Sexual Assault
Sexual assault involves any unwanted physical contact that is sexual in nature. It can be a humiliating and terrifying experience, and survivors often find themselves experiencing a range of fears and other emotions. Many survivors are understandably reluctant to talk about their experience and want to put it behind them as soon as possible.
However, sexual assault can have long-term physical and psychological effects, as well as affecting everything from your family life to your job. Compensation is available to help relieve the financial burden this can cause – please call me for more details. Your information will be kept strictly confidential.
In order to get compensation, there are several parties you can sue:
1. The person who assaulted you
In order to get compensation, you have to prove liability – that the person you are suing sexually assaulted you. This could include someone who breached their fiduciary duty to protect you and maintain a strictly professional relationship with you, for example a doctor, teacher or coach.
2. The employer of the person who assaulted you
If you can prove the employer was negligent (for example, a school board allowing a teacher to continue in his or her post despite complaints from students), you may be entitled to compensation.
3. The person who put you in a relationship with the assaulter
You could be entitled to compensation if you can prove that a person or organization was negligent in putting you in a relationship with the assaulter, or in letting that relationship continue.
Timing is important. You must start a lawsuit within two years of the time of the sexual assault. There are exceptions to this rule, and the facts of your case may allow you to make a claim after more than six years.
Proving liability does not guarantee payment of compensation if the person you sue has no money or insurance to pay. I will be able to advise you before you begin your lawsuit, and will work hard to get payment for you once it is successful.
There are three types of compensation you may be entitled to:
- Pain and suffering and loss of quality of life (general damages)
This is a claim for your past, present and future difficulties, both physical and psychological. In Ontario, the maximum compensation is around $318,000, but in sexual assault cases it normally ranges from $10,000 to $150,000.
- Pecuniary damages (loss of wages)
This is a claim for loss of wages in the past, present and future. If you are unable to work (temporarily or for the rest of your life), return to work but make less money, or fail to get employment or promotion because of the assault, you may be entitled to compensation.
This compensates you for any expenses caused by ongoing physical or psychological difficulties, including over-the-counter prescription medication, rehabilitation devices, or parking and mileage for doctors’ appointments. It does not usually amount to very much money.
