What You Need to Know
Getting justice for those who have suffered sexual assault or abuse is almost always complex, so you probably have questions about how you can move forward. Below you will find answers to some of the most commonly asked questions by our past clients.
Are there Specific Resources Available for Male Survivors of Sexual Assault or Abuse?
Sexual abuse of males, and especially boys and teenagers, is unfortunately quite common in our society. The Lerners Sexual Assault and Abuse Team has extensive experience working with male survivors.
Sexual abuse of males, and especially boys and teenagers, is unfortunately quite common in our society.
We have extensive experience working with male survivors, and just as we do with our female clients, we use our best efforts to make sure they have professional and personal supports suited to their specific needs while they pursue their claim.
There are also public services that are available for males and for those who identify as male, which in turn can identify additional resources to help.
Please go to the following link for more information: https://familyservicetoronto.org/our-services/programs-and-services/male-survivors-of-sexual-abuse/
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
What Should I do if I’m a Survivor of Sexual Assault, or Abuse or Know Someone that is a Survivor?
If you or someone you know is a survivor or is still suffering sexual assault or abuse of any kind, the most important consideration is the survivor’s physical and emotional safety and well-being.
Sexual assault and abuse affects people of all gender, age, status, and background. Oftentimes, the most emotionally painful aspect of sexual abuse is the personal betrayal and violation by a trusted person or organization.
If you or someone you know is a survivor or is still suffering sexual assault or abuse of any kind, the most important consideration is the survivor’s physical and emotional safety and well-being.
Accessing resources in a safe and confidential manner is an immediate priority, whether through family, friends or government-funded or charitable organizations.
If you or someone close to you needs help, please consider these resources:
1. Barbra Schlifer Commemorative Clinic. A free counselling, legal, interpretation, information and referral service for female-identified survivors of violence in Toronto. The Clinic may assist in safety planning if you are at risk.
2. The London Abused Women’s Centre. Offers trauma-informed counselling, advocacy and support in a safe, non-crisis, non-residential setting to women and girls over the age of 12 who have been abused by an intimate partner, sexually harassed, and/or sex trafficked.
3. Ontario Victim Services. Works to ensure that victims of crime are treated with respect and receive the information and services they need.
4. The Ending Violence Association of Canada. A national association that works to amplify the collective voice of those who seek to end gender-based violence and works collaboratively with organizations across the country to identify and implement institutional and systemic changes to address the root causes. The Association has links to resources by geographic location, including sexual assault centres, crisis lines and support services, and shelters.
There are a number of steps survivors of sexual assault or abuse should take as soon as reasonably possible. These steps are not prerequisites to contacting a lawyer, but will be helpful to you if you decide to pursue legal action:
• If the assault or abuse happened at home or by a family member, or you feel that there is a significant risk of repeated assault or abuse, find a safe place to go to, and consider contacting the police.
• If the assault or abuse happened at your workplace, report it to a superior or the Human Resources department, and keep notes and records to detail what happened and when.
• Seek out therapy or counselling from a professional skilled in dealing with trauma and abuse.
• Gather as much information as you can and keep notes and records (who, what, when, where, how often, any witnesses, etc.).
• If you required medical attention, request and gather all medical documentation regarding any physical and psychological injuries caused, including all medical bills and related expenses.
• Document how the lives of yourself and/or your family have been impacted by the sexual assault or abuse. In addition to physical, emotional, psychological, and social, also consider financial impacts, no matter how small (e.g. parking when you see your therapist).
These steps are not prerequisites to contacting a lawyer, but will be helpful to you if you decide to pursue legal action.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
How Long Does a Civil Lawsuit Take?
Generally, most cases take between two and five years.
Each case is different, and because cases can settle at various times, it is difficult to predict. Generally, however, most cases take between two and five years. Some cases finish in less time and some last much longer.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
Community Resources
The Lerners Sexual Assault and Abuse Team wants every survivor and their family to have access to all the resources they need to begin down a path of healing.
The trauma of a sexual assault or abuse, whether for adults, children, or even family members of the survivor, can leave all parties feeling isolated and hopeless.
The Lerners Sexual Assault and Abuse Team wants every survivor and their family to have access to all the resources they need to begin down a path of healing.
COUNSELLING AND RESOURCE CENTRES
DRAW THE LINE. A website funded by the Ontario Government, comprised of links to resource centres in various Ontario Regions. Many of these centres provide free counselling and other resources that may be of interest.
Website: https://draw-the-line.ca/get-help/
LOCAL SHELTERS. Suggest they contact their local shelter/women’s shelter, obviously not the crisis line (unless that does apply!), even if these places cannot provide any direct support, likely they could point to appropriate resources/therapists in their area.
Websites: Shelter Safe, 211 Ontario, eMentalHealth.ca
INDIGENOUS WELLNESS SERVICES. Confidential wellness helpline and resources available 24/7 to all Indigenous people across Canada.
Website: https://www.hopeforwellness.ca/about-us/
Phone: 1-855-242-3310
THE GOVERNMENT OF ONTARIO SUPPORT SERVICES FOR MALE SURVIVORS OF SEXUAL ABUSE PROGRAM. A confidential, 24/7 hotline that provides male survivors of recent and historical sexual abuse with access to confidential, specialized support services to help them deal with the impact of abuse.
Phone: 1-866-887-0015
WELLNESS TOGETHER CANADA. Provides free resources and programming for mental health and substance use support for Canadians.
Website: https://www.wellnesstogether.ca/en-ca
Phone: 1-888-668-6810 or text WELLNESS to 686868 for youth/1-866-585-0445 or text WELLNESS to 741741 for adults
#AFTERMETOO. An informational resource for people facing sexual harassment at work in Canada.
Website: https://www.aftermetoo.com
INDEPENDENT LEGAL ADVICE
INDEPENDENT LEGAL ADVICE PROGRAM. If you are a survivor of sexual assault living in Ontario, and would like to speak to a lawyer, you may be eligible for up to 4 hours of free legal advice by phone or video conversation. This program is available to all women, men, trans and gender-diverse people who are aged 16+ and the sexual assault happened in Ontario.
Website: https://www.ontario.ca/page/independent-legal-advice-survivors-sexual-assault
Phone: 1-855-226-3904
BARBRA SCHLIFER COMMEMORATIVE CLINIC. A clinic offering free legal services and representation in family, immigration, criminal and sexual assault law, therapeutic, trauma-informed counselling, information, and support through group-based and individual programs, and multilingual interpretation and translation to diverse women and gender-diverse people living in the Greater Toronto Area who have experienced, or are experiencing violence.
Website: https://www.schliferclinic.com/
Phone: 416-323-9149
PRO BONO ONTARIO. A non-profit organization to assist Ontario residents with everyday civil legal needs, including individuals who are victims of workplace sexual harassment
Website: https://www.probonoontario.org/wshh/
Hotline 1-855-776-1855 (toll free but does not accept blocked calls).
OTHER LEGAL CLINICS
ARCH DISABILITY LAW CENTRE. A specialty legal clinic that practices exclusively in disability rights law.
Website: https://archdisabilitylaw.ca/about/
HUMAN RIGHTS LEGAL SUPPORT CENTRE. Offers legal advice and support services to anyone experiencing discrimination under the Ontario Human Rights Code.
Website: https://hrlsc.on.ca/homepage/
Phone: 1-866-625-5179
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
When Should you Consult a Sexual Assault or Abuse Lawyer?
Lerners encourages all survivors of sexual abuse or assault to seek the help of a medical or legal professional as soon as they are able.
The short answer is whenever you are ready. We encourage all survivors of sexual abuse or assault to seek the help of a medical or legal professional as soon as they are able.
However, if you or your loved one is not quite ready, you still may want to consult a lawyer. When you contact one of our sexual assault and abuse lawyers, please know that our consultations are free and completely confidential, whether we take your case or not.
While we are not criminal defence lawyers, we offer guidance and support to those involved with making criminal complaints against their abuser. Our focus, however, is helping survivors of sexual assault or abuse seek compensation and damages through civil lawsuits.
Know that you are not alone and that a Lerners Sexual Assault and Abuse lawyer is here to help you navigate and understand your rights and the best path forward. You may also wish to consult with a lawyer under the Independent Legal Advice program for survivors of sexual assault offered by the Government of Ontario.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
What can Suing your Sexual Assault or Abuse Offender Accomplish?
There are two primary ways in which the survivors of sexual assault or abuse can seek legal remedies: through criminal or civil lawsuits, or both.
There are two primary ways in which survivors of sexual assault or abuse can seek legal remedies: through criminal complaints or civil lawsuits (or both). Choosing to sue those who harmed you can be a painful and often overwhelming decision to make.
However, for some survivors, bringing a lawsuit can help them regain a feeling of control over their lives.
It is your right to seek remedy for damages and suffering caused by sexual assault or abuse. Those damages may include:
• Compensation for general pain and suffering;
• Compensation for any past or future monetary or economic loss, including but not limited to reduced income;
• Compensation for past and future medical or therapeutic care, including medication; and
• Compensation for past and future loss of interdependency.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
What are the Steps in a Civil Lawsuit?
Initiating a lawsuit can be overwhelming and very confusing for those unfamiliar with the law. At Lerners, we take the time to explain each step of the legal process, and present all options to our clients.
Initiating a lawsuit can be overwhelming and very confusing for those unfamiliar with the law. At Lerners, we take the time to explain each step of the legal process, and present all options to our clients.
Below is an outline of the steps you can anticipate if you start a civil lawsuit. Each sexual assault and abuse case is unique, and therefore not all cases will require every step.
Investigation: Gathering the necessary information and documents in a sexual assault and abuse case can be very time-consuming. However, it is an essential step in the process. We will need to gather as much information as we can and document what happened to you (who, what, when, where, how often, any witnesses, etc.). If you required medical attention or attended therapy, we will need to gather all medical documentation regarding any injuries caused, including all medical bills and related expenses.
Filing a Statement of Claim: Once we have the necessary information about the case, we issue a Statement of Claim. This is the formal document that commences the lawsuit.
Exchanging Documents: Once we have received the defendant(s)’ Statement(s) of Defense, we each exchange records and documents with the opposing side. Each party to the action is required to disclose all relevant documentation to the other side.
Examinations for Discovery: This is an important procedural step in the litigation process in Ontario. This process is an opportunity for all parties to the lawsuit to find out what the other party’s claim or defense is. It allows parties to gain all of the facts and evidence and gather necessary information to assess the strengths and weakness of the opposing side’s case. At this stage, you must swear or affirm to tell the truth and the lawyer for the defendant has the opportunity to ask you questions about what happened and how it has affected your life. While this stage is often a very difficult process for our clients, it is also your opportunity to tell your story.
Expert Assessments: Oftentimes, we will arrange to have an expert complete a psychological assessment to determine how the sexual assault or abuse has impacted your life.
Mediation: While a lawsuit can settle prior to trial at any point in the litigation process, one of the best opportunities to settle a case is at the mediation. Mediation is an alternative dispute resolution process where the parties meet with a mediator whose goal is to try to negotiate a settlement.
Pre-trial: In the event the mediation has failed, you must attend a pre-trial conference before a judge. The judge will listen to each side, try to encourage settlement and may assist in identifying or narrowing the actual issues for trial.
Trial: Ultimately, if all attempts at settlement have failed, the case will proceed to trial. Should the case proceed to trial, you will be required to give evidence, and will be cross-examined by the defendant’s lawyer on that evidence. Other experts and witnesses will also give evidence. It is up to us, as your lawyers, to argue your case before a judge or jury who make the final decision on liability and damages.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
Have I Run Out of Time to Sue my Perpetrator?
On March 9, 2016, the Ontario Limitations Act was amended to remove all limitation periods for civil claims “based on sexual assault.”
As of today, there are no time limits in Ontario for suing for sexual assault or abuse, domestic violence, or child abuse.
On March 9, 2016, the Ontario Limitations Act was amended to remove all limitation periods for civil claims “based on sexual assault.”
There are also no limitation periods for cases “based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or if there is an authority, dependence or trust relationship.”
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
Does the Abuser Need to Be Charged or Convicted of a Crime?
If you’re the survivor of sexual assault or abuse you can bring it to the attention of police at any time. There is no time limit in Canada for reporting crimes.
For some survivors, involving the authorities, filing a police report, and helping the courts convict the abuser of a crime can be an empowering and cathartic process. For others, it is not the right choice.
You do not have to file a police report, nor does your abuser need to be convicted of a crime for you to file a sexual assault or abuse claim in civil court.
The challenge in a criminal sexual assault or abuse case for a survivor is the lack of control over the process. This doesn’t mean you shouldn’t pursue reporting the assault or abuse to the police. Reporting sexual assault and abuse is important, but the most important thing, and our team’s first priority, is the survivor’s physical and emotional well-being.
Remember, if you’re the survivor of sexual assault or abuse you can bring it to the attention of police at any time. There is no time limit in Canada for reporting crimes.
It is also important to know that in Ontario, there is no time limit on bringing a civil action with respect to sexual assault or abuse. While historical claims may present various evidentiary challenges, this should not prevent you from seeking advice on whether or not you have a claim.
However, limitation periods differ by province and, if you are not in Ontario, you should seek an opinion from a lawyer qualified in your province.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
How Do You Know If You Have A Sexual Assault or Abuse Civil Claim?
If you or a loved one was sexually assaulted or abused you can seek damages and compensation for that abuse from the actual perpetrator or a third party deemed responsible for the abuse.
When you’re ready, talk to a lawyer to determine whether you have a sexual assault or abuse claim.
If you or someone you know was sexually assaulted or abused you may be able to seek damages and compensation for that abuse from the actual perpetrator or a third party deemed liable for the abuse.
There are many scenarios in which third parties can and should be held accountable for the abuse suffered if it was a result of their negligence.
Negligence might include the act of doing nothing even though the abuse was known, creating the conditions for the abuse, aiding in it, or simply allowing it to happen by not providing the proper supervision or care at the time of the assault or abuse.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
What is the Difference Between Criminal and Civil Sexual Assault and Abuse Claims?
The primary difference between criminal and civil sex assault and abuse cases is the different burdens of proof.
Criminal and civil sexual abuse cases involve different processes and can achieve different outcomes.
Criminal charges must be proven “beyond a reasonable doubt.”
Allegations in civil court must only be proven on a “balance of probabilities,” or put more simply, it must be accepted that it is more likely than not that the abuse or assault occurred.
The possible outcomes of a criminal conviction do not include financial compensation for the physical, psychological, or economic harm suffered, also referred to as “damages.”
In a civil case, damages can be sought from the perpetrator and/or any other third party who may be liable for the assault or abuse, such as a company, institution, or organization.
In criminal proceedings, the survivor is simply a witness for the Crown’s case, is not a party, and has limited control over or input into the process.
In a civil case, however, the survivor is a party to the action, and has a great deal of control over how the case proceeds.
A criminal conviction is not required in order to pursue a civil claim.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
Do I Need a Lawyer if I am a Survivor of a Sexual Assault or Abuse?
It is vital for survivors of sexual assault and abuse to have a strong legal advocate – someone who can represent you, advocate for you, listen to you, and ensure your rights are protected.
The negative impact sexual abuse and sexual assault has on all areas of the survivor’s life is devastating. The ability to pursue or maintain education and employment can be compromised, interpersonal relationships suffer, and long-term treatment is often required, which can be expensive and time-consuming.
The law in relation to civil claims arising from sexual abuse and sexual assault is complex and difficult to navigate. Seeking all of the types of compensation available and the highest possible amount requires a great deal of knowledge, skill, and experience.
Sexual abuse and sexual assault generally involve a strong imbalance of power. Depending on the circumstances of the assault or abuse, a civil claim can be brought not only against the perpetrator, but also against organizations, companies or institutions that may also be liable, such as an employer, religious institution, or school board.
Unlike cases of “accidental” personal injury, sexual abuse or assault cases require you to confront those who have caused you harm, who may have access to substantial financial and other resources, and who may seek to discredit or attack you (again) during the course of legal proceedings.
It is vital for survivors of sexual assault and abuse to have an experienced lawyer with expertise in this field who will listen to you, help you tell your story, advocate for you, and fight to ensure your rights are protected – this is what our team can provide.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
How Survivors can Keep Moving Forward
If you or someone you know has suffered or continues to suffer sexual assault or abuse of any kind, your first consideration and ours, is the survivor’s physical and emotional well-being.
Both men and women may be survivors of sexual assault or abuse. Oftentimes, the most emotionally painful aspect of sexual abuse is the personal betrayal of a trusted figure. If you or someone you know has suffered or continues to suffer sexual assault or abuse of any kind, your first consideration, and ours, is the survivor’s physical and emotional well-being.
The first priority should be finding safe haven from the situation. Whether seeking refuge with family or friends or using the help of a domestic violence organization, the survivor needs a safe environment. If you or a loved one is in immediate danger please consider these resources:
Barbra Schlifer Commemorative Clinic – a free counselling, legal, interpretation, information and referral service for female-identified survivors of violence in Toronto. The Clinic may assist in safety planning if you are at risk.
The London Abused Women’s Centre – offers trauma-informed counselling, advocacy and support in a safe, non-crisis, non-residential setting to women and girls over the age of 12 who have been abused by an intimate partner, sexually harassed, and/or prostituted or sex trafficked.
Ontario Victim Services – works to ensure that victims of crime are treated with respect and receive the information and services they need.
Upon suffering sexual assault or abuse, there are several steps survivors should take as soon as possible:
If the assault or abuse happened at home or by a family member, or you feel that there is a significant risk of repeated assault or abuse, get to a safe place as soon as possible, and consider reporting it to the police.
If the assault or abuse happened at your workplace, report it to a superior or the Human Resources department, and document that you have reported it and what happened.
Seek out therapy or counselling from a professional skilled in dealing with trauma.
Gather as much information as possible and document what happened (who, what, when, where, how often, any witnesses, etc.)
If you require medical attention, gather all medical documentation regarding any injuries caused, including all medical bills and related expenses.
Document how the lives of yourself and/or your family have been impacted by the sexual assault or abuse. In addition to the emotional and psychological impacts, this includes additional expenses, no matter how small (e.g. parking when you see your therapist).
These steps are not prerequisites to contacting a lawyer.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you.