Guide to Civil Sexual Assault Claims

You can begin by understanding your options.

There is no fee for a consultation. The firm works on a contingency fee arrangement, so there is no upfront fee.

Your conversations with the firm are confidential. Viewing this website, contacting the firm, or communicating with the firm does not by itself create a lawyer-client relationship. That relationship is created only after the firm has agreed to act and the necessary retainer arrangements have been completed.

The information on this website is general. It is not legal advice. The law that applies depends on the facts of each case.

Lenny Hochberg is the lawyer. Call 416-524-8321 or email inquiry@sexualassaultclaims.ca.

You do not have to make a police report before speaking with a civil lawyer. A police investigation concerns possible criminal charges. A civil lawyer considers whether you may have a claim for compensation.

A criminal prosecution and a civil claim are separate proceedings. The criminal standard is proof beyond a reasonable doubt. A civil claim is generally proved on a balance of probabilities.

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civil claim even if you never reported the assault to police, police investigated but did not lay charges, charges were withdrawn, the Crown did not proceed, the perpetrator pleaded guilty to a lesser offence, or the accused was found not guilty.

The absence of a criminal conviction does not, by itself, determine whether a civil claim can succeed. If criminal proceedings are underway, or you are considering a police report while also contemplating a civil claim, you should get legal advice about how the two processes may interact.

Many survivors do not disclose sexual abuse when it occurs. Some remain silent because of fear, shame, embarrassment, family pressures, threats, or manipulation, or because they were children. Others may not connect the abuse with its later effects until years afterward.

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

Other legal and evidentiary issues can nevertheless arise in historical claims. The passage of time does not, by itself, prevent a claim.

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.

Privacy is one of the first concerns many survivors raise. A lawyer is subject to professional obligations concerning client confidentiality. Whether information in a civil proceeding becomes publicly accessible is a separate question. It depends on the circumstances and any applicable court orders.

We approach the proposed defendant before commencing a lawsuit. If an agreement is reached, the terms are documented in a binding settlement agreement and release. A negotiated resolution may also address confidentiality.

Mediation is a confidential settlement process. A neutral mediator helps the parties try to resolve the dispute and does not decide who wins or loses. If no agreement is reached, the right to proceed to court remains.

If a settlement cannot be reached, the case may proceed to trial, where the court determines liability and damages. Most of our cases settle before anyone sets foot in a courtroom.

Some sexual assaults occur where the perpetrator is associated with an institution or organization. Depending on the facts and the applicable law, potential defendants can include schools and school boards, churches and religious organizations, employers, police services, hospitals and healthcare organizations, and other organizations responsible for supervising or protecting people.

An institution is not automatically liable simply because an employee, volunteer, or other associated person committed an assault. The question is whether there is a proper legal basis for holding the organization responsible. That depends on the relationship between the perpetrator, the survivor, and the institution, what the institution knew or ought to have known, and the legal duties that apply.

Sometimes a survivor can sue an organization as well as the perpetrator. Whether an employer, school, church, police service, or other institution can be held responsible depends on the particular legal relationship and the facts.

Every case is different. Depending on the evidence and the consequences of the abuse, damages may include compensation for pain and suffering, past and future treatment expenses, loss of income, and loss of earning capacity. Aggravated and punitive damages may be available in appropriate circumstances, depending on 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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