If you are considering a civil lawsuit for sexual assault, you may feel uncertain about where to begin. Many survivors are unaware that civil law provides a path to accountability and compensation separate from the criminal system.
No Limitation Period in Ontario
One of the most important aspects of these claims is that there is no time limit to bring a civil lawsuit for sexual assault.
This means you can pursue legal action regardless of how much time has passed.
Civil vs. Criminal Proceedings
- Criminal cases are prosecuted by the government (the Crown Attorney) where the focus is more about punishment and deterrence and is not about compensating the survivor for the harm they have suffered.
- Civil cases are prosecuted by the survivor whereby the survivor seeks compensation against the wrongdoers for the harm they have suffered. However, punishment and deterrence can also be important parts of the lawsuit as survivors can make claims for punitive damages.
The burden of proof in civil cases is lower — based on a balance of probabilities rather than proof beyond all reasonable doubt.
Myth: I cannot bring a claim without a criminal conviction.
Reality: Civil claims can proceed even if no charges were laid or no conviction was obtained.
Who Can Be Held Liable?
Responsibility may extend beyond the individual to institutions such as:
- Employers
- Schools
- Religious organizations
- Sports organizations
- Agencies funded by the government (e.g. Children’s Aid Society)
Responsibility may also extend beyond the individual who sexually assaulted the survivor to other individuals for their negligent failure to prevent the assault or intervene.
Types of Payment or Damages
You may be entitled to:
- Pain and suffering damages
- Therapy and counselling costs
- Income loss
- Aggravated damages
- Punitive damages
Aggravated damages are intended to compensate the survivor for the emotional distress, humiliation or mental anguish they have suffered because of the wrongdoers’ egregious conduct.
Punitive damages are not meant to compensate the survivor but are meant to punish the wrongdoers. But they are still given a dollar value.
Privacy and Confidentiality
Courts may allow:
- The use of pseudonyms or initials in all court documents to protect the identity of the survivor
- Sealing orders or redaction of records in certain circumstances
Final Thoughts
These cases require sensitivity, care, and strong legal advocacy.
If you are considering a claim in Burlington, Hamilton, Oakville, Halton, or Mississauga, Martin & Hillyer Associates can provide confidential guidance.