The Legal Process

Every case develops differently, but a civil sexual assault claim may involve several stages.

1. 1

   Confidential Consultation

   We first speak with you about what happened, when it occurred, who was involved and how it has affected your life.

   We then assess whether there appears to be a viable civil claim and what additional information may be required.

2. 2

   Investigation and Evidence

   Relevant documents and evidence may be collected.

   Depending upon the case, this can include medical records, counselling records, police records, criminal court materials, communications, photographs, witness statements and other documents.

3. 3

   Demand for Settlement

   In appropriate cases, we may approach the proposed defendant before commencing litigation.

   A detailed demand letter can explain the allegations, identify important evidence and provide the defendant with an opportunity to discuss settlement.

   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.

4. 4

   Statement of Claim

   If the matter cannot be resolved, a civil action may be commenced by issuing and serving a Statement of Claim.

   The defendant then has an opportunity to respond to the allegations.

5. 5

   Documentary Discovery

   The parties exchange relevant documents.

6. 6

   Examination for Discovery

   The parties may be questioned under oath before trial.

   Your lawyer prepares you carefully for this process.

7. 7

   Mediation

   Many civil sexual assault cases are resolved through negotiation or mediation.

   Mediation provides the parties with an opportunity to attempt to negotiate a settlement with the assistance of a neutral mediator.

8. 8

   Trial

   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.

Can My Case Be Resolved Privately?

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.

We approach the proposed defendant before commencing a lawsuit.

The objective is to determine whether the parties can negotiate a fair resolution without incurring the expense, delay and emotional demands associated with formal litigation.

If an agreement is reached, the terms are documented in a binding settlement agreement and release.

A negotiated resolution may also address issues such as confidentiality, payment terms and other matters important to the parties.

Mediation is a confidential settlement process in which a neutral mediator assists the parties in attempting to resolve a dispute.

The mediator does not decide who wins or loses.

Instead, the mediator works with the parties and their lawyers to identify areas of disagreement, assess litigation risk and explore whether a negotiated resolution is possible.

Mediation can be particularly useful in sexual assault litigation because it provides greater flexibility than a trial and allows the parties to explore resolution without surrendering their right to proceed to court if no agreement is reached.

Civil and Criminal Proceedings Are Separate

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.

These are different processes with different purposes and different standards of proof.

If criminal proceedings are underway or you are considering making a police report while also contemplating civil litigation, you should obtain legal advice about how the two processes may interact.

Will My Case Become Public?

Privacy is understandably one of the first concerns many survivors raise.

A lawyer is subject to professional obligations concerning client confidentiality.

Whether information contained in a civil proceeding will become publicly accessible is a separate question and depends upon the circumstances and any applicable court orders.

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.

Where litigation is necessary, your lawyer can discuss the procedures and potential legal measures available to address privacy concerns.

We will explain these issues before you make decisions about proceeding.