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Helping Survivors Seek Compensation and Accountability

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Sexual assault can have consequences that last for years or even decades. For many survivors, the effects extend far beyond the assault itself and can seriously affect mental health, relationships, education, employment, income and virtually every aspect of their lives.

The criminal justice system is not the only avenue available to a survivor.

A person who has experienced sexual assault or childhood sexual abuse may also be able to pursue a civil claim for financial compensation against the person responsible and, in appropriate cases, against an institution or organization that bears legal responsibility for what occurred.

We represent survivors in civil sexual assault and abuse claims. We understand that deciding whether to pursue a claim is an extremely personal decision. Our role is to explain your options and help you determine whether a civil claim is appropriate for you.

Your conversations with us are confidential and do not commit you to commencing a lawsuit.

Most of our cases settle without a Statement of Claim being issued, or without anyone setting foot in a courtroom. That is preferable, because your private matters remain private.

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You May Have a Civil Claim Even If There Were No Criminal Charges

One of the most common misconceptions about civil sexual assault cases is that the perpetrator must first have been convicted of a criminal offence.

That is not the case.

A civil lawsuit and a criminal prosecution are separate legal proceedings.

Depending upon the circumstances, you may be able to pursue a civil claim even if:

  • you never reported the assault to police;
  • police investigated but did not lay charges;
  • criminal charges were withdrawn;
  • the Crown did not proceed with the prosecution;
  • the perpetrator pleaded guilty to a lesser offence; or
  • the accused was found not guilty in criminal court.

The absence of a criminal conviction does not, by itself, determine whether a civil claim can succeed.

The Abuse May Have Happened Many Years Ago

Many survivors do not disclose sexual abuse when it occurs.

Some remain silent because of fear, shame, embarrassment, family pressures, threats, manipulation or because they were children when the abuse occurred. Others may not fully appreciate the connection between the abuse and its effect upon their lives until many years later.

In Ontario and most other provinces, there is no limitation period for commencing a civil proceeding based on sexual assault. This means that a survivor may potentially pursue a civil claim even where the sexual assault occurred decades ago.

Accordingly, the fact that sexual abuse occurred many years ago does not prevent a survivor from pursuing a civil claim.

What Compensation Can Be Claimed?

Every case is different.

Depending upon the evidence and the consequences of the abuse, damages in a civil sexual assault case may include compensation for:

Pain and suffering
Compensation for the emotional and psychological consequences of the abuse.
Past and future treatment expenses
The cost of counselling, psychotherapy, psychiatric treatment and other appropriate care.
Loss of income
Compensation where the effects of the abuse have interfered with education, employment or the ability to work.
Loss of earning capacity
Compensation where the long-term effects of trauma have diminished a survivor's ability to earn income.
Aggravated and punitive damages
These damages may be available in appropriate circumstances depending upon the conduct involved.

The value of a claim depends upon its individual facts. No lawyer can responsibly determine the value of a sexual assault claim without first understanding what happened and the impact the abuse has had upon the survivor.

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You can begin by understanding your options.

If you experienced sexual assault or childhood sexual abuse, contact Hochberg Trial Lawyers for a confidential discussion about whether a civil claim may be available to you.

Lenny Hochberg – Lawyer

Call 416-524-8321inquiry@sexualassaultclaims.caRequest a Consultation