Why launch a sexual abuse or sexual assault lawsuit?

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Charles E. Gluckstein /
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Why launch a sexual abuse or sexual assault lawsuit?

Written By: Simona Jellinek, Counsel

The healing process after experiencing sexual violence will look different for each survivor. Many need a lot of time to work through this trauma on their own or with the help of counsellors and other support before deciding to do anything further.

In some cases, launching a civil lawsuit against an abuser is an option for a survivor. When considering whether this is the right choice for you, there are some important things to know. In this blog post, I will examine why a civil lawsuit can be a huge step in the healing journey for many survivors.

It's estimated that only about one in every 20 sexual assaults is reported to the police. Police will investigate these allegations and determine whether criminal charges can be laid in consultation with Crown prosecutors. Charges will be laid only in a handful of cases, and less than half of cases with criminal charges result in a guilty verdict.

It is extremely important to remember that being found "not guilty" is not the same as being "innocent" of the alleged crime. The burden of proof for a guilty verdict in criminal cases is high. A defendant must be found to have committed the crime beyond a reasonable doubt. In contrast, the civil standard is only a balance of probability (50+1). There are times when notwithstanding a not guilty verdict in the civil trial, the same fact situation will result in a defendant being found civilly liable.

A further powerful tool in the civil justice system is that the defendant can be forced to give testimony under oath both before and at the trial. In a criminal case, the accused can choose not to undergo cross-examination. This cannot happen in a civil matter, and the defendant is put under rigorous cross-examination to test their credibility.

Moreover, unlike criminal cases, most civil cases settle before a trial. Negotiated or mediated settlements are the norm for a civil lawsuit.

Finally, the survivor is only treated as a witness to the crime in a criminal case. If everything goes well, the perpetrator is convicted. But the sentence is often minimal, and the victory can seem hollow to the survivor because they were put on the stand and walked away without any true change in their lives. However, in a civil case, a successful survivor walks away with some compensation to help rebuild their lives by being able to afford therapies and better provide for themselves and their families. While money is rarely the reason survivors begin lawsuits, it is an actual and direct benefit to the survivor at the perpetrator's expense.

A sexual abuse or sexual assault civil action is not for everyone. When prospective clients contact us, we explain all the options they have and support them so they can make an informed decision about what is best for them. If you or someone you love has been sexually abused, please contact Jellinek Ellis Gluckstein.