provide an important path to compensation, healing and justice for sexual assault survivors. You can then obtain compensation for damages that you suffered as a result of the assault. These can include pain and suffering, medical expenses, counseling costs, income loss, and reduction in your academic or earning potential. 3
Survivors Coming Forward
It is often very difficult for a victim of sexual abuse to disclose what they have gone through. What is most important is that you listen and support them. Encourage them to seek medical assistance or counselling and help them in finding these services. You may also want to help that person report the assault to the police. If you have questions about his or her legal rights, it is best to seek the assistance of a lawyer who is knowledgeable in the area and who will be able to provide advice based on their individual circumstances. Our lawyers are here to offer a safe space for survivors and their families to find understanding, care, and the supports to aid in the healing process.
There is no limitation period for sexual assault in Canada. This means that a survivor is legally entitled to report it to the police or sue (or both) at any point in time after it occurs, no matter how much time has passed.
1Statistics Canada, Profile of Canadians who experienced victimization during childhood, 2018, para 5, https://www150.statcan.gc.ca/n1/pub/85-002-x/2022001/article/00016-eng.htm
2Psychology Today, Educator Sexual Misconduct Remains Prevalent in Schools, para 2, https://www.psychologytoday.com/ca/blog/protecting-children-from-sexual-abuse/202305/educator-sexual-misconduct-remains-prevalent-in
3Beckett Personal Injury Lawyers, Legal Avenues for Victims of Sexual Assault, https://beckettinjurylawyers.com/news-and-resources/legal-avenues-victims-sexual-assault
