Lerners Sexual Assault Lawyers
CALL NOW: 1-(800) 263-5583

CALL NOW: 1-(800) 263-5583

I was sexually assaulted. What kind of claim do I have?

April 1, 2012

Because sexual assault or sexual abuse is recognized as being wrongful in many areas of the law, there are a variety of different kinds of claims that can be brought, depending on what happened, when it happened and who was involved.

The civil justice system allows persons who have suffered a sexual assault to sue for “damages” (or compensation). There are a number of potential “causes of action” (claims recognized by our courts) which may be asserted. These include sexual assault, negligence, breach of fiduciary duty, and in the case of an employer, “vicarious liability” for the sexual misconduct of an employee.

Where a criminal offence has also been committed, an option may be to have criminal charges laid against the abuser. Most provinces and territories allow victims of crime to apply for publicly-funded compensation. In Ontario, such compensation is offered by the Criminal Injuries Compensation Board. Depending on the circumstances of the sexual abuse, there could be other avenues of recourse, aside from our civil and criminal courts, such as a human rights complaint (in Ontario, by way of an application to the Human Rights Tribunal of Ontario), filing a grievance in a unionized workplace or a complaint under a workplace harassment policy, and complaining to a professional regulatory body.

For more information on the kinds of claims available in the case of sexual assault or sexual abuse, please see my article “Legal Redress Options Available to Abuse Victims”.

This is general information only, and is not intended as legal advice. If you have been sexually assaulted or sexually abused, you are encouraged to contact a lawyer for advice specific to your situation.

Elizabeth Grace heads the Toronto office sexual assault group, she is a partner at the Ontario law firm, Lerners LLP, and has specialized in sexual assault matters for almost two decades now. See her professional biography for more information about Elizabeth and her work in the area of civil liability for sexual abuse.

Elizabeth Grace

Related Posts

Gap in province’s gender-based violence strategy Thumbnail

Gap in province’s gender-based violence strategy

In order for Ontario to remain a leader in working toward ending gender-based violence, the […]

Read More

Defamation Risk – Is There A Defamation Risk For People Who Have Been Sexually Abused?

Lawyer Elizabeth Grace discusses the risks associated with publicly accusing a person of sexual misconduct, […]

Read More

Have a Few Questions? Ask Us Anything.

No matter what your question might be, we are here to help you find the right answer. If you need help don’t hesitate to reach out.

  • We look forward to speaking to you. However, before we can assist you, we must first ensure that we do not have a conflict of interest. Accordingly, unless you are currently a client of Lerners LLP, we ask that you do not include any confidential information in this email. Please note that by sending this email, you will not automatically become a client of Lerners LLP unless and until Lerners LLP confirms that it will agree to be retained on your matter.