Frequently Asked Questions
People considering a civil sexual assault claim often have questions about evidence, timing, privacy and what the legal process may involve.
The answers below provide general information. Every case depends upon its own facts, and speaking with a lawyer can help you understand the options that may be available.
Do I need a criminal conviction before I can sue?
No. A criminal prosecution and a civil claim are separate proceedings.
What if I never reported the assault to police?
The absence of a police report does not automatically prevent a civil claim.
What if the accused was found not guilty?
An acquittal in criminal court does not necessarily prevent a civil claim because the criminal and civil systems apply different standards of proof.
What if the abuse happened decades ago?
In Ontario, there is no limitation period for a proceeding based upon sexual assault. Other legal and evidentiary issues can nevertheless arise in historical claims.
What if I have no physical evidence?
Many sexual assault cases do not involve physical evidence. Your own testimony is evidence, and other forms of corroborative or circumstantial evidence may also exist.
Will I have to testify?
If a lawsuit proceeds through discovery or trial, you will have to give evidence. Your lawyer will explain the process and prepare you beforehand.
Will the case definitely go to trial?
No. Most of our cases settle without a Statement of Claim being issued, or without anyone setting foot in a courtroom. That is preferable, because private matters remain private.
Can I sue an organization as well as the perpetrator?
Sometimes. Whether an employer, school, church, police service or other institution can be held responsible depends upon the particular legal relationship and facts.
Can you tell me how much my case is worth?
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.
Does contacting a lawyer mean I have to sue?
No. A consultation allows you to understand your options. You can then decide what you want to do.
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